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HomeMy WebLinkAbout3.c. Draft Comments for scope of Environmental Impact Study (EIS) for mining of UMore PropertyAGENDA ITEM: Draft Comments for scope of Environmental Impact Study (EIS) forGEI�IDA mining of UMore property SECTION: -CC PREPARED BY: Dwight Johnson, City Administrator AGENDA NO. 3.e,• ATTACHMENTS: draft comments APPROVED BY: DAB RECOMMENDED ACTION: Review draft of proposed comments on scope of EIS for proposed mining of UMore property 4 ROSEMOUNT CITY COUNCIL City Council Work Session February 11, 2009 EXECUTIVE SUMMARY Draft comments on the scope of the EIS for proposed gravel mining on the western third of the UMore property are due by February 17, 2009 to be officially considered by the University and its consultants. Staff has prepared the attached draft comments for your review. We anticipate that we will add or modify this further before the final draft is done. In particular, we would like to know if any issues have not been addressed. The City of Rosemount has reviewed the UMore Park Sand and Gravel Resources Scoping Environmental Assessment Worksheet (EAW). Based on our review, we offer the following comments: 1. The City completed an Alternative Urban Areawide Review (AUAR) for the area immediately north of the UMore Study Area. No references to this study or its findings are included in the EAW. This should be included in the Draft Environmental Impact Statement (DEIS). 2. Item 6, 13, and 17: The EAW states that water will be of the mine to wash aggregate, clean equipment, etc. groundwater will be used and its impact on the stud areas, wells, water bodies, and mitigation areas EAW states that an analysis will be completed, importance of this analysis to be included. m 8. The lacement pl U) for the W ted with thi 3. Item 6: The mining area will excavate' the groundwater quality and elevatio wells should be included in the DEIS Supply Plan and Wellhead P M ection P and drinking water supply +r nt adjacent to the UMore Study Wellhead Protection Plan to in wells, one which Q ed appr Area It is an the D Study Area discuss at aquifer vulne c ics. 5. Item 9: Concern/p to address the c E, umed in the operation ysis of how much as well as surrounding completed. While the es to emphasize the ow the groundwater to mpact to the po tat impact on by City ity's Comprehensive Water Ian 6=` the location of existing wells areas F ,SMAs) which are directly ity is bps g 'ng an update of the cted municipal supply est of the UMore Study or this ".1 will extend into the UMore 1 1 4 of the Wellhead Protection Plan emount municipal wells related to d issues related to surface soil states that Dakota County will issue the wetland pro 1 he City of Rosemount is the Local Government Unit d Co ervation Act and would permit any wetland impact oject within the City's boundaries. pports the inclusion of the further evaluation of the Sites of contamination areas in this DEIS along with the mitigation plan e issues. 6. Item 9: The EAW alludes that the four -lane divided highway (CSAH 42) provides adequate buffer between the proposed mining use and the existing and future residential development to the north of the site. The City does not agree that this provides adequate buffer and this should be further investigated in the DEIS with a mitigation plan provided. 7. Item 12. This item discusses the status of the City's review of the wetland delineation on the site. It should be noted that while the City reviewed the delineation in the field, it was discussed with the field staff that no approvals of the delineation would be forthcoming without the submittal of a delineation report to the City. No delineation report has been submitted to the City to date. While this information does not need to be included in the DEIS, it is provided here for information. 8. Item 16: The NPDES Permit number is MNR100001, not 100000 as indicated in this item. m 17: Thi traction withi tes the Uni n to keep approv 9. Item 18: This item discusses the use of wash water ='ov ercolation of wash water. As previously noted, based on the existing and expansion of the City's DWSMAs into the UMore Study Area, the man ment s treatment of wash water will need to be evaluated. 10. Item 19: This item states that there of the UMore site. When the City ob the Rich Valley area is a covered karst v information from Dakota Co, qty in relatio 11. Item 21: The traffic study City's traffic counts/analysis, information. Ad o o y, the tr potential deve ipated 12. Item 24: residents an be t _ed st features Y E:.i nine miles from Dakoounty that EIS should evaluate the UMore project location. ed EIS needs to incorporate the the County's e into account the future AUAR y north of the UMore site. 'se and vibration impact on existing 'ning operations. These issues need to t the Rosemount City Code does not allow mineral stu ea. The City's draft 2030 Comprehensive Plan ity pr erty as AGR Agricultural Research. It is the City's designation until the property is re- guided to a use consistent evelopment proposal. The Comprehensive Plan does g may be considered as an interim use prior to development, gnizes that this type of use may be incompatible with adjacent borhoods. The City will look to the final EIS for aggregate mining to int with acknow although alg residential neig assist in determining the potential impacts of on -site mining upon existing residential neighborhoods. The City's zoning ordinance does not allow for aggregate mining west of Akron Avenue which is the entire area covered by the Scoping EAW. An amendment to the ordinance would be necessary to carry out that interim use, which is recognized in the Scoping EAW language. However, the City does not agree that aggregate mining on the UMore property is consistent with the University's mission of education, research and outreach which would preclude local land use authority. The City's position is that any mining activity on the property must comply with all municipal land use controls currently in place or as amended in the future. 14. Item 28: This item states that the MCES sewer line is located within the right -of- way of Biscayne Avenue and is not likely to require realignment. It should be noted that within the City of Rosemount, the MCES system is located within MCES easement on UMore property and is outside of Biscayne Avenue right -of- way. C a1,F:u ork on the /ice csj die f.; tratr ie Retina n e Ilgve'lopm,r..�rr eoisultaticn am��rg Univ or a r oon W a t tel to that as key t t;na for tic 009 re ri Mayor, City ':ofR 2575 1 ::.s otmt,, As you .acw UMore Pk }?rc iJ uiversity `cif I ppmval of the Droste -4997 bear gill, J. am looking f r a tta: rt i you arr eagu Dkvight Johnson and Kin .ir d� lutst :�a m m b o e c f tour c of les ti tic -work rettarrdi ng the UN1ore Park property. One issue: in pattac.u1ar requires detailed discussion here I wish to provide so background. o. g e hits fn tIi eFt:rrle lfe:' r;:xa ;:iurt:r<r Ctsr:te'� 2; JO Oak Sovcr zirr 450 Office: 61.? -A=4 F:a- :612_62 _t t Board nesoBoard f Regents. With die gravel Lis w d way and ncept master plan last ttionth, we.are poised to proceed with :ssse'i :nprelientiive Office pkn amendment and .related next steps,..: ft Univve€sity had, from the earliest planning stages, anticipated an AUAR for the entire acres, as you know. Our previous discussions occ-trrred under the assrunptiotl that if the University. were to proceed with an AU AR for the 5,(}0O acres, the City ..of Rosemount could serve as the RGU with the c neurrence of Empire Township. You are also aware, Bill. that the haas been considerable discussion internal to the University regarding this step, as it relates to the gravel EIS, an anticipated 600 -acre Phase I'plan, the Gopher Ord' fame Works and iur sdietion l: Following internal discussions, the tlni versify concluded that we should proceed with an EIS for Phase 1 rather than an A UAR o 1 h entire 5,000 acres. The decision to focus tin the Phase 1: plan at this time is based on several: factors, including the loflowin market: conditions related to Mousing, co nun ercial development and gravel a ction: continue in a downturn_ th e state budget shortfall significantly affects the University as well as local urisdictions sate agencies encies aloe others. I federal budget situation has delayed the next round of testing of the Gopher Ordnance Works s site to determine the extent of any remethation and responsible parties .scpyer t. fict::..:1 be eiivironrucnta1 r atly appreciate the stl port and co teat tso so I im..Li.qui Ken Tyra v jaw: e erience cis RGU an o costs; the; assuran xpenditun is a key not stn 2 �vocrlcl have probably been the tiic:. st rppropr:i i f 5,090 ±a4. 1• .s due to i nn.in a.nd antic pa uists.. However, r noted above .render the project- specific EIS a far better ft for .t i•Pha.se l approach: The Office of the •General Counsel (OGC) also informs .ine that t;r mini. LQ1:3 thanes to the AL AR_prpcfz 4!:x6 essentially remove :most of the a<I� it�ag University that an;AU:AR: could prof:•idr: over Dui LIS. Changes•that are expected: to become effective in Summer 009 would increa. the L required TO omplete an AC.UAR. in add t on; Q13: changes would increase t:hc togd. of alternate es. to be examined rrtl in the.•geographi.e• area of an ;.1 fi.. making the res4Oirer .tints fbr process ttt airnc as those for an CNN. ter, :Bill, the as determined t a RGU :fix.a project-specific EIS, g,iven ion's :xisiing knowledge of the property. With heightened sensi tl the University would directly manage a the project and related for ntir ':mstitut on .to in the R(I) determination. is ucs t3 1 •fin arixiOtiS to di hiss with )'ou and your colleagues at your st convenience. The i font ttiOr here provides but a brief outline o the.key issues •that can sere as the basis for ur ttextcon%e ation. .livaddition;t to further hscttss: the tranSpOrtittion study Shen we. meet.. ent to r era e llat rati l i th: ua )fou: and .colleagues at the City of Rosen t t :have pa viu .di. ring these past vat development of a new commumty..on the UMore.Park property is a complex :proj easy one. I am s: rfident that our shared V siotn of the future Nvif.1 continue to help us navi together the challenges we meet along the way. April 15, 2008 Kenneth A. Larson Associate General Counsel and Director Transactional Law Services Group Office of the General Counsel University of Minnesota 360 McNamara Alumni Center Minneapolis, MN 55455 Dear Mr. Larson, This letter is in response to your letter to Charles LeFevere dated March 24, 2008 relating to the University of Minnesota's intent to proceed as the responsible governmental unit (RGI) for preparation of an Environmental Impact Statement (EIS) for nonmetallic mineral mining on property owned by the University within the City of Rosemount and Empire Township. The City of Rosemount finds it acceptable for the Universityto act as the RGU for the required EIS in consideration that the EIS will address only the impacts associated with mining operations and the post mining restoration and not address any potential environmental impacts of post-restoration land use for the property. The Qty's acceptance of this action is for this particular environmental review only. Further, the City Council expects that the University will engage appropriate City staff throughout the preparation and review of the EIS. The City Council anticipates that future environmental reviews relating to post mining development, most likely an Alternative Urban Areawide Review (AUAR), should be carried out with the City being the RGU. Similar to the current situation, the City would expect that the University would be substantially involved in the development and review process for this future document. If you have any questions, you may contact me at 651- 322 -2020. Sincerely, Kim Lindquist, Acting City Administrator Cc: Honorable Mayor and City Council Charlie LeFevere, City Attorney February 12, 2009 Mr. Steven Lott University of Minnesota UMore Park 1605 West 160 Street Rosemount, MN 55068 Dear Mr. Lott: 1. The City completed an Alte immediately north of the findings are included in the EA Environmental Impact Statemen 2. Item 6, 13, and 17: The EAW state the mine to wash aggregate, clean eq groundwater will be used and its impac fu to use plan. 3.C. E7{II�o� yvowxscswv' Re: City of Rosemount Review Comments University of Minnesota UMore Park Sand and G vel Resources Scoping Environmental Assessment Workshe Decision Document, January 2009 d Draft Scoping The City of Rosemount has reviewed the UMore Park Sand and Grave urces Scoping Environmental Assessment Worksheet (EAW) and Draft Scoping Decisio cument dated January 2009. Based on our review of this document, we offer the fo comments: rban Areawide Review (AUAR) for the area a. No references to this study or its be included in the Draft water will be consumed in the operation of ent, etc. An analysis of how much the study area as well as surrounding as needs to be completed. While the areas, wells, water bodies, and mitigation t an analysis will be completed, the City wishes to emphasize the analysis to be included. tes that the mined materials will be shipped to sites outside of es not mention evaluating the soil materials for use in the ent site. The proposed mining plan and end use plan need serving enough material to adequately anticipate the find end 4. Item 6: The E W states that the mining area will excavate below the groundwater table. Impact to the groundwater quality and elevations and the potential impact on nearby City wells should be included in the DEIS analysis. The City's Comprehensive Water Supply Plan and Wellhead Protection Plan identify the location of existing wells and drinking water supply management areas (DWSMAs) which are directly adjacent to the UMore Study Area. The City is beginning an update of the Wellhead Protection Plan to incorporate recently constructed municipal supply wells, one which is located approximately 3 A miles west of the UMore Study Area. It is anticipated that the DWSMA for this well will extend into 3 4 the UMore' Study Area. Further, Sections 1.1.3 and 1.1.4 of the Wellhead Protection 'lain discuss at length the vulnerability of Rosemount municipal wells related to aquifer vulnerability assessment results and issues related to surface soil characteristics. 5. Item 6: The EIS should discuss the proposed depths of the mining operations. 6. Item 6: On page 4 in the Tw paragraph, it appears that the project may include a concrete plant on -site. If this is the case, the EIS should include all the roles and processes associated with the mining activities within the study area. 7. Item 6: The ancillary manufacturing uses stated as "manufacture and transport of various asphalt products" and "manufacture, stockpiling, warehousing and transporting of concrete block, concrete pavers, concrete pipe, concrete plank, etc." are not allowed within a mineral extract ermit or in the AG-Agriculture zoning district. 8. Item 6: The AG-Agriculture zoning only allo eral extraction east of US Hwy 52 and within one half (1/2) mile o 9. Item 6: The City would be concerned about th r sorting of "peaty" or other organic soils that are not suitable for compaction one to settlement. 10. Item 8. The list of replacement p (LGU) for th associated 11. Item 9: The Concern/possib to address these iss rmits states -that Dakota County issue the wetland The City of Rosemount is the Local Government Unit ervation Act and would permit any wetland impact 'thin the City's boundaries. of the further evaluation of the Sites of tion this DEIS along with the mitigation plan 12. Item 9: The EAW indica t the four -lane divided highway (CSAH 42) provides adequate buffer between the proposed mining use and the existing and future residential development to the north of the site. The City does not agree that this provides adequate buffer and this should be further investigated in the DEIS with a mitigation plan provided. 13. Item 9: The EAW states that the EIS will address existing land uses within the site within a 0.5 mile area. The intent of the use of 0.5 miles as an arbitrary boundary is unclear. How was this width determined? It is likely, especially with groundwater, noise, odors, and traffic that impacts may occur further than 0.5 miles from the study area. 14. Item 10: The proposed mining plan referenced in the EAW needs to be developed in conjunction with the Qty, Township, and County. 15. Item 12. This item discusses the status of the City's review of the wetland delineation on the site. It should be noted that while the City reviewed the delineation in the field, it was discussed with the field staff that no approvals of the delineation would be forthcoming without the submittal of a delineation report to the City. No delineation report has been submitted to the City to date. While this information does not need to be included in the DEIS, it is provided here for information. 16. Item 13: This item needs to show that the City's Drinking Water Supply Management Area (DWSMA) is located within the UMore iroperty just east of the study area. The EIS also needs to evaluate how the s groundwater pumping operations will affect the City's existing we d north of CSAH 42. Additionally, there are three more proposed wells t. ted north of CSAH 42 (see Akron/CSAH 42 AUAR and Qty's Water S 17. Item 16: The NPDES Permit number is MNR100001, not 10 dicated in this item. 18. Item 16: Why is the acreage to be graded or excavated "to be determined With the gravel study that has been c. ��c.t ;d, shouldn't there be an estimated amount to be excavated, or at least a range. 19. Item 17: The EIS should evalua activities on the surface flow and 20. Item 17: States that the approximate seems to be in conflict with the elevation on listed in Item 19. m18:This previously no MAs into the need to ow and impact of dewatering table is 875 feet. Is this correct? This Cobblestone Lake at about 907 feet and discusses the use of wash water and percolation of wash water. based on the existing and anticipated expansion of the City's ore Study Area, the management and treatment of wash aluated. 22. Item 19 tates that there are no known karst features within nine miles of the UMore F en the Qty obtained information from Dakota County that the Rich Valley area is a covered karst valley. The DEIS should evaluate the information from Dakota County in relation to the UMore project location. 23. Item 19: Depth to groundwater as a minim of 24 feet and an average of 60 feet seems inconsistent with the 875 foot ground water elevation listed in Item 17. The average ground elevation in the study area is about 950 feet which would mean that the average groundwater elevation would be about 890 feet. 24. Item 20: This item states that a block operation would generate waste pallets. This statement should be removed because concrete block manufacturing is not permit within mineral extraction areas. 25. Item 21: The traffic study that is completed for the DEIS needs to incorporate the City's traffic counts /analysis, which is more updated than the County's information. Additionally, the traffic study needs to take into account the future potential development anticipated in the AUAR study north of the UMore site. 26. Item 24: The City is concerned about noise and vibration residents and future residents during the mining operatio addressed in the DEIS. 27. Item 24: This item states that proposed operatio processing. This statement should be removed because asp allowed within mineral extraction areas. 28. Item 26: Equipment for concrete recycling operation and ready.mix -te production should be included in the visual impacts. The mineral extrac on standards prohibit equipment over 75 feet and height and there are performance standards regarding minim ning of this equipment. 29. Item 27: This item states that City Code does not allow mineral extraction within the study area e Ci 30 Comprehensive Plan designates the Universityproperty :nc s. Research. It is the City's intention to keep that designation property is re- guided to a use consistent with a City approved development p al. The Comprehensive Plan does acknowledge that mining maybe consi• -d as an interim use prior to development, although also recognizes that this type o e may be incompatible with adjacent re The City will look to the final EIS for aggregate mining to the potential impacts of on-site mining upon existing residential act on existing ese issues need to be lude asphalt ufacturing is not ce does not allow for aggregate mining west of Akron Av :which is th tire area covered by the Scoping EAW. An amendment to the ordin. uld cessary to carry out that interim use, which is recognized in the Scop ge. However, the City does not agree that aggregate mining on the UMo .pertyis consistent with the University's mission of education, research and outreach which would preclude local land use authority. The City's position is that any mining activity on the property must comply with all municipal land use controls currently in place or as amended in the future. 30. Item 27: The AG-Agricultural zoning district limits mineral extraction operations to lands located east of US Hwy 52 and within one half (1/2) mile of CSAH 42. 31. Item 27: Cement and concrete production is a conditional use within the mineral extraction permit, but asphalt production or the manufacturing of concrete products, such as pipes, blocks, and pavers, are uses that are not allowed with the mineral extraction permit. 32. Item 27: The Dakota County 2030 Comprehensive Plan is available on the Dakota County website. 33. Item 27: This item states that it anticipates zoning amendments following the adoption of the 2030 Comprehensive Plan. Zoning amendments to the mineral extraction section assumes that the changes would not interfere with orderly development, as stated within the Comprehensive Plan. 34. Item 28: This item states that the MCES sewer line is located within the right -of -way of Biscayne Avenue and is not likely to require realignment. It should be noted that within the City of Rosemount, the MCES system is located within MCES easement on UMore property and is outside of Biscayn enue right-of-way 35. Item 28: The impact of dewatering an existing and proposed wells should be 36. Item 28: Item 17 states that lakes may be c e post mining reclamation and that the ground water elevation is 875 feet. c elopment of land near or below the 900 foot is at the lower limit of Rosemount's water pressure zone. Additional infrastructure may be required for the m a al water system to accommodate devel. ment at or below the 900 foot e -p Lion. 37. Draft Scop UMore noted that a particularly fo reclamation wo standards. This concludes the City of Rosem r.'s comments for the UMore Park Sand and Gravel Resources Scoping Environmental Assessment Worksheet (EAW) and Draft Scoping Decision Document dated January 2009. We look forward to your response to these comments and coordination with the City of Rosemount as the Draft Environmental Impact Statement (EIS) is prepared for the study area. Sincerely, Dwight Johnson City Administrator Cc: Honorable Mayor and Council Members ravel mining operation on the City's min the EIS. nt, page 4: This page states that the perimeter of the laimed at a three to one slope or flatter. It should be which is a 33% slope) is generally not developable, hould be considered to state that the final ors that do not exceed City street design Kim Lindquist, Community Development Director Andy Brotzler, City Engineer