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HomeMy WebLinkAbout11.b. Vesterra Mining EAWCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: May 20, 2003 AGENDA ITEM: Vesterra Mining EAW AGENDA SECTION: New Business PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENfM 11 L 9 ATTACHMENTS: None. APPROVED BY: At the April 3, 20023 City Council meeting, Council authorized the distribution of the Vesterra Mining EAW for public review and comment. The 30 -day comment period ended May 14, 2003. At this time, responses are being prepared for the comments received and will be presented to Council at the meeting. RECOMMENDED ACTION: COUNCIL ACTION: 7 MEMORANDUM TO: Honorable Mayor and City Council Members Jamie Verbrugge, City Administrator FROM: Andrew J. Brotzler, P.E., City Engineer oll/ DATE: May 19, 2003 RE: Supplemental Information Item ILb Vesterra Mining EAW Please find attached the following additional information with regards to the EAW for the proposed Vesterra Mining operation: Memorandum from Andi Moffatt with WSB & Associates, Inc. 2. Draft memorandum to review agencies dated May 16, 2003. 3. Findings of Facts and Conclusions. 4. Resolution Issuing a Negative Declaration of Need. Andi Moffatt with WSB & Associates, Inc. will be in attendance at the Council meeting to address specific questions or comments with regards to the EAW. Based on the comments received and the responses to those comments, Staff is recommending that Council take action to issue a Negative Declaration of Need for an EIS. Should Council take the above noted action, the next step for the applicant will be to submit a mining application. As part of this application process, the Planning Commission will conduct a public hearing. Upon the completion of a public hearing by the Planning Commission, a recommendation from the Planning Commission will be brought forth to the City Council. Should you have questions or comments, please do not hesitate to contact me at 651.322.2025. Cc: Rick Pearson, City Planner GAENGPROJ\Vesterra Mininglccmemo.051901doc A WS B cPc rLracx:iate�, lrx:. Memorandum To: Honorable Mayor and City Council City of Rosemount From: Andi Moffatt, Biologist WSB & Associates Date: May 16, 2003 Re: Vesterra, LL Sand and Gravel Mine Environmental Assessment Worksheet WSB Project No. 1005 -70 The public comment period for the Vesterra, LLC Sand and Gravel Mine Environmental Assessment Worksheet (EAW) ended May 14, 2003. The purpose of the EAW is to identify potential environmental impacts and determine whether or not an Environmental Impact Statement (EIS) is required. An EIS is a more extensive environmental review process. Determining whether or not an EIS is needed does not relate to providing approval or denial for the project. Based on the information in the EAW and review agency comments regarding the EAW, the gravel mine does not have the potential for significant environmental impacts that cannot be addressed as part of the permitting process. Therefore, it is our recommendation that an EIS is not required Enclosed, please find the following items for your review relating to this EAW: • • • • Draft memo dated May 16, 2003 to the review agencies responding to comments received on the EAW (hereby referred to as the comment /response memo). This memo restates the agencies'comments and then responds to each issue. • • • • The Findings of Fact on the need for an Environmental Impact Statement (EIS). •• • • A copy of the agencies' comment letters. ... • Draft resolution relating to a Negative Declaration of Need. May 16, 2003 Page 2 Summary of Major Comments As part of the public comment period, comments were received from the Metropolitan Council and Department of Transportation. Outlined below is a brief summary of only the major issues provided in the review agency comments: 1. The Metropolitan Council encourages the City to take into consideration tree preservation, creating a more natural landform appearance upon final grading of the site, and planting native grasses as part of the end -use plan. 2. Mn/DOT's concern relates to the truck traffic and its impact on the TH52 and 117 interchange construction in Inver Grove Heights as well as needed right turn lanes at County Road 71 and 117 Street. These issues can be addresses through the permitting process and developer's agreement. City Council Decision Action The decision before the City Council regarding the EAW is to decide whether or not the project has the potential for significant environmental impacts that cannot be addressed through the permitting processes. If the Council determines that the project does not have the potential for these significant environmental impacts, the Council should issue a Negative Declaration of Need for an EIS. If the Council determines that the project does have the potential for significant environmental impact that cannot be addressed through the permitting and approval process, the Council should require an EIS. Based on our review, it is our recommendation that an EIS is not needed for this project. If you have any questions, please feel free to call me at (763)287 -7196. C. Andy Brotzler, P.E., City of Rosemount Rick Pearson, City of Rosemount Bret Weiss, P.E., WSB & Associates, Inc. Jonathan Wilmshurst, Vesterra, LLC F: I WPWIN11005- 701051 5 03 hmcc. doc A WSB A A,Arx:iUfM, I1W. To: Phyllis Hanson, Metropolitan Council Mary McNeff, Mn/DOT — Waters Edge From: Andi Moffatt, WSB & Associates, Inc. Date: May 16, 2003 Re: Responses to Comments Vesterra, LLC Sand and Gravel Mine EAW WSB Project No. 1005 -70 Memorandum The public comment period for the Vesterra, LLC Sand and Gravel Mine Environmental Assessment Worksheet (EAW) ended May 14, 2003. Comments were received from the Metropolitan Council and Department of Transportation. Outlined below, please find the comments from each agency followed by responses to these comments. The comment letters are also attached for your information. Comments from Metropolitan Council Comment #1: The project proposes a sand and gravel mine that will be operated by Vesterra, LLC and provide construction aggregates for the Twin Cities area. The mine would include a crushing, washing, and screening plant. The proposed mine location is in an agricultural area immediately south of the Flint Hills Refinery in Rosemount. Council staff review finds that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies.. An EIS is not necessary for regional purposes. Response: No response is necessary. Comment #2: Item 10. Based on aerial photography and EAW text, there are mature trees located on old farmsteads and other scattered locations on the property. The Council encourages preservation of as many trees as possible and mitigation for tree removal according to the City's tree ordinance. Revegetation of the site with native grasses and plantings is encouraged. Response: There are some trees immediately adjacent to the farmhouse and outbuildings. These trees will remain during the mining process to screen operations. Some trees may be removed as part of the end -use plan. However, any May 16, 2003 Page 2 of 2 tree removal will be subject to the City's tree ordinance and revegetation of the site will be addressed through the end -use plan approval. Comment #3: Exhibit 5. The [Council] encourages the proposer to revise the final grading to exhibit a more natural landform appearance. The western most "notch" with steep slopes on three sides, as designed, would be very hard to use for agriculture or to develop with other uses. Response: The City Council will take this suggestion under advisement when reviewing the end -use plan and permitting the project. Comments from MnDOT Comment #1: A significant amount of additional truck traffic from the proposed development will need to gain access to Trunk Highway (TH) 52, most likely at I I7` Street East. TH52 is an Interregional Corridor, and construction of the 117` Street East Interchange, to replace the current signal - controlled intersection, will begin during the Spring and Summer of 2003, and is likely to continue until some time in 2004. Although the intersection will remain in service as much as possible, construction will degrade the level of service for the intersection. The likely result is that trucks from the development will need to seek alternate accesses to TH52, including signage, meeting with Mn/DOT, meeting with management of the proposed gravel mine, etc. In addition, please describe any plans the City has for arranging for the addition of Right Turn Lanes, and/or facilities to improve the flow of traffic through the TH52 -117` Street East intersection, while the interchange is being constructed. For questions on Mn/DOT participation in efforts to guide truck traffic to alternative accesses to TH52, or for requirements on adding turn lanes, please contact Nancy Daubenberger, Area "C" Engineer at (651)582 -1379. Response: The City is aware of the pending TH 52 at 117` Street construction activities. The City has been and will continue to work with Mn/DOT and Dakota County on any required detours. The developer will work with all impacted agencies in detouring truck traffic to the TH 52 at CSAH 42 interchange during construction. The City of Rosemount will work with the Mn/DOT, Dakota County and the City of Inver Grove Heights on the development of Right Turn lanes at the C.R. 71 and 117` Street intersection. This improvement will be part of the developer's agreement between the City and Vesterra LLC. This concludes our responses to comment on behalf of the City. If you have any questions, please feel free to contact me at (763)287 -7196. C. Andy Brotzler, P.E., City of Rosemount Rick Pearson, City of Rosemount Bret Weiss, P.E., WSB & Associates, Inc. Jonathan Wilmshurst, Vesterra, LLC F: I WPWIM 1005- 701051403CRmemo. doc CITY OF ROSEMOUNT In the matter of the Decision on the Need for an Environmental Impact Statement (EIS) for Vesterra, LLC Sand and Gravel Mine in Rosemount, MN FINDINGS OF FACT AND CONCLUSIONS Vesterra, LLC proposes to operate a sand and gravel mine with a crushing, washing, and screening plant to provide construction aggregates for the Twin Cities Metropolitan area. The 75 -acre site will be located in an agricultural area south of County Road 38 and 0.25 miles west of CSAH 71 /Blaine Avenue. Pursuant to Minnesota R. 4410.43 00, subp. 12, the City of Rosemount has prepared an Environmental Assessment Worksheet (EAW) for this proposed project. As to the need for an Environmental Impact Statement (EIS) on the project and based on the record in this matter, including the EAW and comments received, the City of Rosemount makes the following Findings of Fact and Conclusions: FINDINGS OF FACT I. PROJECT DESCRIPTION A. Project The proposed project involves sand and gravel mining on 75- acres. The mine will remove up to 50 feet of material from the higher ground covering all but the east end of the property. A washing operation on site will require the use of a well and a two -stage settling pond system. The duration of the operation is expected to be approximately 10 years and assumes a production rate of approximately 500,000 tons annually. The ultimate end -use plan for this property will depend on zoning in the area as determined by the City. B. Project Site The proposed project is located within a 75 -acre area south of County Road 38 and 0.25 miles west of CSAH 71 /Blaine Avenue within the Section 23, T115N, R19W in the City of Rosemount. This is generally south and west of the Flint Hills refinery. The site currently contains 10 acres of brush/grassland, 63 acres of cropland, and an existing farmhouse. II. PROJECT HISTORY A. The project was subject to the mandatory preparation of an EAW under Minnesota R. 4410.4300 subp. 12. B. An EAW was prepared for the proposed project and distributed to the Environmental Quality Board (EQB) mailing list and other interested parties on April 7, 2003. F:1 WPWINU 005- 701051403FOF. doc C. A public notice containing information about the availability of the EAW for public review was published in the Rosemount Town Pages on April 11, 2003. D. The EAW was noticed in the April 14, 2003 EQB Monitor. The public comment period ended May 14, 2003. Comments were received from the Metropolitan Council and Department of Transportation. Copies of these letters are hereby incorporated by reference. Responses to the comments are also incorporated by reference. III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. Minnesota R. 4410.1700, subp. 1 states "an EIS shall be ordered for projects that have the potential for significant environmental affects." In deciding whether a project has the potential for significant environmental affects, the City of Rosemount must consider the four factors set out in Minnesota R. 4410.1700, subp. 7. With respect to each of these factors, the City finds as follows: A. TYPE, EXTENT, AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS The first factor that the City must consider is "type, extent and reversibility of environmental effects ", Minnesota R. 4410.1700, subp. 7.A. The City's findings with respect to each of these issues are set forth below. 1. The type of environmental impacts and mitigation efforts anticipated as part of this project include: a. Traffic Impacts: The addition of truck traffic on local county roads is anticipated as part of this development. This traffic impact will be reviewed by the County Engineer and City as part of the permitting process. The applicant will cooperate with any mitigation measures brought forward by the County Engineer. Additionally, construction activities at TH 52 at 117 Street are pending. The City will continue to work with Mn /DOT and Dakota County on any required detours. The developer will work with all impacted agencies in detouring truck traffic to the TH 52 at CSAH 42 interchange during construction. The City of Rosemount will work with the Mn/DOT, Dakota County and the City of Inver Grove Heights on the development of Right Turn lanes at the C.R. 71 and 117 F:1 WPWINI1005- 701051403FOF.doc Street intersection. This improvement will be apart of the developer's agreement between the City and Vesterra LLC. b. Noise and Dust: All operations will be conducted in a professional manner and will fall within state guidelines. The applicant will work closely with the two neighbors that may be impacted by these operations to ensure that problems are addressed in a timely manner. It is intended to locate the processing plant and associated activities as far back into the hillside as practical to maximize the screening. c. Visual Impacts: Berms and plantings wilt be used to screen those parts of the operation that are open to view. However, the activities will be surrounded on three sides by the natural landscape, resulting in a relatively low visual impact as far as the general public in concerned. d. Storm Water: The project is anticipated to generate some additional storm water runoff. This runoff will be treated within on -site ponding facilities to reduce the runoff rate leaving the site and provide for storm water quality treatment. 2. The extent and reversibility of environmental impacts are consistent with those of a mining operation. B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS The second factor that the City must consider is the "cumulative potential effects of related or anticipated future projects ", Minnesota R. 4410.1700 subp.7.B. The City's findings with respect to this factor are set forth below. 1. The City of Rosemount recently approved mining as an interim use in the area east of Akron Avenue, south of 135 Street, north of County 42 and west of County 71, with the exception of properties covered under the Agricultural Preserve Program. The proposed Vesterra sand and gravel mine is located within the approved mining area. No other gravel mining or other development is currently proposed in the vicinity of the Vesterra mining operation. The gravel mining use is consistent with the surrounding area. F. I WPWIIV 11 005- 70105 1 4 03FOR doc C. THE EXTENT TO WHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY 1. The following permits or approvals will be required for the project: Unit of Government Permit/Approval Required Rosemount Mine permit Rosemount WCA permit (if applicable) MPCA NPDES permit MPCA Air permit MDNR Water appropriations Dakota County Highway Traffic review Dakota County Highway Posting ruling on CSAH 71 Mine Safety and Health Administration Mine registration 2. The City finds that the potential environmental impacts of the project are subject to mitigation by ongoing regulatory authorities such that an EIS need not be prepared. 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, OR OF EISs PREVIOUSLY PREPARED ON SIMILAR PROJECTS. The fourth factor that the City must consider is "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, or of EISs previously prepared on similar projects," Minnesota R. 4700.1700, subp. 7.D. The City's findings with respect to this factor are set forth below: The proposed project is subject to the following plans prepared by the City: 1. City of Rosemount Comprehensive Plan 2. City of Rosemount Comprehensive Stormwater Management Plan The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes. F: I WPWIN11005- 701051403FOF.doc CONCLUSIONS The preparation of Vesterra, LLC Sand and Gravel Mine EAW and comments received on the EAW have generated information adequate to determine whether the proposed facility has the potential for significant environmental effects. The EAW has identified areas where the potential for significant environmental effects exist, but appropriate measures have or will be incorporated into the project plan and/or permits to mitigate these effects. The sand and gravel mine is anticipated to comply with all City of Rosemount standards and review agency standards. Based on the criteria established in Minnesota R. 4410.1700, the project does not have the potential for significant environmental effects. Based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. An Environmental Impact Statement is not required. F. I WPWIMI005- 7M051403FOFdoc CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2003 — A RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED WHEREAS, the preparation of the Vesterra, LLC Sand and Gravel Mine EAW and comments received on the EAW have generated information adequate to determine whether the proposed mine site has the potential for significant environmental impacts; and WHEREAS, the EAW has identified areas where the potential for significant environmental effects exist, but appropriate measures have or will be incorporated into the project plan and/or permits to reasonably mitigate these impacts; and WHEREAS, the Vesterra, LLC Sand and Gravel Mine is expected to comply with all the City of Rosemount and review agency standards, and WHEREAS, based on the criteria established in Rosemount R.4410.1700, the project does not have the potential for significant environmental effects; and WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. NOW THEREFORE BE IT RESOLVED, the City of Rosemount has determined that an Environmental Impact Statement is not required. ADOPTED this 20` day of May, 2003. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Voted In Favor: Second by: Voted Against: - WSB A 1k & AurwiaiKh Imr, To: Lynn Moratzka, Dakota County Planning From: Andi Moffatt, WSB & Associates, Inc. Date: May 20, 2003 Re: Responses to Comments Vesterra, LLC Sand and Gravel Mine EAW WSB Project No. 1005 -70 Memorandum The public comment period for the Vesterra, LLC Sand and Gravel Mine Environmental Assessment Worksheet (EAW) ended May 14, 2003. Comments were received from the Metropolitan Council and Department of Transportation. Responses to the comments from the Metropolitan Council and Mn/DOT were provided in a separate memo dated May 16, 2003. Comments were received on May 16 from the Dakota County. Responses to these comments are outlined below. Comments from Dakota County Planninz Comment #1: Item 8 — Permits and Approvals. An access permit will likely be needed from Dakota County for CR38 or CSAH 71. Response: It is noted that an access permit from Dakota County for CR 38 or CSAH 71 may be needed for this project. The applicant will be responsible for obtaining all necessary permits. Comment #2: Item 13 - The EAW indicates that washing operations will use an estimated 4 to 5 million gallons of water per year, that some wash water will be recycled, and the bulk of the water used will be well water. The direction of groundwater flow in the proposed project area is to the northeast, towards the Pine Bend area. The Darsow well is located about 2,000 feet upgradient of the proposed well for the wash plant. The Kraft well is located about 800 feet upgradient. Because of the fractured and cavernous nature of the Prairie du Chien group dolostones in the area, the proposed well may interfere with the withdrawal of the groundwater by one or both wells and may substantially lower the water tables - especially if drought conditions prevail. The EAW and the Minnesota Department of Natural Resources Groundwater Appropriation Permit application should address what contingencies are planned in the event that well interference, groundwater depletion, or groundwater pollution occur. May 20, 2003 Page 2 of 4 Response: It is noted that the residences adjacent to the proposed gravel mining operation are between 800 to 2,000 feet upgradient of the site and that the County believes that these wells have the potential to be affected by the pumping operations of the gravel mine. This project is subject to permitting and review by the City. The project is also subject to permitting review for the well from the DNR. Therefore, this issue will be addressed through these permitting processes. Comment #3: Item 13 - Because wash water will be recovered and combined with well water for processing of aggregate, the EAW should address how the project will safeguard the well water from the possible back - siphonage and backflow of the reused water that is combined with the well water in the wash water supply system. Response: Hazardous materials that could contaminate groundwater are not anticipated to be on the site. Further, the City will investigate the potential for groundwater contamination through the permitting process. If it appears that contamination of the groundwater from the wash water is possible, a liner for the ponding area will be required. Comment #4: Item 17 - Drainage diversions, berms, and two settling ponds will be the primary storm water controls. The settling ponds will also be used for wash water from the processing of aggregate. Each pond will hold an approximate volume of 112,000 to 188,000 gallons, about one week's output of wash water. The EAW does not address the expected volumes of water that will be handled separately by evaporation, groundwater infiltration, and reclamation of wash water. It appears that the project will rely upon groundwater infiltration through the floor of the ponds for the bulk of the plant's water use. Storm water that is not detained on -site will likely infiltrate to the groundwater aquifers on the adjacent properties. The EAW does not address the quality of surface water that is generated on or leaving the project site. The EAW also does not discuss the prevention and control actions needed to handle the suspended solids generated from the wash operation, or the possible use of chemical surfactants. In particular, the use of surfactants will suspend arid solubilize any solids or contaminants that are generated from leaks and spills. If the soluble contaminants infiltrate to the groundwater, they will degrade the quality of the groundwater. Response: The storm water ponds on site will be required to meet City standards for both water quality and quantity. These requirements include treating runoff to NURP guidelines, providing infiltration, and limiting the peak discharge rate to 0.05cfs /acre for the 100 -year, 24 -hour storm event. Through the permitting process, the design of the proposed ponds will be reviewed and required to meet City standards. Additionally, if during the permitting process it is determined that contamination of the groundwater is possible, lining for the ponds will be required. A: W51403Countymemo.doe May 20, 2003 Page 3 of 4 Comment #5: Item 19 - The EAW does not identify the fact that Rich Valley is a covered karst valley. There are approximately 50 feet of outwash sand and gravel sediments that overlie the fractured and cavernous Prairie du Chiens's dolostones and sandstone. These sediments offer no barrier to the rapid infiltration of surface water. Along the length of the valley, there is no permanent surface stream. Stormwater runoff does not last long because of the significant number of shallow, sediment - covered closed depressions which act as subsidence sinkholes. Groundwater beneath Rich Valley is already impacted by residential, agricultural, commercial, and industrial sources of pollution in the area of the proposed project (see section 20b below). The EAW should discuss the precautions and measures that will be included in the project design, construction methods, and long -term maintenance for the diversion, drainage, ponding, sedimentation, subsurface infiltration and groundwater infiltration of surface water runoff, to prevent environmental pollution and to protect public health and safety. Response: The City notes that the project site is a covered karst valley. Infiltration rates of the soils within the area are very high. As stated in the response to Comment #4, the City will review the storm water plan for the site and require changes as necessary to accommodate the surface water and prevent groundwater contamination. Comment #6: Item 20 — All solid wastes generated by the proposed project must be properly disposed in a State - permitted, Dakota County licensed solid waste facility or a similarly regulated facility elsewhere. No hauling back of demolition concrete, asphalt and other construction materials to the aggregate mine for storage, recycling, or reuse will be allowed — unless first approved by Dakota County. Response: The applicant will be required to conform to all City and County regulations. Comment #7: Item 28 — CSAH 71 (Blaine Avenue) currently has a 5 -ton per axle load limit all year long. The 5 -ton posting will limit truck loading to less than 20 tons per truck. CSAH 71 may need to be strengthened to allow higher axle loading. County Road 38 (135 Street) is a gravel road and is not designated at all for such loads, unless it is also strengthened and paved. Dakota County may need to permanently post this road a 5 Ton if the loads damage the roadway. According to our maintenance unit, this section of roadway is a poor road that is one of the first to fail in the spring. Considerable work may be necessary both roadways before this traffic can be permitted. The necessary road improvements are not planned or funded at this time. The only way to move forward is to make the necessary improvements a part of the project activity. Dakota County must have these roadway issues resolved before development proceeds further. The turn lanes should be noted as necessary initially if the roads can be made to handle the loads. The need for right turn lanes on CR 38 at CSAH 71, CSAH 71 at 117` Street and A: W51403Countymemadoc May 20, 2003 Page 4 of 4 CSAH 71 at CSAH 42 should be monitored as hauling operations begin. Vesterra should be responsible to contribute toward the cost of constructing the turn lanes, if aggregate operations contribute significantly to the need. Response: The City, applicant, and the County will continue to work together to address the load limits and turning lane issues associated with CSAH 71 and CR 38. These issues will need to be resolved prior to approval of a mining permit and can be addressed through the permitting process. The turn lane improvements will be part of the permit requirements for the mining operation. See also response to Mn/DOT comments in the memo dated May 16, 2003. Comment #8: Item 28 — The interchange at TH52/117"' Street is planned for construction during 2003 -2004. At this time, it cannot be assumed that both ramp intersections will be signalized. Response: If the gravel mining operation begins prior to the completion of the work at TH52 and 117 Street, trucks will be detoured to TH52 at the CSAH 42 interchange. See also response to Mn/DOT comments in the memo dated May 16, 2003. This concludes the responses to County comments on behalf of the City. If you have any questions, please feel free to contact me at (763)287 -7196. Andy Brotzler, P.E., City of Rosemount Rick Pearson, City of Rosemount Bret Weiss, P.E., WSB & Associates, Inc. Jonathan Wilmshurst, Vesterra, LLC A: W51403Countymemo. doc