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HomeMy WebLinkAbout#17 - Sunfish Lake Park EAW1 STAFF REPORT DATE: October 15, 2019 TO: City Council FROM: Ken Roberts, Planning Director AGENDA ITEM: EAW Request – Mountain Bike Trails - Sunfish Lake Park REVIEWED BY: Sarah Sonsalla – City Attorney BACKGROUND: The City received notice on October 7, 2019 that a petition had been submitted to the Minnesota Environmental Quality Board (EQB) requesting that an Environmental Assessment Worksheet (EAW) be prepared for the proposed mountain bike trails in Sunfish Lake Park. The EQB determined that the City of Lake Elmo is the appropriate governmental unit to decide the need for an EAW for this project. I have attached the EAW petition for your reference. ISSUE BEFORE CITY COUNCIL: Does the City Council want to order the preparation of an EAW for the proposed Mountain Bike Trail project in Sunfish Lake Park? ANALYSIS: An EAW is a “brief document which is designed to set out the basic facts necessary to determine whether and Environmental Impact Statement (EIS) is required for the proposed action.” The purpose of the EAW process is to disclose information about the potential environmental impacts of a project. It is not a project approval process. Please see the attached EAW fact sheet from Crow Wing County for more information about EAWs. The State of Minnesota has several rules and standards for the preparation of EAWs and EIS (Environmental Impact Statement) for projects and land use activities in the State. These rules include which agency should decide the need for an EAW or other type of environmental review, the type of environmental review that may be needed for a project and the timing of governmental approvals for a project during the environmental review process. In this case, because the park is in the City of Lake Elmo and because the project would not impact any other jurisdiction, the EQB determined the City is the responsible governmental unit (RGU) to decide the need for an EAW. Minnesota Rules Parts 4410.4300 – 4410.4600 set forth when an EAW is mandatory and when it is discretionary and also when a project is exempt from an EAW. The proposed mountain bike trail project for Sunfish Lake Park would include the construction of about four miles of single track (2-3 feet wide) trails in the park. In reviewing the State rules for EAW’s, City staff has determined that the proposed mountain bike trail project in Sunfish Lake Park does not meet the requirements in Minnesota Rules Part 4410.4300 for a mandatory EAW. The proposed project also is not exempt from an EAW pursuant to Minnesota Rules Part 4410.5600. The City Council therefore has the option to choose whether to prepare a discretionary EAW for this project pursuant to Minnesota Rules Part 4410.4500. The decision point is that because of the nature or location of the proposed project that it may have the potential for significant environmental effects. 2 The standard for making this decision is provided in Minnesota Rules Part 4410.1100, subpart 6. Subpart 6 states “the RGU shall order the preparation of an EAW if the evidence presented by the petitioners, proposers and other persons or otherwise know to the RGU demonstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. The RGU shall deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects. In considering the evidence, the RGU must take into account the factors listed in part 4410.1700, subpart 7.” Minnesota Rules Section 4410.1700, subpart 7 states “in deciding whether a project has the potential for significant environmental effects, the following factors shall be considered: a. Type, extent and reversibility of environmental effects; b. Cumulative potential effects. The RGU shall consider the following factors: whether the cumulative potential effect is significant; whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project: c. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. The RGU may rely only on mitigation measures that are specific and that can be reasonably expected to effectively mitigate the identified environmental impacts of the project; and d. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, including other EIS’s.” Discretionary EAW – Standards for Decision The City Council must take into account the factors set forth above when considering the evidence provided by the petitioners in their request for an EAW. The submitted petition requesting the EAW alleges the following if the City allows the construction of the mountain bike trails in Sunfish Lake Park: 1. Negative effects on the fragile environment of this specific area. 2. Erosion concerns – soils are erodible throughout the terrain of the park. Trails in this area will inevitably erode, requiring ongoing maintenance as well as present possible hazards. 3. Habitat destruction and the changing nature of the park that the trails would present. 4. That habitat loss would be significant. 5. Wildlife and sensitive species would be lost. 6. Protected areas of the park would be forever changed. 7. Incompatible uses and promises made when the park was established – not all parks are appropriate for all uses. The City’s Parks Commission has studied the possibility of adding mountain biking trails to Sunfish Lake Park several times over the last year. The Commission reviewed a preliminary bike trail map for the park on January 23, 2019. At that meeting the Commission directed staff to develop one trail in the park to present back to them and to the Minnesota Land Trust (the Minnesota Land Trust is the holder of a conservation easement over land in the park). Staff revised the trail plans and submitted them to the Minnesota Land Trust. The Minnesota Land Trust approved the revised trail plans. The Parks Commission reviewed the latest trail plans and other information about the project at its May 20, 2019 meeting. I have attached the staff report for this meeting for your reference. In this report staff reviewed concerns and information about potential issues with the proposed mountain bike trail project including soils and erosion, threated or endangered species, trail design and impact to other users. 3 The key points for the City Council to consider when reviewing the request for an EAW are noted in Minnesota Rules Part 4410.1100, subpart 6: “[T]he RGU shall order the preparation of an EAW if the evidence presented by the petitioners, proposers and other persons or otherwise know to the RGU demonstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. The RGU shall deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects. In considering the evidence, the RGU must take into account the factors listed in part 4410.1700, subpart 7.” As noted above, the petitioners cite several concerns and potential environmental issues with the mountain bike trails in Sunfish Lake Park. There is nothing in the petition or in the record from the City’s study and review of the proposed mountain bike trails in Sunfish Lake Park that demonstrates that the project would have the potential for significant environmental effects. As I also noted above, Minnesota Rules Part 4410.1700, subpart 7 states “in deciding whether a project has the potential for significant environmental effects, the following factors shall be considered: a. Type, extent and reversibility of environmental effects. The City recognizes that adding mountain bike trails to Sunfish Lake Park will have some environmental effects with the minimal grading, tree removal, loss of habitat and trail construction. None of these activities will be significant and if needed, their minimal effects could be reversed with restoration if the City was to close the mountain bike trails. b. Cumulative potential effects. The RGU shall consider the following factors: whether the cumulative potential effect is significant; whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project: There is nothing in the design of the mountain bike trails or in the EAW petition showing any significant environmental effects from the construction of the mountain bike trails. In fact, the City has designed the proposed trails to minimize their potential environmental effects by taking into account the slopes and the waterbodies in the trail design. Single- track trails have minimal impact on the environment and their effects are on par with a hiking trail. c. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. The RGU may rely only on mitigation measures that are specific and that can be reasonably expected to effectively mitigate the identified environmental impacts of the project; and The City may need to mitigate the environmental effects of the trail as they are used - especially in regards to erosion. This is a responsibility the City acknowledges and accepts as part of this project. d. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, including other EIS’s.” 4 There are no other projects or environmental studies in this area of Lake Elmo at this time. It is important to note that allegations of vague or generalized fears and concerns are not sufficient for the City to make a determination of the potential for significant environmental effects from a project as is required by the State rules. The possible significant environmental effects of a project must be studied and documented by the petitioners in order for the City to consider them as a possible factor in its decision- making about the need for an EAW. It also is important to note that the potential conflict between users of the park is not a criterion set by the State of Minnesota for determining the need for and EAW. FISCAL IMPACT: If the City ordered the preparation of an EAW for the Sunfish Lake Park Mountain Bike Trail project, staff estimates the cost of the EAW would range between $5,000 and $10,000. STAFF RECOMMENDATION: Staff recommends that the City Council deny the petition for the preparation of an EAW for the proposed mountain bike trails in Sunfish Lake Park. Suggested motion: “Motion to deny the petition for the preparation of an EAW for the proposed mountain bike trails in Sunfish Lake Park and adopt Resolution 2019 – 078 that is a record of the City decision including findings of fact.” ATTACHMENTS: 1. EAW Petition 2. Crow Wing County EAW Fact Sheet 3. May 20, 2019 City staff report 4. Resolution 2019 – 078 What is an EAW? An Environmental Assessment Worksheet (EAW) is de- fined by state statute as a “brief document which is de- signed to set out the basic facts necessary to determine whether an Environmental Impact Statement (EIS) is re- quired for a proposed action.” The purpose of the EAW process is to disclose information about potential environ- mental impacts of a project. It is not an approval process. The Minnesota Environmental Quality Board (EQB) is the state agency that issues rules about EAWs. What causes an EAW to be prepared? EAWs are required by law on certain large projects, but can also be ordered by a Re- sponsible Government Unit (RGU) if it feels that there is the potential for significant environmental effects. In addition, a group of 100 citizens in Minnesota can petition an RGU to conduct an EAW. An RGU then must decide if the petition has merit. The EAW process involves three primary steps Step 1 – EAW Preparation The project proposer supplies all necessary data to the Responsible Governmental Unit (RGU), which is assigned responsibility to conduct the review and prepare the final EAW document according to the EQB rules. Crow Wing County is the RGU on most development-related EAWs, but the RGU could also be a state agency, such as MPCA. The RGU prepares the EAW in consultation with the project proposer. It consists of a standard form supplied by the EQB and relevant supporting materials. Costs associated with EAW preparation are the responsibility of the proposer. The county often charges an administrative cost for its role in preparing and processing an EAW. Step 2 – Public Comment Period An EAW is a public document. Public notice is given of its availability for review in the local newspaper. The EAW is also distributed to various local, state, and federal agencies along with the local library. The comment period is 30 calendar days. Any person may review and comment in writing on an EAW. Comments must be submit- ted to the RGU by the end of the 30 day comment period. Step 3 – Decision on Need for an EIS The RGU responds to the comments received and makes a decision on the need for an EIS based on the EAW, comments received, and responses to the comments based on Minnesota Rules 4410.1700, subparts 6 and 7. Findings supporting this decision are also adopted by the decision-making body of the RGU (such as the County Board). The RGU and other units of government may require modifications to the project to mitigate environmental impacts as disclosed through the EAW process. If a negative declaration on the need for an EIS is determined, then the oth er permits and approvals can be issued and the project can move forward. If the RGU determines that an EIS is necessary, permits/approvals cannot be issued until an EIS is complet- ed. Where can I get more information? The EQB publishes a “Guide to Minnesota Environmental Review Rules” that further details the environmental review process. It is available online at http://www.eqb.state.mn.us EAW FACTSHEET Environmental Review Types EAW: A screening tool to determine whether a full environmental impact statement is needed. The work- sheet contains 20 questions docu- ment focusing on the project’s envi- ronmental setting, the potential for environmental harm, and plans to reduce the harm. About 150 work- sheets are completed each year in Minnesota. Time Frame: 2 to 6 months EIS: An in-depth analysis used for major development projects that will sig- nificantly change the environment. The statement covers social and economic influences, as well as envi- ronmental impact, and looks at al- ternate ways to proceed with the project. Time Frame: 1 year or more AUAR: Alternative Urban Areawide Review An AUAR is a type of environmental assessment used to assess potential cumulative environmental impacts from future urban development over a broad geographic area. The AUAR process includes the prepa- ration of a “Mitigation Plan” that identifies methods to avoid, mini- mize, or mitigate identified environ- mental impacts as future develop- ment takes place. Time Frame: 6 months or more Questions??? Contact Environmental Services at (218) 824-1125 or environmental.services@crowwing.us STAFF REPORT DATE: 5/20/2019 REGULAR TO: Parks Commission FROM: Ben Prchal, City Planner AGENDA ITEM: Bike Trials within Sunfish Lake Park REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The City of Lake Elmo Parks Commission and City Council approved a Capital Improvement expenditure of $120,000 for the development of bike trials in Sunfish Lake Park. Staff was then directed through the 2019 parks work plan to further explore trail development and gather information on what it would mean to build bike trails within the park. The Parks Commission had an opportunity to review a preliminary bike trail map at their January 23rd meeting. At that meeting they directed staff to focus on developing one trail that would be reasonable to present to them and to the Land Trust, who also has a level of authority over the park related to the conservation easement. A draft map was sent to the Land Trust to review, to which they provided feed back to the City. Staff took their comments and incorporated them into the other trail option as it was more in line with what the Trust saw as being acceptable. Since then, a new bike trail map has been developed which has been approved by the Land Trust. Staff recognizes that this map is different than what the Parks Commission had previously approved but would ask them to understand that it has met the expectations of the Land Trust. A Request for Proposal (RFP) was also prepared in tandem with the trail. ISSUE BEFORE THE PARKS COMMISSION: Does the Parks Commission support the proposed Trail Map and RFP for the Sunfish Lake Trail system? PROPOSAL DETAILS/ANALYSIS: The intent of this report is to cover a few of the key discussion points that came up at prior meetings as well as provide some relevant detail about the proposed bike trail map. SOILS: Staff researched the soil types that are throughout the park and have provided some information from the USDA Web Soil survey website (https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx). After looking into the site in more detail the survey produced a map that would indicate the soils to range from somewhat limited to very limited in terms of their ability to develop trails. On the site you can search the soils capability for development by use, such as trails, off-road trails, camp grounds, home sites, etc. Staff ran two reports one for paths and trails and one for off road motorcycle trails. Staff ran both reports because the bike trails seemed to fit between the two use categories, both reports produced similar results. Beyond maintenance reasons, motorized vehicles will not be allowed on the trails. The section of soil that the trail will be going through is classified as somewhat limited for this use. The USDA classifies the “somewhat limited” soils as follows: ““Somewhat limited” indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected.” 2 Staff believes that with the professional design, review of the Minnesota Land Trust, and design implementation of the final contractor the trails will be able to overcome the limiting factors of the soil. HISTORY: MN Historical Society: Searching the Minnesota Historical Society website did not produce any information that was relevant to Sunfish Lake Park. National Registry: The National Registry for Historical Places also did not produce any information pertaining to Sunfish Lake Park. Staff understands that the park does hold historical value to some residents. This is clearly outlined in the “History of Sunfish Lake Report” that was produced by residents of the City. THREATENED OR ENDANGERED SPECIES: MN DNR: Using the Minnesota DNR website Staff performed a search of Lake Elmo (https://www.dnr.state.mn.us/rsg/index.html). There was only one species that came up as being threatened which was the Pugnose Shiner (fish). These fish are known to inhabit clear glacial lakes. The trail has limited exposure to the pond within the Park and if the fish are present in the pond it is not expected that the trail will impose detrimental effects to the fish. Also known to be in the park is the Blandings Turtle. The DNR lists the turtles habitat as being in prairie, floodplain forest, wet forest, steams and ponds. As you will see the trial has been moved out of the prairie to help mitigate the impact to other species. US. Fish and Wildlife: The search through this agency produced more results but instead of providing data specific to Lake Elmo it provided information state wide (https://ecos.fws.gov/ecp0/reports/species-listed-by-state-report?state=MN&status=listed). The search could suggest that there is habitat for the Rusty Patch Bumble Bee which is listed as endangered. Their habitat consists of grasslands. Keeping this in mind a trail route has been suggested which would mitigate interference with the existing grassland/prairie. Beyond that they also list Bush-clover as being a threatened species. The preferred habitat is considered to be tall grass parries. Similar to the bumble bee, the bike trail has been moved to help limit the potential exposure. NEPA (National Environmental Protection Agency): Staff also ran a report from the NEPA website, which is attached. There are some relevant categories that the report will provide for evaluating the site. Such as historic relevance, impaired (does not meet quality standards) waterbodies, or streams. Based on the produced report staff did not see anything that was not already known or posed substantial concern for further review. 3 Staff was unable to find substantial evidence proving that mountain bikers would cause more of a disturbance to the natural environment than other user groups. There is also a continual statement that mountain bikers produce more litter than hikers or other user groups. Again, there was not supporting evidence to prove that there was a direct correlation between activity and careless displacement of litter. SUNFISH LAKE TRAIL PROPOSAL: Aspects of the Trial: Due to the potential for conflicts between user groups, the number of crossings was reduced. This is beneficial from two perspectives. It will help to reduce the potential for conflicts as well as prolong the riders’ ability to focus on the trail without constantly being cautious of another crossing. Number of Bike/Walking Trail Crossings - 10 crossings Estimated Trail Length - 4 miles The bike trails proposed for Sunfish Lake would be narrow trails called single-track. Once established, single-track trails average 18-24” in width, are not paved, reach a broad range of riders and are designed to flow through natural areas with gradual inclines and declines in topography. These single-track trails can be seen as similar to a narrow hiking path (not like the trails already existing) with the exception that bike trails would be closed to the public when saturated with water after a significant rainfall, melting snow or melting frost, and would remain closed until dry to avoid erosion and degradation of the trail surface. Modern trail design and construction uses sustainable trail building techniques. Single-track trails have been shown to have minimal impact on the environment, resist erosion through proper design, construction and maintenance, co-exist with the natural environment and blend with the surrounding area. Impact on surrounding properties: The park does not boarder a large number of residential properties. The majority of the homes are located to the North/ North East of the park with the rest being farm land or larger residential properties. The bike trail is generally kept internal to the site and Staff believes it would be difficult to see the proposed trail from the edges of the park. Staff does not anticipate bikers to cause more of a nuisance than other users within the park. There is an established park entrance with a parking lot which is where we would expect most users to enter the park. Staff does expect the trail to receive active use but at this time believes the parking lot(s) to be adequate for users. Impact to other users: With the added amenity of bike trails, it is anticipated that the number of users in the park will increase. With the user type expected to vary, the majority of the proposed trail is designed to mitigate the speed at which a bike will cross a walking path. The design of the trail is predominately located in areas that do not have an established use, thus not now actively used. It is important that the park is safe and offer useful amenities for all residents and visitors. Where crossings are going to occur they will be established in a way that will force bike riders to slow their speed to safely cross the walking trail. Clearing brush near the trail crossings would also be a method to help establish better visibility around each trail intersection. Signage: Where intersections occur, trails would be marked displaying the direction of travel and expectations. The City should expect to put up signage warning walkers and bikers of the crossings. There can also be signage placed at the entrance to further inform users of expectations as well as conditions of trails after rain events. Such as: “Riders must wait 2 hours after a rain event before trail use” and “Be good stewards remove all trash”. Request for Proposal Details: The attached RFP is important in that it outlines the expectations that the City would have for the trail builder. Staff sent the Land Trust the RFP at the time that the first trail map was provided to them for review. The organization did not have any suggestions for edits to the RFP with the exception of adding language to improve the trails which are being removed. Staff does not believe this is largely impactful and something that can easily be accomplished. Some ideas to satisfy this requirement might be an Eagle Scout project or else the City could consider ordering a few more 4 trees for the Arbor Day give away that would be plated in the park. Staff is aware that the maps have not been updated in the RFP but they will be changed out by the time the request is made public. FISCAL IMPACT (Estimated) : There is $120,000 reserved for the development of bike trails throughout the park. Signage $700 - $800 (intersection signage) Trail Head Sign $1,000 - $2,000 staff would recommend revamping the entire kiosk at the park. A report for trail maintenance was prepared by rails to trails conservancy, this is not solely specific to Minnesota but staff does not believe that trail maintenance and costs will dramatically vary. The full report can be found on the City website at http://www.lakeelmo.org/parks-commission-sunfish-lake-park-documents. The time and cost to maintain trails had a wide range which would depend on the amount of yearly maintenance such as mowing, vegetative clearing, and asphalt repair. The report was written to cover asphalt and crushed stone paths. Crushed stone is similar to mountain bike trials but different in design and natural material. However, the report indicated that entities that actively maintained their trails expected to spend $1,000 to $2,000 per mile depending on surface type. After speaking to Minnesota Off-Road Cyclists (MORC) and the Recreation Manager at the City of Woodbury, those figures do appear to also apply to bike trails. Based on current information, there does not appear to be an increased cost to maintain mountain bike trails over other paved or natural surface trails. OPTIONS: Staff is requesting that the Parks Commission review and comment on the draft trail design. The Parks Commission may: 1. Recommend approval of the bike trail and RFP as approved by the Land Trust. 2. Direct Staff to make amendments and then recommend approval. 3. Recommend denial of the bike trail and RFP as approved by the Land Trust RECOMMENDATION: At this time Staff believes that information known today is sufficient to know that bike trails, if designed, built, and maintained appropriately will not erode the park. “Recommend approval of the Trail Plan and RFP to build the new trails which has been presented, within Sunfish Lake Park” ATTACHMENTS: • Draft Trail Map. • April 18, 2019 Letter from MN Land Trust • Due to the size of some of the attachments a City webpage has been established to hold the documents. Please visit http://www.lakeelmo.org/parks-commission-sunfish-lake-park-documents o Soil Survey o MN DNR Report o National Environmental Protection Agency Report (NEPA) o Ecological Review o Maintenance Report o History of Sunfish Lake Park o Land Trust Easement o RFP Resolution 2019-078 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2019-078 A RESOLUTION DENYING A PETITION FOR PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE PROPOSED MOUNTAIN BIKING TRAIL PROJECT IN SUNFISH LAKE PARK WHEREAS, on October 7, 2019, the City of Lake Elmo (the “City”) received from the Environmental Quality Board (EQB), a petition requesting that the City Council require an environmental assessment worksheet (EAW) for the potential mountain bike trail project which has been proposed to be located at Sunfish Lake Park in the City (the “Project”); and WHEREAS, the EQB has designated the City as the responsible governmental unit (RGU) for the Project; and WHEREAS, the City Council considered the request for the EAW at its meeting on October 15, 2019 and the petitioners and their representatives were provided the opportunity to present information; and WHEREAS, the City Council considered all of the information presented at its October 15, 2019 meeting along with the staff report and its supporting documentation; and WHEREAS, the EQB rules (Minnesota Rules Part 4410.1100, subpart 6) require the City to determine whether, because of the nature or location of the Project, the Project may have the potential for significant environmental effects; and WHEREAS, the EQB rules (Minnesota Rules Part 4410.1700, subpart 7) further require the City to consider the following factors: a. Type, extent, and reversibility of environmental effects; b. Cumulative potential effects: whether the cumulative potential effect is significant; whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project; c. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; Resolution 2019-078 d. The extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs. NOW, THEREFORE, BE IT RESOLVED THAT that based on all of the evidence presented and the findings below, the City Council determines that the Project does not present the potential for significant environmental effects: 1. The Project involves construction of approximately 4.20 miles of single-track mountain bike trails within Sunfish Lake Park. 2. Multi-use single-track trails are unpaved and average 18-24” in width. Single-track trails have been shown to have minimal impact on the environment, resist erosion through proper design, construction, and maintenance, co-exist with the natural environment, and blend with the surrounding area. 3. All trails--whether improved or unimproved or for use by pedestrians, bicycles or mountain bikes--have some environmental impacts. The evidence demonstrates that the Project is not likely to have significant environmental impacts, which is required by Minnesota Rules Part 4410.1100, subpart 6. 4. Studies have shown that the environmental impacts from properly designed mountain bike trails are similar to those of hiking trails. The City has hiking trails throughout wooded areas of the City, including within Sunfish Lake Park and the City has not found those trails to have caused significant environmental impacts to those areas. 5. The petitioners assert that the Project will have significant environmental effects in the following ways. Each of these assertions is addressed in the findings below: a. Negative effects on the fragile environment of this specific area. The City has not found any evidence that the Project will have a negative effect on the environment in Sunfish Lake Park and the petitioners have not provided any evidence to that effect. Furthermore, the Minnesota Land Trust holds a conservation easement over the area in Sunfish Lake Park and the purpose of the conservation easement is to protect habitat for wildlife and native plant communities. The Minnesota Land Trust has consented to the Project. It would not have consented to the Project if it had found that the Project had a negative effect on the environment as protecting the environment is the purpose of the conservation easement. Resolution 2019-078 b. Erosion concerns – soils are erodible throughout the terrain of the park. Trails in this area will inevitable erode, requiring ongoing maintenance as well as present possible hazards. There is no evidence that the soils in Sunfish Lake Park are any more erodible than soils in other areas of the City. As stated above, any erosion caused by the mountain bike trails would be similar to those of hiking trails, which also are present in Sunfish Lake Park. Furthermore, the mountain bike trails will be designed, constructed, and maintained so they resist erosion. Mountain bike trails will follow existing contours that will minimize erosion potential. There has been no evidence presented by the petitioners that these techniques or plans will be insufficient to prevent a significant environmental impact. c. Habitat destruction and the changing nature of the park that the trails would present. Potential habitat loss due to the Project is minimal (approximately one acre of ground disturbance) and represents a small fraction of the habitat within the 268-acre park. Additionally, the mountain bike trails will be unpaved and construction of the trail system will result in minimal tree removal, so there will be very little disturbance to the nature of Sunfish Lake Park or its habitat. Trails will be designed to go around mature trees to avoid their removal. d. That habitat loss would be significant. As noted above, potential habitat loss due to the Project is minimal. e. Wildlife and sensitive species would be lost. There is no evidence that the Project will negatively impact any wildlife or any sensitive species. f. Protected areas would be forever changed. The Minnesota Land Trust holds a conservation easement over the area within the Park. It has consented to the Project. The Minnesota Land Trust would not have consented to the Project if it had found that the Project was going to change the conservation easement area as the purpose of the conservation easement is to preserve the land in its natural state. g. Incompatible uses and promises were made when the park was established, not all parks are appropriate for all uses. Mountain bike trails provide opportunities for bikers to observe and appreciate natural surroundings in the same manner as existing trails through Sunfish Lake Park. The mountain bike trails are being designed in order to avoid trail cross-over conflicts with other trails in the park and are predominately located in areas which do not have an established use, thus not now actively used. When trail crossings occur, they will be established in a way that will require mountain bikers to slow down to a speed that allows them to safely cross the other trails. Resolution 2019-078 6. Minnesota Rules Part 4410.1700, subpart 7 also requires the following factors to be considered when determining whether the Project has the potential for significant environmental effects. Each of these factors is considered by the City Council in the findings below: a. Type, extent, and reversibility of environmental effects. Type, extent and reversibility of environmental effects. The City recognizes that adding mountain bike trails to Sunfish Lake Park will have some environmental effects with the minimal grading, tree removal, loss of habitat and trail construction. None of these activities will be significant and if needed, their minimal effects could be reversed with restoration if the City was to close the mountain bike trails. b. Cumulative potential effects. The RGU shall consider the following factors: whether the cumulative potential effect is significant; whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project: There is nothing in the design of the mountain bike trails or in the EAW petition showing any significant environmental effects from the construction of the mountain bike trails. In fact, the City has designed the proposed trails to minimize their potential environmental effects by taking into account the slopes and the waterbodies in the trail design. As discussed above, single- track mountain bike trails have minimal impact on the environment and their effects are on par with a hiking trail. c. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. The RGU may rely only on mitigation measures that are specific and that can be reasonably expected to effectively mitigate the identified environmental impacts of the project; and The City may need to mitigate the environmental effects of the trail as they are used - especially in regard to erosion. This is a responsibility the City acknowledges and accepts as part of the Project. d. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, including other EIS’s.” Resolution 2019-078 There are no other projects or environmental studies in this area in the City of Lake Elmo at this time. NOW THEREFORE BE IT FURTHER RESOLVED THAT THE CITY COUNCIL OF THE CITY OF LAKE ELMO FINDS THAT: 1. The petition to require preparation of an EAW is hereby denied because the evidence presented has failed to demonstrate that the Project may have the potential for significant environmental effects. This resolution was adopted by the City Council of the City of Lake Elmo on this 15th day of October, 2019. _____________________________ Mike Pearson, Mayor ATTEST: ___________________________ Julie Johnson, City Clerk