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HomeMy WebLinkAbout9.k. Bituminous Materials, Inc. Sand & Gravel Mining Proposal EAW 4 . /�.� �' � • � • F c� tac��. r,,n � � �.�1�1� (7� � � :�r3;s� i.ir,n�� ��.a ��� � _ ��5�����-f�� iic��;t r.n�?tiNa. ti�iNriF ;�,i,� � ,��r>; �,i.� �a,�:�-�.i�i TO: CITY COUNCIL FROM: M[CHAEL WOZNIAK, CITY PLANNER DATE: [3ECEMBER I5, 198R SUBJ: t)ECEMBER 20, �988 REGULAR MEETIN(. REVtEWS BITUMINCIUS MATERiAt,5,iNC.EN VIR�NM�NTAL ASSESSMENT Wt)RKSHE�T The Gity, acting as the Regulating Goverc�mental Unit, has circulated an Enviromental �4ssessment Worksheet to the reqnired lacal, state and regional agencies; far a proposed Sand and Gravel Minin� C�perati�n on an $0 acre site located immeadiately south of Solberg Aggregate, tnc. on 'T.H. 56. The property is owned by M.G. Astieford and will be leased by Bituminous Roadways, Inc. oE' Fairbanit. Enclosed with this review is a copy of the EAW which thoroughly explains the pr�posal. The 30 day comment and review period ended November 30, 19�i8, and it is required ihat City Council make a decision at khe December �Dth mec[ing as to the need for an Environmental Impact Statement. Included ���ith this review <!re copi�s of comments recieved from other governmental agencies and a co�y o( a Resolution Establishing a Negative Declaration for the EAW. On the basis of comments recieved from other governmental agencies atid City Staff Review I would recommend that requiring an Environmental Impaci 5tatement is not warranted for the BMI Proposal and would recommend that Councii approve the Negative Declaratinn as c�xafted. + ' . � � CITY OF RQSEMOUNT RESOLUTiON 19$A- `� A RESOLUTION ESTABLISHING A NEGATIVE DECLARATION Ft1R BITUMiNOUS MATERIALS, II�TC. PLANT NO. 2 ' ENVIRONMENTAL ASSESSMENT WnRKSHEET (EAW) ' WHEREAS, notice of the EAW availablity for Bituminous Materials, Inc. Plant No. 2 was published in the EOB Monitor an October 31, 198$; and WHEREAS, notiee af the EAW availabifity was published in the City's Official Newspaper; and � WHEREAS, the thirty-day EAW review period ended on November 30, 1988; and WHEREAS, the EAW was reviewed at a public meeting on December 20, 1988. ; NOW THEREFORE BE IT RESOLVED, the City Cauncil o! the City �f R�semount hereby makes a Negative Deciaration for Bituminous Materials, Inc. Planl No. 2 EAW, based upon the foltowing Findings of Fact: 1. The EAW content was adequate for review. 2. There were no recommendations for further environmental review. 3. The City will closely manitor acitivities associated �vith the �roject which may require additional permitting through the Minnesota Pollution Control Authority as cited in that agency's comments to the EAW dated November 29, I988. These activities inctude on-site crushing of sand and gravel, and fuel oil storage. 4. The City of Rosemount cancurs with the cotnrnent by the Metropatitan Council on the EAW dated November 15, 1988 that an additional niedian break on T.H. 56 is inconsistent with the C�uneil's functional ctassification criteria for metropolitan highways, and should not be permitted. It is recognized that City of Rosemount Staff have met with Minnesota Department of Transportation (MNDQT) Sta[�f to determine what type aceess shall be allawed to T.H. 5fi. lt sha(i further t�e recognized that City Staff and MNDOT Sta[f were in agreemcrit that any permit or design restrictions placed upon access to Ehe site in question shall restrict access to the sou#h bound lanes of T.N. 56 (right-in/right-out) with no median cut being allowed and that MNDOT shall take further action to restrict traffic generated from the site from making a U-turn at the T.H, S6/County Road 38 intersection. 5. It is recognized that [he City of Rosernount concurs with the comment by the Minnesota Department of Natural Resources dated Deceml�cr 7, ' 1988, which states the fo}lowing: "We think it would t�e desirable from a water quality perspective to construci a detention �ond in the southeast corner of the site to control stormwaxer runoff fram the area. The pond eould be shall with an irregular shoreline to provide some wi}dli[e habitat' as well." The City shall place eonditions u�►on the mining permit to be issued for the site to require the creation of such ' a detention pond. � • 6. No potential for significant adverse environmental impacts are associated with the project. � �-- Adopted this 20th day af I)ecember, 1988. ' � Rollan Hoke, Mayar ATTEST: Stephan Jilk, Administrator/Clerk ! i � i ( i i I � � i � � e • • Minnesota Pollution Control Agency November 29, 1988 Mr. Mike Wozniak City Planner City of Rosemaunt 2875 145th Street West Rosemount, Mirinesota 55068 Dear Mr. Wozniak• Re: Bituminous Materials, Inc. (BMI) Plant No. 2 The environmental assessment worksheet (EAW) on the referenced project has }aeen reviewed by staff of the Minnesota Pollution Control Agency (MPCA) . Based on the information contained in the EAW, "it appears that the potential for adverse environmental effects from the project has been adequately identified and wil.l be addressed by appropriate mitigative action. Therefore, the preparation of an environmental impact statement does not appear warranted. However, we would make these comments. First, the EAW indicates that the plant will operate 600'hours/year. However, it shauld be ncated that the operating parameters contained in fi:he MPCA Diuision of Air Quality (DAQ) permit for this facility will allow 1820 hours/year. Thus, the possibility exists that the surplus 1200 hours/year could be used for other activities, such as the decontamination of contamznated soil. Althaugh the proposer has not set any such proposal befare us for review, such activities may be appropriate and are not precluded by DAQ perrnits. The DAQ permit may also not cequire a £ugitive dust control plan since the proposed sand arld gravel extraction level af 140,000 tans/year is beiaw the DAQ rule exemption limit o€ 150,000 tons/year. The Company has not submitted a permit a�plieafic�n and supporting data for review by the MPCA, so a permit requirement for the crushing operation has not been determinable. The year of manufacture af the crushing equipment is not known; therefore, new souree review per 40 CFR 60 ' Subpart OOO cannot be established. If you have any questions pertaining to air quality matters, you may contact Mr. John Ferman of the DAQ at 612-296-7604. The MPCA DAQ permit will not provide for fuei oil storage (ref. Item #11) . If above-ground storage tanks are to be installed a permit will need to be issued by the MPCA Division of Hazar.dous Waste (contact: Mr. Roger Stead, 612-296-7957) . Based on the information pravided, no Nationai Pollutant Diseharge Elimination System/State Disposal system (NPDES/SDS) permit wauld be required from the MPCA Division af Water Quality. Phone: __ ,_. ___ --- 520 Lafayette Raad, St. P�ul, Minnesota 55155 Regionai Offices •Du4u#hiBrainerdlE�troii lakeslMarshalilRochester Equal Qpportunity Empioyer * - � � Mr. Mike Wozniak , Page 7�ao ' Thank you for the opportunity to review the EAW. If you have any questians, please contact Craig N. Affeldt at 612-296-7796. 5incerely, , C� �"�.�:.�t..�..a, Cli.� � d T. Anderson Di e or Office of Planning and Review CTA/CNA:mfl cc: Mr. �7erry Starkey, Dah.lgren, Shardiow, & Uban, Inc. Bituminous Materials, Inc. ,. 4�.. . . . . . . � �. . � . � � " � � � � . . .. .. � . .. . �� . . . �. . � � � � � � . �� � �. . . . � . � . . .. . . . . . . . � . . . . . . . . . . . .. . . 1 . . � . . . ... . . . . . . . . . � . . . � . i . .. .. . . . . . . � .. . . . � � . . -� . � . . . . . . � .� � . . . .� .. . . .� . .. . . . � . � . .. � . . . � � . . . . . . .I . . . .. . . . . . . � . . .. . . .. . . � � . . . .. . . .. . . . . . . . . . . . � . � . . . . . . �. . ..� .. . � � � . � . ; . � . .. . . . . . � . � . . . � � .. . . , � � . �. . . . . � . . . . . . . . � . .. . . � . . . � � . � . � . . � . . . . . . .� � . � . � � � � . .. . . .. . . . . � . � . . i � i ' • n � � � METROPOLITAN COUNCIL �rears Park c�n�re, 230�a.s� F�hh str�er, sr. PaUr, MN. 55101 61Z 291-�i.;5�1 November 1S, 198$ Mike Wozniak, City Planner City of Rosemount 2875 145th Street West , Rosemount, MN 55068 RE: EAW Bituminous Materials Ine. (BMI) Plant No. 2 Metrapolitan Couneil District 16 Dear Mr. Wozniake Council staff has conducted a preJ.iminary review of this environmental assessment work sheet to determine its adequacy and accuracy in addressing regional concerns. The staff review has concluded that the EAW is complete and aecurate with respeet to regional concerns and raises no ma3or issues of cansistency with Couneil palicies. An EIS is not necessary for regional purposes. : . 5taff notes, however, that TH 56 (52) is a Metro.palitan highway, funetionally classified as an "other principal arteriai." BMI's proposal for a new median break will inerease the number of turning movemen�s and aceess to and from the $ite, thus reducing mobility an the highway. At a minimum, aceess to these arterials should be at high capacity, controlled� at-grade interseetions. An additional median break on TH 56 is inconsistent with the Council's funetional classifieation eriteria for metropolitan highways, and should not be permitted. `, This will conelude the Couneil's review of the EAW. No formal action on the EAW will be taken by the Couneil. If you have any questions or need further , information, please contaet Anne Hurlburt, Couneil staff at 291-6501. Sincerely, Y`"��r �� � U : , Roger Israel , Director i Researeh and Long-Range Planning ; � i RI/kp ; , 3 ce: Patriek Seully� Metropolitan Council Distriet 16 � Kermit MeCrae� District Engi.neer� Mn/DOT John Rutford, Metropc�litan Council Sta.ff � P Anne Hurlburt, Metropolitan Councii Staff � Ann Braden� Metropolitan Council Staff j Jerry Skelton, Mn/DOT Distriet 9 Staff t I . � � ' ' i � STATE OF ar.�c�co��a DEPARTMENT Of NATURAI. RESCIURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA � 55155-40 ONR INFORMATIAN (612) 296-6157 December 7, 1988 Mr. Mike Wozniak City of Rosemount 2875 145th Street taest Rosemount, Minnesota 55068 .i�� � . . . � .. . . . . . . . . . . . : : . . . . . . . . . � ... . . .� . RE: BMI Plant No. 2 Environmental Assessment Warksheet (EAW) ` Dear Mr. Wozniak: , The Department of Natural Resources (DNR) has received the above referenced document and we offer the following comments for your consideration. Ordinarily, an excavation of the extent proposed would require groundwater, pumping which would likely require a DNR water appropriation permit. However, if the test results showing depth to groundw�ter are accurate, groundwater will not be encountered and a permit wil� not be needed. We think it would be desirahle from a water quality. perspective to construct a detention pond in the southeast corner of the site to control stormwater runoff frvm the area. The pand could be shaliow with � an irregular shoreline to provide some wildlife hab3.tat as well. Along with the pond, we recommend planting at least same of the reclaimed area with native grasses and shrubs rather than crops. This type of cover would provide wildlife habitat to replace that which�will' be lost with development of this facility. The "Sod Buster" provisians of the 1985 �'arm Bill may apply to the reclaimaCion plan to establish crops after the mining is completed. Based on the information in the EAW, we do not expect that an environmental impact statement will be needed to evaluate the impacts on naCural resources. Thank you for the apportunfty to revfew this pro�ect: If you have any questions about our connnents, please contact ' Don Buckhout of my staff at (612) 296-8212. Sincerely, , -:...1"���.�. ii,'� �'� ; � Thomas W: Balcom iSupervisor, Environmental Review ; j c: K. Wallace G. Downing - F,QB j R. Lawrenz R. Welfard - U.S.F.W.S. ; L. Reeves J. Starkey - Dahlgren, Shardlow & Ulban, Inc. ` i � gsao�9-i /�N E011AL ORPQRTUNITY EMRIUYER �_ .F. �_nw�..� � � � , M I N N E SaTA H I STQ R I CA L SOC I ETY ' FC)UNDED I N 1849 I t�rt Snc�lling l listc�ry(enlc�r, St. !�tt�l,hiN 5i I l 1 • tb 111 i�(� 1-17 t December 13, 1988 Mr: Michael A. Wozniak � Ci�y of �tosemount , 2875 145th Street taest _ Rosemount, Minnesota �5068 Dear Mr. Wozniak: Rec Bit�inous Materia].s, Inc. Plant rlo. 2 S24, 'T115, R19, N/2 of SE/4; Rosemount, Dakota County ` MHS Referral File Nt�mbers 89-0424 Thank you for pravic�ing this office with the above-referenced EnvironmPntal Assessment Worksheet. We have reviewed the project to determine wk�ether it will affect rEported historical or archaeological prop�rties listed on the rlational Register of Historic Places or in other irnrentories. No properties are r�orted in or in the i.mmediate vicini�y of the praject area. In the al�sence of rq�orted sites, we have alsa evaluated the likelihood that unreported historic or arc�aeologic�.l. �ites may be present in the project area. Such site�, if present, cauld'}ae damaged br destrayed by the proposed work. Although,we cannot state with certainty that there are no signif ic�nt unrEported histori.cal or archaeological sites within the projeet area, we feel that the probabiiity of such sites being �resent is law. This county has been surveyed for significant historical bua.ldi.ngs and other structur�, and none was noted within the project limits. It is also our opinion that the project does r�ot contain the kinds of shoreline and other settings in which prehistoric archaeological sites are typically found. Plea�e note that this camment Ietter does riot address the requi renents ofi• Section 106 of the National Historic Pre�ervation Act of 1966 and 36CFR800, procedures of the Advisory Council on His�oric Preservation for the protection of historic properties. If this project is consiclered for federal assi:�tance, it should be s�mitted to our office with referenee to the assisting fed+eral agency. Tf you have questions regarding this matter, please contact Ted Lofstrom at the address and �elephpne nu�nber on the letterhead, Since re1y, '� //L��-"w`�"`.'" � `�� Dennis A. Gimnestad Deputy State Historic Preseruation Officer DAG:c�nb