HomeMy WebLinkAbout9.b. Declaration of the Need to Complete a Mandatory EAW Associated with the SKB Metals Recycling Planned Unit Development
EXECUTIVE SUMMARY
City Council Meeting: June 6, 2017
AGENDA ITEM: Declaration of the Need to Complete a
Mandatory EAW Associated with the SKB
Metals Recycling Planned Unit
Development
AGENDA SECTION:
New Business
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 9.b.
ATTACHMENTS: Resolution Requiring an EAW to be
Prepared and Extending the 60-day Rule
for SKB Environmental; Total Excavated
Area Map; MN Environmental Rules
Excerpt
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to adopt a Resolution declaring a mandatory EAW for
the SKB Metals Recycling PUD project.
SUMMARY
The City Council is being asked to adopt a resolution documenting the need for SKB Environmental to
complete an Environmental Assessment Worksheet (EAW) associated with a Planned Unit Development
(PUD) application that was recently submitted to the City. Due to the nature and extent of the grading and
excavation work proposed, the project exceeds the threshold for a mandatory EAW.
BACKGROUND
The City of Rosemount received an application from SKB Environmental for a Planned Unit Development
(PUD) Master Development Plan, PUD Final Site and Building Plan and Simple Plat associated with a
proposed metals recycling operation and maintenance facility that was deemed complete on March 28, 2017.
The Planning Commission reviewed the request at its April 25, 2017 meeting, but tabled taking action on the
application due to the numerous questions and concerns that had been raised by staff and during the course
of the public hearing by Planning Commissioners. In response to these concerns, staff spent additional time
reviewing the applicant’s grading plan, and in particular, more closely examining the extent of the proposed
grading and excavation work associated with the project.
Based on the proposed plans and other information provided by the application, staff determined that the
project requires a mandatory EAW due to the size of the area to be disturbed and the depth to which
minerals will be excavated from the site. The relevant section of the State’s Environmental Review Rules
is attached for information. The rules specifically note that an EAW is required for: “For development of a
facility for the extraction or mining of sand, gravel, stone, or other nonmetallic minerals, other than peat,
which will excavate 40 or more acres of land to a mean depth of ten feet or more during its existence, the
local government unit shall be the RGU.” According to staff’s calculations, the SKB project will excavate
over 47 acres of land to a mean depth of 30.5 feet, and therefore exceeds the minimum threshold for
environmental review. Staff discussed the project with Environmental Quality Board staff who agrees
with the need for an EAW. Specifically the EQB response was, “projects that meet or exceed the
threshold of the subpart, regardless of the project’s purpose must complete an EAW (MR 4410.4300,
subpart 1). The purpose of the EAW is to assess the environmental effects which may be associated with
a proposed project, including the effects associated with construction and operation.”
2
Based on the mandatory EAW determination, under State law the City’s requirement to complete
application review within 60/120 days is stayed (suspended) pending completion of the environmental
review. The City had already notified the developer that it was extending its review to the full 120 days;
however, the attached resolution also clarifies the status of the City’s review with regards to the 60-day rule.
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution documenting the need for an EAW.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017 -
A RESOLUTION REQUIRING AN EAW TO BE PREPARED
AND EXTENDING THE 60-DAY RULE
WHEREAS, the City of Rosemount (“City”) received an application (“Application”) from SKB
Environmental, Inc., 251 Starkey Street, St. Paul, MN (“Applicant”), requesting a Planned Unit
Development (PUD) Master Development Plan, PUD Final Site and Building Plan and Simple Plat
associated with a proposed metals recycling operation and maintenance facility (“Project”) on
property legally described in the attached Exhibit A (“Property”); and
WHEREAS, on April 25, 2017, the Planning Commission of the City of Rosemount held a public
hearing and reviewed the PUD Master Development Plan, PUD Final Site and Building Plan and
Simple Plat and tabled taking action on the request due to issues and concerns raised during the
public hearing; and
WHEREAS, as part of its review, the City considered the State of Minnesota Environmental
Review Rules and consulted with the Minnesota Environmental Quality Board to determine if the
Project met the threshold for a mandatory Environmental Assessment Worksheet due to the extent
of grading and excavation activity proposed; and
WHEREAS, the City finds and determines as follows with respect to the Project:
a. The applicant currently operates the SKB Environmental landfill on the property adjacent to
the Project site and is proposing to expand its metals recycling operation to the Property in
accordance with development plans submitted with the Application;
b. The Application was deemed complete on March 28, 2017;
c. The Application includes a request to mine the Property for two years and remove
approximately 2,000,000 cubic yards of material from the site.
d. The total area proposed for excavation is 47.8 acres in size.
e. The mean depth of the proposed excavation is 30.5 feet.
f. Under Minnesota Rules, part 4410.1000, subpart 12, the “development of a facility for the
extraction or mining of sand, gravel, stone, or other nonmetallic minerals, other than peat,
which will excavate 40 or more acres of land to a mean depth of ten feet or more during its
existence” requires an environmental assessment worksheet (“EAW”) to be completed;
g. The City determines that the Project as proposed in the Application exceeds the threshold
for a mandatory EAW.
RESOLUTION 2017-
2
NOW, THEREFORE, BE IT RESOLVED, by Council of the City of Rosemount as follows:
1. The Applicant is hereby required to prepare an EAW for the proposed Project in accordance
with the applicable laws.
2. The City shall serve as the responsible governmental unit (“RGU”) for the purposes of the
EAW.
3. The time limit for the City to act on the Application is extended to 60 days after completion
of the EAW process as determined by the RGU.
4. The City Attorney is directed to send the Applicant notice of the required EAW and the
extension of the 60 day rule.
ADOPTED this 6th day of June, 2017, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk
Exhibit A
EXISTING PARCEL DESCRIPTIONS:
PID: 34-02000-82-010 AND 34-02900-20-020
That part of the Southeast Quarter of Section 20, Township 115, Range 18, lying south of State Trunk
Highway No. 55, and west of the plat of Pine Bend Development Co. 1st Addition, except the following
parcels:
1. That part of the Northwest Quarter of the Southeast Quarter of Section 20, Township 115,
Range 18, described as follows: Beginning at a point on the quarter section line of said Section
20, a distance of 330 feet south of the intersection of said quarter section line with the southerly
edge of Trunk Highway No. 55; thence northerly along said quarter section line to the center of
said Truck Highway No. 55; thence southeasterly along the center line of said Trunk Highway No.
55 a distance of 660 feet to a point; thence southerly and parallel with said quarter section line
to a point 330 feet south of the southerly edge of said Trunk Highway No. 55; thence westerly to
the place of beginning.
2. That part of the Northwest Quarter of the Southeast Quarter and the Southwest Quarter of the
Southeast Quarter of Section 20, Township 115, Range 18, described as follows: Beginning at a
point in the center of State Trunk Highway No. 55, which point is 660 feet southeasterly along
the center line if said highway from the point where the north and south quarter section line to
a point 330 feet south of the southerly edge of said highway, measured along a line parallel with
said quarter section line; thence northerly and parallel with said quarter line to the center of
said highway; thence northwesterly along the center line of said highway to the place of
beginning.
Together with:
That part of the West Half of the Northeast Quarter of Section 29, Township 115, Range 18, lying north
of Ehlers Path.
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Excavated Area
Existing Contours
10-Foot
2-Foot
0 250Feet¯Total Excavated Area MapSKB Rosemount LandfillCity of Rosemount Document Path: K:\02235-150\GIS\Working\GIS_Map_Figures.mxd Date Saved: 5/15/2017 2:44:48 PM1 inch = 250 feet
Total Excavated Area: 47.8 Acres
Smallest Cut: 2ft
Largest Cut: 59 ft
Mean Cut: 30.5 ft
57
NONMETALLIC MINERAL MINING
Mandatory EAW 4410.4300, subpart 12
A. Development of a facility for the extraction or mining of peat which will result in the
excavation of 160 or more acres of land during its existence, DNR
B. Development of a facility for the extraction or mining of sand, gravel, stone, or other
nonmetallic minerals, other than peat, which will excavate 40 or more acres of land to a
mean depth of ten feet or more during its existence, local governmental unit
C. [new category, added 2009] Development of a facility for the extraction or mining
of sand, gravel, stone, or other nonmetallic minerals, other than peat, which will
excavate 20 or more acres of forested or other naturally vegetated land in a sensitive
shoreland area or 40 or more acres of forested or other naturally vegetated land in a
nonsensitive shoreland area, local governmental unit
______________________________________________________________________
Mandatory EIS 4410.4400, subpart 9
A. Development of a facility for the extraction or mining of peat which will utilize 320
acres of land or more during its existence, DNR
B. Development of a facility for the extraction or mining of sand, gravel, stone, or other
nonmetallic minerals, other than peat, which will excavate 160 acres of land or more to
a mean depth of ten feet or more during its existence, local governmental unit
C. [new category, added 2009] Development of a facility for the extraction or mining
of sand, gravel, stone, or other nonmetallic minerals, other than peat, which will
excavate 40 or more acres of forested or other naturally vegetated land in a sensitive
shoreland area or 80 or more acres of forested or other naturally vegetated land in a
nonsensitive shoreland area, local governmental unit
______________________________________________________________________
Exemptions
None
______________________________________________________________________
Notes
EAW and EIS item B categories require a mine to be both at least 40 (or 160) acres in
extent and of 10-foot average depth. Thus, for example, a 20 acre mine with a mean
depth of 20 feet would NOT require an EAW.
58
Because mining activities tend to concentrate in specific areas and occur in stages over
time, issues relating to phased actions, connected actions, and cumulative potential
effects frequently arise. Consult Chapter 2 for guidance on how to deal with these
situations.
Shoreland means land located within the following distances from public water: 1,000
feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a
river or stream, or the landward extent of a flood plain designated by ordinance on a
river or stream, whichever is greater. The limits of shorelands may be reduced
whenever the waters involved are bounded by topographic divides which extend
landward from the waters for lesser distances and when approved by the commissioner.
Sensitive shoreland areas include any of the following:
Shoreland designated as a special protection district by the local unit pursuant to
part 6120.3200
Shoreland of lakes, or bays of lakes, classified as natural environment pursuant
to part 6120.3000
Shoreland of trout lakes and trout streams designated pursuant to part
6264.0050
Shoreland of wildlife lakes designated pursuant to Minn. Stat., sec. 97A.101,
subd. 2
Shoreland of migratory waterfowl feeding and resting lakes designated pursuant
to Minn. Stat., sec. 97A.095, subd. 2
Shoreland of outstanding resource waters designated pursuant to part
7050.0180.