Loading...
HomeMy WebLinkAbout9.a. SKB Environmental Assessment Worksheet Response to Comments, Findings of Fact, and Record of DecisionEXECUTIVE SUMMARY City Council Regular Meeting: March 20, 2018 AGENDA ITEM: SKB Environmental Assessment Worksheet Response to Comments, Findings of Fact, and Record of Decision AGENDA SECTION: New Business PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. ATTACHMENTS: Resolution, Record of Decision, Comment Letters APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt a resolution ordering a negative declaration of the need for an Environmental Impact Statement. SUMMARY With the end of the comment period for the SKB Environmental Assessment Worksheet (EAW), the City Council must respond to the comments received and establish findings of fact related to the comments. As part of this process, the Council must also decide on whether or not to require an Environmental Impact Statement (EIS) for the project. The City Council is being asked to approve a response to comments, findings of fact, and record of decision for the SKB Environmental EAW and to adopt a resolution approving the SKB Environmental EAW and finding no need for an Environmental Impact Statement. BACKGROUND The Environmental Assessment Worksheet (EAW) was prepared, published, and distributed by City of Rosemount for the SKB Environmental EAW pursuant to Minnesota Rules, Chapter 4410. The completed EAW was distributed to the Environmental Quality Board (EQB) and persons and agencies listed on the official EQB EAW Distribution List in accordance with Minnesota Rules 4410.1500. The notification was published in the EQB Monitor on January 22, 2018, initiating the 30-day comment period. The 30-day comment period ended on February 21, 2018. The EAW and comments on it have been reviewed in accordance with Minnesota Rules 4410.1700 to determine if the project has potential for significant environmental effects. The attached document includes the Response to Comments for all comments received by the City Rosemount, the Findings of Fact supporting the decision, and the Record of Decision. The purpose of the EAW, comments and comment responses is to provide the record on which the RGU can base a decision about whether an EIS needs to be prepared for a project. EIS need is described in the rules: “An EIS shall be ordered for projects that have the potential for significant environmental effects” (part 4410.1700, subpart 1). An EAW is not to be used to justify a decision, nor do indications of adverse environmental effects necessarily require that a project be disapproved. EAWs are used as guides in issuing, amending, and denying permits and carrying out other responsibilities of governmental units to avoid or minimize adverse environmental effects and to restore and enhance environmental quality (Minnesota Rules 4410.0300, Subp. 3). 9.a. 2 The City of Rosemount received six comments concerning the SKB Environmental EAW within the 30- day comment period, and all are included as part of the attached record and decision making document. None of the comments received indicated the potential for significant environmental impacts as further described in the findings of fact. Staff will send the response to comments to the six respondents in upon approval of the record of decision. CONCLUSION & RECOMMENDATION Based upon the above background information and staff report it is recommended that the City Council adopt the attached document establishing a response to comments, findings of fact, and a record of the decision for the SKB Environmental EAW and adopt a resolution declaring no need for an EIS. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2018- A RESOLUTION ORDERING A NEGETIVE DECLARATION OF THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROJECT SKB ENVIRONMENTAL WASTE EXCHANGE EXCAVATION AND METAL RECYCLING FACILITIES DEVELOPMENT CITY PROJECT 18-09-EAW WHEREAS, pursuant to the Minnesota Environmental Quality Board (EQB) Rules, Chapter 4410, part 4410.1000, Subpart 2, the City of Rosemount as the responsible government unit completed an Environmental Assessment Worksheet (EAW) for SKB Environmental Waste Exchange Excavation project -EAW, and WHEREAS, pursuant to Minnesota EQB Rules, Chapter 4410.4300 Subpart 12, the project meets the thresholds for an EAW for non-metallic mineral mining, and WHEREAS, copies of the EAW were distributed to all persons and agencies on the official EQB mailing list on January 18, 2018, and WHEREAS, notice of availability of the EAW for public review for a 30-day comment period was published in the EQB Monitor on January 22, 2018, and WHEREAS, a press release was published in the Dakota County Tribune on January 25, 2018 to announce the availability of the EAW to interested parties, and WHEREAS, the 30-day comment period ended on February 21, 2018 and all comments received have been considered, and WHEREAS, the EAW, in conjunction with the Findings of Fact and Conclusion, identified permitting and mitigation, that if met, will address environmental effects caused as a result of the project. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rosemount hereby orders a negative declaration of the need for an Environmental Impact Statement for the SKB Environmental Waste Exchange Excavation project-EAW provided that all mitigation measures of the EAW are implemented by the developer as part of the project, and all local, state, and federal environmental regulations are followed and incorporated into the final site plans for the project. Resolution 2018 - 2 ADOPTED this 20th day of March 2018. William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk Record of Decision SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 SKB ENVIRONMENTAL WASTE EXCHANGE EXCAVATION AND METAL RECYCLING FACILITIES DEVELOPMENT EAW City of Rosemount March 13, 2018 Prepared by: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763.541.4800 | wsbeng.com SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 1 I. ADMINISTRATIVE BACKGROUND Pursuant to Minnesota Rule 4410.4300, the City of Rosemount has prepared an Environmental Assessment Worksheet (EAW) for the proposed SKB Environmental Waste Exchange and Metal Recycling Facilities Project. This Record of Decision addresses State of Minnesota environm ental review requirements as established in Minnesota Rule 4410.1700. SKB Environmental is the project proposer for this project. The City of Rosemount is the Responsible Governmental Unit (RGU). The EAW was filed with the Minnesota Environmental Quality Board (EQB) and circulated for review and comments to the required EAW distribution list. A Notice of Availability for the initial EAW was published in the EQB Monitor on January 22, 2018. Notices of Availability and Press Releases were published in the Dakota County Tribune on Thursday January 25, 2018. The public comment period ended February 21, 2018. Comments were received from Dakota County, the Metropolitan Council, the Minnesota Department of Transportation (MnDOT), the Minnesota Pollution Control Agency (MPCA), the State Historic Preservation Office (SHPO), and the Minnesota Department of Natural Resources (DNR). All comments were considered in determining the potential for significant environmental impacts. Summaries of the comments received, and the City of Rosemount’s responses to those comments, are provided in Section III, below. II. FINDINGS OF FACT AND CONCLUSIONS As to the need for an Environmental Impact Statement (EIS) on this 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: A. PROJECT DESCRIPTION SKB Environmental Inc. (SKB) is proposing to excavate 1.4 million cubic yards of sand and gravel from 52 acres of land located adjacent to the existing SKB disposal facility for the purposes of waste exchange, followed by the development of three buildings for processing recyclable metals and one building for maintenance activities. B. PROJECT HISTORY • The project was subject to a mandatory EAW per Minnesota Rule 4410.4300 Subpt. 12B – Nonmetallic Mineral Mining. • The EAW was distributed to the EQB and to the EQB mailing list on January 18, 2018. • Public notices containing information about the availability of the EAW for public review were provided to the Dakota County Tribune for publication in the January 25, 2018 paper. • Hard copies of the EAW were provided for public review at Rosemount City Hall, Trail Library, and the Environmental Conservation Library. • A notice was published for the EAW in the January 22, 2018 EQB Monitor. The public comment period ended February 21, 2018. Comments were received from Dakota County, Metropolitan Council, MnDOT, MPCA, SHPO, and DNR. Copies of these comment letters are hereby incorporated for reference and included in Attachment A. SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 2 C. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. Minnesota Rule 4410.1700, subp. 1, states “An EIS [Environmental Impact Statement] shall be ordered for projects that have the potential for significant environmental effects.” In deciding whether a project has the potential for significant environmental effects, the City of Rosemount must consider the four factors set out in Minnesota Rule 4410.1700, subp. 7. With respect to each of these factors, the City of Rosemount finds the following: 1. MINNESOTA RULE 4410.1700, SUBP. 7.A - TYPE, EXTENT, AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS a. The type of environmental impacts and mitigation efforts anticipated as part of this project include: Zoning and Special Districts – The project area is zoned GI PUD – General Industrial Planned Unit Development. Recycling operations are a conditional use within the GI – General Industrial zoning district. Through either the planned unit development (PUD) or the conditional use permit (CUP) approval process, the City can place appropriate conditions on the operations of the facilities to mitigate any environmental impacts that may arise. Land Use – The City can use its Comprehensive Plan authority to ensure that appropriate uses are located within the proximity of the uses and operations proposed within this EAW. Soil Disturbance and Removal - The project will involve soil disturbance and excavation of approximately 1.4 million cubic yards of sand and gravel. A National Pollutant Discharge Elimination System (NPDES) Construction Stormwater permit will be required and erosion control best management practices (BMPs) such as silt fence, inlet protection, and a stabilized construction entrance will be in place during construction to reduce sedimentation and prevent erosion from the site. The mining and hauling and handling of ash materials for metal recycling operation is already occurring on-site with no complaints from nearby receptors regarding dust. The addition of the three buildings will not result in an increase to the mining intensity over what is currently occurring on-site. Vegetation Removal - Approximately 1.5 acres of trees will be removed during development. Trees and shrubs will be planted after construction to comply with the City ordinances. The following mitigation measures have been recommended by the DNR:  Use native plant species.  Landscaping plans should incorporate additional native trees and shrubs for diversity.  Utilize pollinator-friendly seed mixes (such as those provided by BWSR) as ground cover, opposed to rock, mulch, or turf grass, which provide bloom times throughout each season. Wastewater – No connection to city sanitary services is proposed during the construction of this project. A future trunk sewer line will be constructed along 140th Street within the 2030 MUSA. The three recycling buildings will be serviced by a septic system that will meet all siting and design standards for septic system s and drain fields. The maintenance building will utilize a 3000-gallon holding tank for wastewater that will be emptied by a licensed septic hauler SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 3 approximately once per week. Water Supply – The proposed project will increase average day water demands by approximately 350 gallons per day for employees at the proposed recycling buildings and approximately 130 gallons per day at the proposed maintenance building. The wet process at the second recycling building will use approximately 350 gallons of water per day, but the water from this process will be reused and recycled. These flows will be delivered from an existing city water main located along Trunk Highway 55 (TH 55), northwest of the project. Once at final grades, water service connections will be constructed between all four proposed buildings. A 16-inch water main will be constructed from the existing water main along TH 55 and will extend to the east along TH 55 for approximately 2,400 linear feet where it will be plugged for a future water main connection. The City’s existing water storage and supply will be adequate in managing the increased water demand from this proposed project. Water Quality – The City has commented that the dead-pool portion of the stormwater pond is 1.4 times larger than what is required to meet NURP requirements. It has been recommended that SKB regrade the pond with either an infiltration bench or a two-celled system. Infiltration is also anticipated to occur along the side slopes of the South basin. Per Rosemount Stormwater Management Plan Requirements, the stormwater pond will be required to retain and infiltrate the 100-year runoff volume from the entire site. There are no restricted activities proposed for this site that would prohibit infiltration. Based on available geotechnical boring information, the anticipated depth to shallow groundwater at the site is greater than 40 feet below grade, deeper than the proposed excavation of the project. Transportation – A Traffic Impact Study was completed for the project. This Study provided a comprehensive look at existing traffic conditions and anticipated traffic impacts for the regional area and identified recommended mitigation improvements for 2021 and by 2040 as the area develops. The recommendations include: 1. 2021 with the SKB Recycling Facility Full Development Condition • No intersection operates below LOS C; however, as a result of primarily the background traffic, Courthouse Boulevard (TH 55) at 145th Street (CSAH 42) will experience unsatisfactory delay in the northbound direction during the PM peak hour. This can be mitigated by signalization of the intersection. • Traffic safety issues are anticipated for exiting truck traffic from the site at the Courthouse Boulevard (TH 55) and Existing Site Entrance. This can be mitigated with the addition of an acceleration lane for exiting traffic. 2. 2040 with SKB Recycling Facility Full Development Condition • No intersection operates below LOS C except Courthouse Boulevard (TH 55) at 145th Street (CSAH 42) which will operate at LOS F with the existing conditions, primarily due to the background traffic. This can be mitigated by signalization of the intersection and geometric improvements with the addition of a SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 4 through lane on Courthouse Boulevard (TH 55) and dual left turn lanes from Courthouse Boulevard (TH 55) to 145th Street (CSAH 42). • No traffic safety issues are anticipated if the mitigation from 2021 was implemented at the Courthouse Boulevard (TH 55) and the Existing Site Entrance. Wildlife – The state-listed endangered loggerhead shrike is known to occur near the proposed project. Tree clearing and grubbing will occur between August and March, outside of the prime nesting period of this species, to avoid impacts. It is recommended that natural netting erosion control products are used to prevent injury to wildlife. Noise – It was determined that the scope of the new operations would not have impact on the adjacent receptors and therefore no analysis was conducted. There may be a slight increase in noise during construction and equipment should be fitted with proper mufflers and contractors should follow city noise ordinances. b. The City of Rosemount finds that the analysis completed for the EAW is adequate to determine the extent and reversibility of environmental impacts for the proposed project. This document provides clarifications and summarizes the dominant and recurring issues within the EAW. By following the proposed mitigation and the responses to comments, impacts which cannot be avoided will be minimized to the extent practical. 2. MINNESOTA RULE 4410.1700, SUBP. 7.B - CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS The project area is zoned GI PUD – General Industrial Planned Unit Development and recycling operations are a conditional use within the GI – General Industrial zoning district. The properties to the south are guided LI – Light Industrial and BP – Business Park, and the properties to the east are guided BP – Business Park. These guided uses are all compatible with the proposed industrial use of the project area. The project area is within the 2030 Metropolitan Urban Service Area (MUSA). No reasonable foreseeable future projects that would combine with the impacts described in this EAW to create cumulative impacts exist. 3. MINNESOTA RULE 4410.1700, SUBP. 7.C - THE EXTENT TO WHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY a) The following permits or approvals may be required for the project: Unit of government Type of application Status State Minnesota Pollution Control Agency NPDES Construction Stormwater Permit To be obtained Minnesota Pollution Control Agency Industrial Stormwater Permit To be obtained, if necessary Minnesota Pollution Control Agency Solid Waste Permit To be obtained, if necessary Minnesota Department of Health Water main plan review To be obtained Minnesota Department of Transportation Drainage Permit To be obtained, SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 5 if necessary Minnesota Department of Transportation Misc. work permit To be obtained County Dakota County Solid Waste Processing License Type A To be obtained Local City of Rosemount Land use application (PUD) Under review City of Rosemount Declaration of Need for an EIS To be obtained City of Rosemount Building and/or grading permit To be obtained City of Rosemount Platted subdivision To be obtained City of Rosemount Subsurface Sewage Treatment System Maintenance Permit To be obtained b) The City of Rosemount finds that the potential impacts identified as part of the proposed SKB Environmental Waste Exchange and Metal Recycling Facilities project are minimal and can be addressed through the regulatory agencies as part of the permitting process. As a result, additional analysis of these impacts is not required. 4. MINNESOTA RULE 4410.1700, SUBP. 7.D - THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER AVAILABLE ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PROJECT PROPOSER, INCLUDING OTHER EISs. The City finds: 1. The proposed project is reasonably similar to other General Industrial development projects. Other similar and large-scale General Industrial developments have been completed across Minnesota in recent years. 2. No EIS that addresses a similarly sized project is known to be available in the City of Rosemount or the surrounding area. 3. Considering the results of environmental review and permitting processes for similar projects, the City of Rosemount finds that the environmental effects of the project can be adequately anticipated, controlled, and mitigated. The City of Rosemount finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes. SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 6 D. CONCLUSIONS The SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW and comments received have generated information adequate to determine that the proposed project does not have the potential for significant environmental effects. The EAW has identified areas where the potential for environmental effects exist, but appropriate mitigation measures have been incorporated into the project plans and the required approvals and permits to mitigate these effects will be obtained. The project will comply with all county, city, state, and federal review agency requirements. Based on the criteria established in Minnesota Rule 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. Therefore, an EIS is not required for the SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities project. III. AGENCY COMMENTS AND CITY OF ROSEMOUNT’S RESPONSES A 30-day comment period for the above-referenced EAW ended on February 21, 2018. Comments were received from Dakota County, Metropolitan Council, MnDOT, MPCA, SHPO, and DNR. On behalf of the City of Rosemount as the RGU, comment responses are provided below. These comment letters are included in Attachment A. Comments received and responses are summarized below. Department of Natural Resources Comment 1: Page 17. Loggerhead shrike is not a federally listed endangered species, however it is federally protected under the Migratory Bird Treaty Act. As stated in the EAW, clearing and grubbing trees and shrubs outside of the nesting periods will help minimize impacts to nesting birds. Response: The City understands that the loggerhead shrike is only a state-listed endangered species. Clearing and grubbing of trees will occur between August and March to minimize impacts to this species. Comment 2: Page 17. Steep slopes do not necessarily make the area on the southern side of the project undesirable habitat. Response: The southern side of the project area contains a steep slope that may provide wildlife habitat. Approximately 1.3 acres of these trees at the southwest corner of the site will be removed and approximately 6.2 acres will remain undisturbed. Comment 3: Page 18. The EAW should discuss invasive species BMP’s that will be employed as part of the project to avoid introduction and spread of invasive species from the project and operation. SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 7 Response: Appropriate actions such as cleaning equipment prior to site entry or exit, and chipping/destroying invasive species will prevent the spread of invasive species on site. If necessary, herbicide application to pockets of weed growth or regrowth of invasive woody species may be implemented during and after construction. Comment 4: Page 19 and Appendix B. We appreciate the use of native plants for landscaping. We recommend that you consider incorporating additional native tree and shrub species for diversity, as well as plant with a native pollinator friendly seed mix as ground cover (opposed to rock, mulch, or turf grass). Incorporating these types of plants into the landscaping can cut down on maintenance costs (due to mowing and watering) and can also help stabilize screening slopes. The Minnesota Board of Soil and Water Resources has a list of state seed mixes on their website that can help with planning purposes. To provide habitat for pollinators, we recommend planting a diverse mix of plants, with bloom times that extend from spring through fall. In addition, we recommend that any erosion control materials used on the project site be made of natural netting (ex. types 3N or 4N) and not contain plastic welding (see attachment) in order to prevent entanglement of small wildlife. Response: During final design of the project’s planting plan, the City will work with the developer to incorporate additional native tree and shrub species as well and utilizing a pollinator-friendly seed mix as ground cover where feasible. Additional measures such as using species that have bloom times throughout the year and the use of all natural-netting erosion control materials will also be considered. Minnesota Pollution Control Agency Comment 1: Project Description (Item 6). The EAW does not provide details on the process involved in recovering non-ferrous metals from ash and converting ash to an aggregate. Expected details include: if the process is wet or dry, any chemicals used in the process, waste products generated as part of the process, the source of the ash material, storage tanks, etc. In addition, information regarding the activities conducted in the maintenance building and the chemicals that may be used/stored in the building, and how they are disposed of, is not provided. Response: The first building furthest north will utilize a dry process similar to the operation currently occurring on-site, while the second building utilizes a wet process. The water is recycled and reused as part of the wet process. No chemicals are used in either the dry or wet process. Waste products generated as part of the recycling process will be dirt and ash which will be hauled to the landfill for disposal. The source of the ash material to be recycled is from the Hennepin Energy Recovery Center (HERC). This includes newly delivered ash as well as ash that had previously been landfilled. The activities to be conducted in the maintenance building include completing preventative maintenance such as, engine tune-ups, oil changes, tire rotation and changes, wheel balancing, replacing filters, etc. on the heavy equipment used to operate the landfill. Typic al chemicals utilized in any heavy equipment maintenance shop such as lubricants, oils, hydraulic fluids, cleaners, etc. will be stored and utilized in the proposed maintenance shop. The chemicals will be stored and disposed of in accordance with all applicable requirements and permits. Comment 2: Permits and Approvals Required (Item 8). The MPCA recommends the Project proposer determine if the Project requires an Industrial Stormwater Permit by SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 8 following the "10 Steps to Compliance" on the MPCA webpage located at. For industrial stormwater questions, please contact David Bodovinitz at 507-206- 2654. Response: This permit table has been updated as shown in Item 3 of this document. Comment 3: Permits and Approvals Required (Item 8). It is likely that operation of the metal recycling facility will require an MPCA Solid Waste Permit. For questions regarding the solid waste permit, please contact Dan Aamodt at 651-757-2435. Response: This permit table has been updated as shown in Item 3 of this document. Comment 4: Air (Item 16). The EAW does not discuss the potential for dust issues from the mining operations or the hauling and handling of ash materials during metal recycling operations and the impacts on nearby receptors and the environment. Response: The hauling and handling of ash materials for metal recycling operation is already occurring on-site with no complaints from nearby receptors regarding dust. Additional dust may be experienced during the hauling and site preparation construction phase. The developer will be required to institute dust control measures throughout project construction. The addition of the three buildings will not result in an increase to the mining intensity over what is currently occurring on-site. Comment 5: Air (Item 16). The EAW did not address the potential for odor issues with respect to the metal recycling operations. Response: The metal recycling operation is already occurring on-site with no complaints from nearby receptors regarding odor. This would be expected due to the generally odorless nature of the metal and ash. The addition of the three recycling buildings, which are enclosed, is not expected to generate additional odors over what is currently occurring on-site. Comment 6: Noise (Item 17). The EAW addressed briefly an increase in noise during construction activity but did not demonstrate any consideration of the state noise rules or noise created by new operations in the proposed expansion area. Given that the expansion would bring excavation and recycling activities closer to a residence on the southeast side of the proposed expansion area, it would be beneficial for SKB to be aware of the state noise standards in Minn. R. ch. 7030. The state noise standards, which are independent of city or county rules and ordinances, are based on noise heard at a receptor. These receptor-based standards are determined by a project's proximity to different Noise Area Classifications (NACs). Residences are considered NAC 1, and have the most stringent noise standards. Response: The City and developer will take this comment under advisement. It was determined that the scope of the new operations would not have impact on the adjacent receptors and therefore no analysis was conducted. Comment 7: Noise (Item 17). A cumulative increase in traffic noise after construction, in combination with other recycling activities, may result in increased noise at the nearby residence. Without any monitoring or modeling information, it is difficult to say what the noise impacts of the Project may be. At this time, the MPCA has no SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 9 concerns; however, if any questions arise regarding noise mitigation after operations begin in the expansion area, or any other aspect of the state noise rules as they apply to the Project, the proposer and/or the Responsible Governmental Unit are encouraged to contact the MPCA. Response: If increased noise levels are a concern after the completion of the project, the City will contact the MPCA regarding noise mitigation. Comment 8: Noise (Item 17). Finally, the MPCA encourages SKB to ensure that construction and excavation equipment is fitted with the appropriate mufflers during all construction and operation activities. For noise related questions, please contact Christine Steinwand at 651-757-2327. Response: Given the proximity to local residences, construction and hauling equipment will utilize appropriate measures to reduce noise during construction and operations where feasible. MnDOT Comment 1: Drainage Permit: A drainage permit may be required. In looking over the submitted information, it is not adequate to eliminate the requirement for a drainage permit. It is MnDOT's policy that current drainage patterns do not change and drainage rates to MnDOT right-of-way must not be increased. To determine if a drainage permit is needed, please provide a grading plan showing existing and proposed contours. Also provide drainage area maps for the proposed project showing existing and proposed drainage areas with flow directions indicated by arrows. Response: This permit table has been updated as shown in Item 3 of this document. Comment 2: Permits: Aside from the drainage permit, any use of or work within or affecting MnDOT right of way requires a permit. Permit forms are available from MnDOT’s utility website at: http://www.dot.state.mn.us/utility/index.html Please include one to one set of plans formatted to 11X17 with each permit application. Please submit/send all permit applications and 11X17plan sets to: metropermitapps.dot@state.mn.us. Response: The developer will obtain all necessary permits to work within MnDOT right-of-way. Metropolitan Council Comment 1: Item 7 - Cover Types (Jim Larsen, 651-602-1159) Table 2 on page 6 of the EAW estimates there will be approximately 11 acres of impervious surface on the site following development as proposed on Figure 3 - the Phase 1 Detailed Site Development and Grading Plan, in Appendix B. The 11-acre estimate appears to Council staff to underestimate the extent of impervious surface coverage by a few acres, when all planned asphalt surfaces and site buildings footprints are considered. SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 10 Response: The PUD application dated March 2017 states that the 52-acre site will have 36.2 acres of new impervious. New impervious will consist of four (4) new recycling buildings (227,000 sq-ft), parking bituminous parking (608,000 sq- ft), class 5 operations areas, and access roads from 140th Street. Comment 2: Item 9 - Land Use (Jan Youngquist, 651-602-1029) The reference to "Spring Land Park Reserve" in the text in the Existing Land Use Section 9.a.i on page 7 should be changed to "Spring Lake Park Reserve." The planned Rosemount Greenway Regional Trail and the Project ' s proposed 30-foot wide trail easement should be described in the Planned Land Use Section 9.a.ii on page 7 of the EAW. The boundaries of Spring Lake Park Reserve are incorrect as shown on the Figure 7 - Parks and Trails map in Appendix A. Additionally, the Mississippi River Regional Trail and the planned Rosemount Greenway Regional Trail should be added to the map. Maps and shapefiles of the regional parks system units in Rosemount can be downloaded from the Rosemount Community Page on the Council 's website: https://lphonline.metc.state.mn.us/CommPage?ctu=2396433&applicant =Rosemount. Response: The Rosemount Greenway Regional Trail is shown running along the western boundary of the EAW area and along the eastern edge of the existing SKB landfill. On November 29, 2016, the Dakota County Board authorized a study of the Mississippi River Regional Trail alignment which at that time a portion of the Trail ran along MN Highway 55 near the SKB landfill. On March 21, 2017, the Dakota County Board rescinded the MN Highway 55 Mississippi River Regional Trail alignment and adopted an alignment in general alignment with the Pine Bend Trail. With this re-alignment of the Mississippi River Regional Trail, the Rosemount Greenway Regional Trail alignment is expected to be moved to the northwest side of the existing SKB landfill and therefore moving the Rosemount Greenway Regional Trail alignment outside of the EAW boundary. Given the uncertainty of the trail alignment, the update to Figure 7 is obsolete. Comment 3: Item 12.b. - Contamination/Hazardous Materials/Wastes (Jim Larsen, 651-602- 1159) Information in the EAW regarding the size and location of the proposed on- site sanitary waste holding tanks is inconsistent. The text in Section 12.b. on page 16 indicates a 3000-gallon onsite wastewater holding tank will be installed for use by the maintenance building, and the text in Section 11.b.i.2 on page 11 states the maintenance building will be serviced by a 1000-gallon onsite wastewater holding tank during the planning and construction phases of the future sanitary sewer service line. Council staff suspects the latter-referenced 1000-gallon tank should more accurately be identified as servicing the three recycling buildings, and not the maintenance building. Response: The maintenance building will be serviced by a 3000-gallon holding tank. Comment 4: Item 12.b. - Contamination/Hazardous Materials/Wastes. The text on page 11 also indicates a septic drain field is proposed to be sited and constructed south of the three recycling buildings. The site plan drawings incorporated in the EAW do not identify the locations of planned primary and secondary drainfield sites, but they will be difficult if not impossible to site on the 52-acre parcel, due to the extent of land modification and excavation planned on the site, considering the MPCA Rule 7080.2150 requirement that soil absorption areas must be constructed in 'original', unaltered soils. Council staff requests that the Project proposer clarify the planned holding tank sizes and locations, and interim SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 11 Subsurface Sewage Treatment System plans for the facility in the Response to Comments document. Response: The developer will be required to meet siting and design standards for the septic system and drain field and will obtain all necessary permits. Dakota County Comment 1: 8. Permits and Approvals Required, page 6: An operating permit for the holding tank would be useful, so that the City of Rosemount can verify proper maintenance. Weekly pumping is frequent. SKB should have some form of documentation stating that they intend to follow that strict pumping schedule. Response: The developer will meet all city regulations for the storage tank. Comment 2: 11.b.i.2) Waste water discharge, page 11: Regarding the proposed maintenance building, it is stated that the building will have a 1,000-gallon holding tank. However Page 16, first paragraph, states that a 3,000-gallon holding tank will be utilized. Please clarify the size of the holding tank at the maintenance building. Response: The maintenance building will be serviced by a 3000-gallon holding tank. Comment 3: 11.b.ii. Stormwater, pages 11-1 2: The EAW suggests that stormwater treatment will be adequately sized with plans to meet the City of Rosemount and NPDES requirements for infiltration and rate control. However, the plans do not show an infiltration area, only a stormwater pond. An infiltration area would be required under the NPDES permit unless prohibited under Part 111.D.l(j) of the permit. The EAW should address infiltration. Response: The City has commented that the dead-pool portion of the stormwater pond is 1.4 times larger than what is required to meet NURP requirements. It has been recommended that SKB regrade the pond with either an infiltration bench or a two-celled system. Infiltration is also anticipated to occur along the side slopes of the South basin. Per Rosemount Stormwater Management Plan Requirements, the stormwater pond will be required to retain and infiltration the 100-year runoff volume from the entire site. There are no restricted activities proposed for this site that would prohibit infiltration. Comment 4: 12. Contamination/Hazardous Materials/Wastes, page 13-14: No known environmental contamination issues were identified on the property. If the potential for vapor intrusion from volatile organic compounds derived from offsite sources to the proposed buildings is possible, additional investigation and/or mitigation may be needed. The EAW states that if contamination or regulated materials are discovered during project area redevelopment, materials will be handled and managed in accordance with state and federal regulations. If solid waste, regulated materials or contamination is found, please contact the Dakota County Environmental Resources Department. Response: SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW Record of Decision City of Rosemount, MN WSB Project No. 010901-000 Page 12 If contamination or regulated materials are discovered during project area redevelopment, the county and State Duty Officer will be notified and materials will be handled/managed in accordance with county, state, and federal regulations. Comment 5: Transportation: The Minnesota Department of Transportation (MnDOT) has jurisdiction over the intersection at Trunk Highway (TH) 55 and County State Aid Highway (CSAH) 42. MnDOT is the agency responsible for the assessment of potential signal need and the recommended mitigation identified in the EAW. Response: The developer will work with MnDOT to obtain the appropriate project reviews and assessment of the need for the recommended mitigation measures. State Historic Preservation Office Comment 1: Based on our review of the project information, we conclude that there are no properties listed in the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Response 1: The City has noted that there are no known listed or suspected properties within the project site. SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities EAW APPENDIX City of Rosemount, MN WSB Project No. 010901-000 Page 1 APPENDIX A – Agency Comment Letters Minnesota Department of Natural Resources • Ecological and Water Resources 1200 Warner Road, St. Paul, MN 55106 Minnesota Department of Natural Resources Ecological and Water Resource 1200 Warner Road St. Paul, MN 55106 February 20, 2018 Transmitted Electronically Kyle Klatt Senior Planner 2875 145th Street West Rosemount, MN 55068 Re: SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities Development EAW Dear Kyle Klatt, The Minnesota Department of Natural Resources (DNR) has reviewed the Environmental Assessment Worksheet (EAW) for the SKB Environmental Waste Exchange Excavation and Metal Recycling Facilities Development, located in Rosemount, MN. We offer the following comments for your consideration. The EAW does not describe the purpose and need for mining of sand at this site. The EAW should describe the purpose of this, as well as impacts of this portion of the project within the EAW. If excavation of sand and gravel is simply for screening purposes, there may be other means that should be considered. We have the following comments related to Section 13 (Fish, wildlife, plant communities, and sensitive ecological resources (rare features)): • Page 17. Loggerhead shrike is not a federally listed endangered species, however it is federally protected under the Migratory Bird Treaty Act. As stated in the EAW, clearing and grubbing trees and shrubs outside of the nesting periods will help minimize impacts to nesting birds. • Page 17. Steep slopes does not necessarily make the area on the southern side of the project undesirable habitat. • Page 18. The EAW should discuss invasive species BMP’s that will be employed as part of the project to avoid introduction and spread of invasive species from the project and operation. • Page 19 and Appendix B. We appreciate the use of native plants for landscaping. We recommend that you consider incorporating additional native tree and shrub species for diversity, as well as plant with a native pollinator friendly seed mix as ground cover (opposed to rock, mulch, or turf grass). Incorporating these types of plants into the landscaping can cut down on maintenance costs (due to mowing and watering) and can also help stabilize screening slopes. The Minnesota Board of Soil and Water Resources has a list of state seed mixes on their website that can help with planning purposes. To provide habitat for pollinators, we recommend planting a diverse mix of plants, with bloom times that extend from spring through fall. In addition, we recommend that any erosion control materials used on the project site be made of natural netting (ex. types 3N or 4N) and not contain plastic welding (see attachment) in order to prevent entanglement of small wildlife. Sincerely, /s/ Rebecca Horton Environmental Assessment Ecologist, Central Region Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 An equal opportunity employer MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 February 15th, 2018 Kyle Klatt City of Rosemount 2875 145th Street W Rosemount, MN 55068 SUBJECT: SKB Recycling Expansion MnDOT Review # EAW18-001 South of MN 55 and North of 142nd St E Rosemount, Dakota County Control Section 1910 Dear Kyle Klatt, The Minnesota Department of Transportation (MnDOT) has reviewed the EAW for the proposed SKB Recycling addition and has the following comments: Drainage Permit: A drainage permit may be required. In looking over the submitted information, it is not adequate to eliminate the requirement for a drainage permit. It is MnDOT's policy that current drainage patterns do not change and drainage rates to MnDOT right-of-way must not be increased. To determine if a drainage permit is needed, please provide a grading plan showing existing and proposed contours. Also provide drainage area maps for the proposed project showing existing and proposed drainage areas with flow directions indicated by arrows. Please contact Nick Olson at MnDOT Water Resources Engineering (651-234-7542) or (nicholas.olson@state.mn.us) with any questions. Permits: Aside from the drainage permit, any use of or work within or affecting MnDOT right of way requires a permit. Permit forms are available from MnDOT’s utility website at: http://www.dot.state.mn.us/utility/index.html Please include one to one set of plans formatted to 11X17 with each permit application. Please submit/send all permit applications and 11X17plan sets to: metropermitapps.dot@state.mn.us. Please direct any questions regarding permit requirements to Buck Craig (651-234-7911) of MnDOT’s Metro Permits Section. MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 Review Submittal Options: MnDOT’s goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf version of the plans. MnDOT can accept the plans via e-mail at metrodevreviews.dot@state.mn.us provided that each separate e-mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MnDOT – Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, MN 55113 3. One (1) compact disc. 4. Plans can also be submitted to MnDOT’s External FTP Site. Please send files to: ftp://ftp2.dot.state.mn.us/pub/incoming/MetroWatersEdge/Planning Internet Explorer doesn’t work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to metrodevreviews.dot@state.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review, please contact me at (651) 234-7795. Sincerely, Josh Pansch Senior Planner Copy sent via E-Mail: Nicholas Olson, Water Resources Buck Craig, Permits Becky Parzyck, Right of Way Almin Ramic, Traffic Molly Kline, Area Engineer Nancy Jacobson, Design Russell Owen, Metropolitan Council