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CC PACKET 07232019
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CC PACKET 07232019
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<br /> <br />SILVER LAKE VILLAGE MULTIFAMILY REDEVELOPMENT EAW RECORD OF DECISION <br />CITY OF ST. ANTHONY VILLAGE, MN <br />WSB PROJECT NO. R-013966-000 PAGE 7 <br />(NEPA) (33 CFR part 325), (2) determining whether the proposal is contrary to the public interest (33 CFR <br />§ 320.4), and (3) in the case of a Section 404 permit, determining whether the proposal complies with the <br />Section 404(b)(1) Guidelines (Guidelines) (40 CFR part 230). <br /> <br />If the proposal requires a Section 404 permit application, the Guidelines specifically require that “no <br />discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed <br />discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative <br />does not have other significant adverse environmental consequences” (40 CFR § 230.10(a)). Time and <br />money spent on the proposal prior to applying for a Section 404 permit cannot be factored into the Corps’ <br />decision whether there is a less damaging practicable alternative to the proposal. <br /> <br />Response 3: This comment has been noted. <br /> <br />Comment 4: If an application for a Corps permit has not yet been submitted, the project proposer may <br />request a pre-application consultation meeting with the Corps to obtain information regarding the data, <br />studies or other information that will be necessary for the permit evaluation process. A pre-application <br />consultation meeting is strongly recommended if the proposal has substantial impacts to waters of the <br />United States, or if it is a large or controversial project. <br /> <br />Response 4: This comment has been noted. <br /> <br />Minnesota Pollution Control Agency (MPCA) <br /> <br />Comment 1: Project Description (Item 6) <br /> <br />Please note that demolition activities must comply with state and federal regulations that require <br />inspection of the structure for hazardous materials such as asbestos, lead based paint, light ballasts, <br />thermostats, stored chemicals, ozone depleting chemicals, etc. All regulated facilities must have a <br />thorough asbestos inspection conducted by a Minnesota Department of Health certified asbestos <br />inspector for the presence of asbestos containing material (ACM). Asbestos containing material is either <br />friable or non-friable. All friable or ACM that will become friable during demolition, is considered regulated <br />asbestos-containing materials (RACM). RACM must be abated prior to demolition activities. If abatement <br />of 160 square feet, 260 linear feet, or 35 cubic feet of RACM is required, a licensed abetment contractor <br />must be hired. For all demolitions, a “Notification of Intent to Perform a Demolition” must be submitted to <br />the MPCA 10 working days prior to the start of demolition. Flaking lead-based paint present on the <br />structure must be encapsulated or removed and properly disposed of off-site at the appropriate disposal <br />facility prior to demolition activities. Any lead-based paint chips present on the ground following <br />demolition must be removed and properly disposed of off-site at the appropriate disposal facility. A fact <br />sheet regarding Lead Paint disposal is available on the MPCA website at: http://www.pca.state. <br />inn.us/index.pho/view-document.htmI?Rid=9049. The Project proposer should also consider recycling as <br />much of the structure materials as possible to reduce the volume of material disposed of in the landfill. If <br />you have any questions regarding demolition issues or asbestos and lead paint abatement, please <br />contact Kit Grayson at 218-302-6627 or Kit.Grayson@state.mn.us. <br /> <br />Response 1: This comment has been noted. <br /> <br />Comment 2: Water Resources (Item 11) <br /> <br />The MPCA highly encourages green development practices to improve existing stormwater management <br />when sites are redeveloped by implementing measures to retain stormwater on the site vs. discharging <br />runoff to area surface waters. Green stormwater infrastructure includes practices to minimize runoff <br />through use of infiltration. Examples include installing pervious pavements, tree boxes, bio infiltration <br />areas, vegetated swales, or green roofs. See Overview of Green Infrastructure and Low Impact <br />Development – Minnesota Stormwater Manual for more information on these practices. Questions <br />29
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