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HomeMy WebLinkAbout6.q. EAW Negative Declaration of Need for an Environmental Impact Statement for the Pine Bend Solar Farm EXECUTIVE SUMMARY City Council Regular Meeting: June 21, 2022 AGENDA ITEM: EAW Negative Declaration of Need for an Environmental Impact Statement for the Pine Bend Solar Farm AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 6.q. ATTACHMENTS: Resolution; Response to Comments, Findings of Fact, and Record of Decision APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt a resolution with a negative declaration of need for an environmental impact statement for Pine Bend Solar Farm BACKGROUND Flint Hills Resources (FHR) Pine Bend, LLC is proposing a 45-megawatt alternative current (MWac) solar photovoltaic (PV) project that will supply a portion of the Pine Bend Refinery’s energy needs. The project site is located west of the FHR Pine Bend Refinery in the City of Rosemount. The project’s primary features would be constructed within approximately 315-acres within the larger, approximately 480-acre project area. Primary project features include installation of approximately 99,000 single axis tracker modules and direct-buried cable, construction of inverter stations, a collection substation, a communication building and approximately ten stormwater basins. The project will also construct approximately 18,000 linear feet of gravel road and 28,000 linear feet of compacted earth road. Pursuant to Minnesota Rule 4410.4300, the City of Rosemount has prepared an Environmental Assessment Worksheet (EAW) for the proposed development. The Record of Decision addresses the State of Minnesota environmental review requirements as established in Minnesota Rule 4410.1700. The purpose of the EAW is to identify potential environmental impacts associated with the project and determine whether an Environmental Impact Statement (EIS) is needed. The EAW does not confer approval of a project. Comments through the EAW process can inform the permitting process and future steps for projects like this one. The EAW was filed with the Minnesota Environmental Quality Board (EQB) and circulated to the required EAW distribution list for review and comments. The public comment period ended May 19, 2022. Comments were received from the Minnesota Pollution Control Agency (MPCA), Minnesota Department of Natural Resources (DNR), State Historic Preservation Office (SHPO), Metropolitan Council, and Dakota County. Comments were received and the City of Rosemount responses to the comments are provided in Appendix A of the attached Response to Comments, Findings of Fact, and Record of Decision document. All comments were considered in determining the potential for significant environmental impacts. Based on the review of the project and reasonably expected environmental impacts, the project does not have the potential for significant environmental effects and an EIS is not required. The project does not rise to the level of impact that would typically require an EIS. The EAW has identified areas where the potential for environmental effects exist, but appropriate mitigation measures can be incorporated into the project plans and the required approvals and permits to mitigate these effects will be obtained. RECOMMENDATION Staff recommends the Council approve the Decision on the Negative Need for an EIS for the Pine Bend Solar Farm. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-XX NEGATIVE DECLARATION OF NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR PINE BEND SOLAR FARM WHEREAS, pursuant to Minnesota Environmental Quality Board (EQB) Rules, Chapter 4410, part 4410.1000, Subpart 3, the City of Rosemount as the responsible governmental unit completed an Environmental Assessment Worksheet (EAW) for the parcels as identified in the Pine Bend Solar Farm EAW; and WHEREAS, pursuant to Minnesota EQB Rules, Chapter 4410, and as a result of common ownership and connected actions, the project meets the thresholds for an EAW for electric- generating facilities; and WHEREAS, copies of the EAW were distributed to all persons and agencies on the official EQB mailing list prior to April 19, 2022; and WHEREAS, notice of availability of the EAW for public review for a 30-day public comment period was published in the EQB Monitor on April 19, 2022 and Dakota County Tribune on April 15, 2022; and WHEREAS, the preparation of the Pine Bend Solar Farm EAW and comments received on the EAW have generated information adequate to determine whether the proposed project has the potential for significant environmental impacts; and WHEREAS, the Pine Bend Solar Farm is expected to comply with all the City of Rosemount and review agency standards; and WHEREAS, based on the criteria established in Minnesota Rules 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 by the City Council of the City of Rosemount, Dakota County, Minnesota, as follows: That it should and hereby does make a negative declaration on the need for an Environmental Impact Statement for the Pine Bend Solar Farm ADOPTED this 21st day of June, 2022, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Erin Fasbender. City Clerk Response to Comments, Findings of Fact, and Record of Decision Pine Bend Solar Farm Environmental Assessment Worksheet June 2022 RGU PROPOSER City of Rosemount Anthony Nemcek Senior Planner 2875 145th Street West Rosemount, MN 55068 Phone: (651) 322-2090 anthony.nemcek@ci.rosemount.mn.us Flint Hills Resources Pine Bend, LLC Mike Falk Senior Environmental Engineer 3120 117th Street East Inver Grove Heights, Minnesota 55077 Phone: (651) 437-0934 mike.falk@kochind.com i CITY OF ROSEMOUNT Response to Comments, Findings of Fact, and Record of Decision Pine Bend Solar Farm Environmental Assessment Worksheet June 2022 CONTENTS Title Page INTRODUCTION ................................................................................................................................ 2 EAW Notification, Distribution, and Comment Period ..................................................................... 2 FINDINGS OF FACT AND CONCLUSIONS .................................................................................. 3 Project Description ............................................................................................................................. 3 Proposed Project............................................................................................................................. 3 Site Description and Existing Conditions ...................................................................................... 3 Decision Regarding the Potential for Significant Environmental Effects ......................................... 3 A. Type, Extent, and Reversibility of Environmental Effects ...................................................... 3 B. Cumulative Potential Effects .................................................................................................... 6 C. Extent to Which the Environmental Effects are Subject to Mitigation .................................... 6 D. Extent to Which Environmental Effects can be Anticipated and Controlled .......................... 7 RECORD OF DECISION ................................................................................................................... 8 TABLES Table 1. Permits and Approvals ............................................................................................................ 6 APPENDICES A. Comments and Responses B. Resolution 2 INTRODUCTION The Pine Bend Solar Farm is proposed on approximately 480 acres of land located west of the Flint Hills Resources (FHR) Pine Bend Refinery in the City of Rosemount, Dakota County. The existing site is primarily leased for agricultural use. The proposed project would include development of a 45-megawatt alternative current (MWac) solar photovoltaic (PV) project and will supply a portion of the refinery’s energy needs. The project’s primary features would be constructed within approximately 315-acres within the larger project parcels. Primary project features include installation of approximately 99,000 single axis tracker modules and direct-buried cable, construction of inverter stations, a collection substation, a communication building and approximately ten stormwater basins. The project will also construct approximately 18,000 linear feet of gravel road and 28,000 linear feet of compacted earth road. An Environmental Assessment Worksheet (EAW) was prepared pursuant to Minnesota Rules 4410.4300, Subp. 3 (Electric Generating Facilities). The EAW and the respective comments have been reviewed in accordance with Minnesota Rules 4410.1700 to determine if the project has potential for significant environmental effects. This document includes responses to comments received by the City of Rosemount, the Findings of Fact supporting the decision, and the Record of Decision indicating an Environmental Impact Statement (EIS) is not necessary for this project. EAW Notification, Distribution, and Comment Period In accordance with Minnesota Rules 4410.1500, the EAW was completed and distributed to persons and agencies on the official Environmental Quality Board (EQB) distribution list. The notification was published in the EQB Monitor on April 19, 2022, initiating the 30-day public comment period. A public notice was published in the Dakota County Tribune on April 15, 2022. No public hearings were held. The public comment period ended May 19, 2022. Comments were received from the following agencies: 1. Minnesota State Historic Preservation office (SHPO, May 18, 2022) 2. Minnesota Pollution Control Agency (MPCA, May 12, 2022) 3. Minnesota Department of Natural Resources (MNDNR May 19, 2022) 4. Metropolitan Council (May 19, 2022) 5. Dakota County (May 13, 2022) All comments were considered in determining the potential for significant environmental impacts. None of the comments recommended the need for an Environmental Impact Statement (EIS). The City of Rosemount did not receive comments from residents or individual members of the public. Comments received and the City of Rosemount responses to those comments are provided in Appendix A. 3 FINDINGS OF FACT AND CONCLUSIONS As to the need for an 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: Project Description Proposed Project FHR is proposing development of a 45-MWac solar PV) project and will supply a portion of the refinery’s energy needs. The project’s primary features would be constructed within an approximately 315-acres within the larger 480-acre project site. Primary project features include installation of approximately 99,000 single axis tracker modules and direct-buried cable, construction of inverter stations, a collection substation, a communication building an approximately ten stormwater basins. The project will also construct approximately 18,000 linear feet of gravel road and 28,000 linear feet of compacted earth road. Site Description and Existing Conditions The existing site is primarily leased for agricultural purposes. The majority of the 480 acres consist of agricultural land (420 acres). Approximately 17 acres are currently forested, and 35 acres consist of grasses and shrubs. Existing impervious surfaces consist of one storage building and approximately 9 acres of roadways/paved surfaces. Decision Regarding the Potential for Significant Environmental Effects Minnesota Rules 4410.1700, Subp. 7 lists four criteria that shall be considered in deciding whether a project has the potential for significant environmental effects. Those criteria and the City’s findings are presented below. A. Type, Extent, and Reversibility of Environmental Effects Minnesota Rules 4410.1700 Subp. 7(A) indicates the first factor that the City must consider is the “type, extent, and reversibility of environmental effects.” The City’s findings are set forth below. 1. Cover Types. To prepare the site for development, FHR would clear existing vegetation (including approximately 31 acres of shrubs and trees and associated stump grinding), remove one storage building (currently used for agricultural storage purposes), and complete grading activities. 2. Shorelands and Floodplains. The project area is not located within an shoreland zone and does not contain any floodplains. 3. Land Use. The guided land use for the project area is agricultural. According to Rosemount’s Alternative Energy System Ordinance, ground-mounted solar energy systems are an accessory used in agricultural districts. Solar farms can be permitted as an interim use in agricultural zoning districts located outside the metropolitan urban service area as well. The City’s Comprehensive Plan would not require any changes as a result of the project and no zoning variances would be required. During operations, the project would convert the project area from its existing land use to a solar facility. FHR would obtain an Interim Use Permit from the city of Rosemount to approve this land use. 4 4. Geology and Soils. Initial grading is expected to disturb approximately 150,000 cubic yards of soil for grading prior to installation of the solar equipment and distribution line poles. The project will require a National Pollution Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Stormwater Permit from the MPCA and will also comply with the city of Rosemount Surface Water Management Plan. Erosion control best management practices (BMPs), such as silt fence, filter logs/wattles, mulch, erosion control blankets, and access pads will be implemented during the project. Non-structural practices may include vegetative buffers, stabilization practices, topsoil segregation, and construction sequencing and timing windows. 5. Water Quality. The NPDES permit will require stormwater management practices to treat a volume of water based on the number of impervious surfaces being constructed. Once the project design has been finalized and prior to construction and according to MPCA guidance for solar projects, FHR will determine the total impervious surface area for the project to determine the total water quality volume that will be treated. Installing solar panels is not the same as other impervious surfaces, such as parking lots, because runoff can infiltrate the pervious surfaces beneath the panels. FHR will follow MPCA’s manual on stormwater management for solar projects and its online calculator to determine the volume of stormwater to manage. A SWPPP will be required in accordance with the NPDES Construction General Permit guidelines. 6. Wetlands and Surface Waters. No wetlands or surface waters are present within the project area so no project-related impacts will occur. 7. Wastewater. No wastewater discharge will occur as a result of the project. Seasonal solar panel cleaning will occur but will not require cleaning supplies or large volumes of water. As such, the water used for cleaning will be allowed to infiltrate the ground. 8. Hazardous Materials. No contamination sites were identified within the project area. FHR is actively remediating documented petroleum impacts on its property immediately east of the project location. FHR does not expect to encounter contamination or other environmental hazards during construction of the project. Should soil contamination be unexpectedly encountered, FHR will consult with MPCA to establish measures to properly evaluate and manage the materials. It is anticipated that some solar field/array associated infrastructure may contain oils for the safe operation of such equipment, as recommended by the manufacturer. The project will be designed to meet containment requirements, both primary and secondary containment. The project will also have an Oil Spill Prevention Countermeasure and Control Plan if the total aboveground oil storage capacity is greater than 1,320 gallons. Temporary storage tanks for petroleum products may be located within the project limits for refueling construction equipment during construction. Appropriate measures will be taken to avoid spills that could contaminate groundwater, including having spill kits on hand during construction. If a leak or spill were to occur, immediate response and action would be taken to remedy the situation according to MPCA guidelines and regulations. Any adverse effects are expected to be minimal. 9. Ecological Resources. The project may have indirect adverse effects on wildlife residing in the vicinity of the project, including temporary displacement during construction. Following construction, the project area, except the distribution line, will be surrounded by a fence. The fence will limit access to the project area for some larger wildlife species, but birds and small animals would regain access to the project area. The distribution lines could potentially result in direct impacts to avian species as a result of collisions. The project is located adjacent to a highly 5 industrialized area, so impacts to wildlife are not expected to occur at an extent that will significantly impact wildlife populations. Impacts to protected species will be minimized through the following measures: • disturbed areas would be seeded with native species to promote a pollinator-friendly habitat following construction. • Tree removal will be avoided during the northern long-eared bat pupping seasons (June 1 through July 31). • Tree and shrub removal will be avoided during breeding season for migratory birds, or if it cannot be avoided pre-construction nesting surveys will be completed. • A survey plan for loggerhead shrike has been submitted to and approved by the DNR and will be followed during project construction. 10. Historic Resources. One historic structure and three archaeological sites are present within the project area. Additional archeological reconnaissance and/or a historic architectural survey will be completed prior to construction to determine whether historic properties eligible for the National Register of Historic Places or the State Register are located within the project area. 11. Visual Resources. The project would alter the landscape from an agricultural field to a solar facility; however, significant visual impacts on the surrounding area are not anticipated because the project is primarily located in an agriculture and industrial area, without any residences or farmsteads in the immediate vicinity. Anti-reflective coatings would be applied to the front glass of each solar module to limit concerns about glare. No significant visual impacts are expected. 12. Air. The project involves implementing renewable energy generation, lowering the need for traditional energy generating facilities that emit pollutants. The project will not adversely affect air quality as it will not generate air pollutants. Emissions from vehicles will result in minimal and sporadic increases in air pollution and will be minimized by maintaining equipment properly and using emissions controls specified by the manufacturers. During operation, insignificant emissions will be generated from on-site vehicle operation associated with routine inspection and maintenance activities. Noise. Existing noise levels in the project area occur from agricultural activity, the FHR refinery, and vehicle traffic along adjacent roadways. The nearest residence or farmstead is approximately 0.25 miles south of the project area. As a result, potential noise receptors are limited in the vicinity of the project area. Construction and operational noise will comply with the MPCA daytime and nighttime noise limits. 13. Transportation. Traffic-related impacts resulting from the project are anticipated to be minor and would occur on a temporary basis (up to 12 months) during construction. There are no paved parking spaces in the project area; however, ample parking for construction crews and equipment is available on unpaved surfaces. All construction work would be performed during hours specified by permits and local requirements. The project will not generate traffic and is not expected to alter current traffic flow patterns. During construction, vehicle tracking BMPs will be installed as required by the SWPPP to minimize the potential for sediment tracking onto local roadways. 6 B. Cumulative Potential Effects Minnesota Rules 4410.1700 Subp. 7 (B) indicates the second factor the City must consider is “whether the cumulative potential effect is significant; whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project.” The City’s findings are set forth below. Projects typically combine to produce cumulative effects on natural resources and municipal resources like traffic, public water supply, and wastewater treatment. The City of Rosemount has planned for growth and increased capacity to address these cumulative effects. The proposed project will implement approved mitigation measures and be consistent with land use policies for areas served by municipal infrastructure. Other project in the vicinity of this project were identified and reviewed for their potential to create cumulative impacts when combined with the Pine Bend Solar Farm project. The primary long-term operational affect associated with this project is a change in land use from agricultural fields to a solar energy facility. None of the other identified projects will alter existing land use and are not expected to combine with any other resources impacted by this project, therefore cumulative effects are not anticipated. C. Extent to Which the Environmental Effects are Subject to Mitigation Minnesota Rules 4410.1700 Subp. 7(C) indicates the third factor the City must consider is the “extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority.” The City’s findings are set forth below. Environmental effects on cover types, water quality, and traffic are subject to additional review, approvals and/or mitigation through requirements of local, state, and federal regulations, ordinances, management plans, and permitting processes. The following permits and approvals are required for the project addressed under the EAW. These permitting and approval processes will provide additional opportunity to require mitigation. Potential environmental effects associated with this project will be mitigated in accordance with applicable rules and regulations. The City of Rosemount therefore finds that potential environmental effects of the project are less than significant and “subject to mitigation by ongoing public regulatory authority.” Table 1. Permits and Approvals Unit of Government Type of Application Status Federal Federal Aviation Administration Notice of Proposed Construction or Alteration Notification to be completed prior to construction State MN Pollution Control Agency NPDES Construction Stormwater Permit To be applied for Local City of Rosemount Interim Use Permit 7 Tree Removal/Replacement Plan To be obtained prior to construction Driveway Access Permit Building Permit including grading requirements and electrical permit Wetland Conservation Act No Loss Determination Union Pacific Application for wireline crossing To be obtained prior to construction D. Extent to Which Environmental Effects can be Anticipated and Controlled Minnesota Rules 4410.1700 Subp. 7 (D) indicates the final factor 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, including other EISs.” The City’s findings are set forth below. 1. The proposed project design, plans, EAW, related studies, and mitigation measures apply knowledge, approaches, standards, and best management practices gained from previous experience and projects that have, in general, successfully mitigated potential offsite environmental effects. 2. The EAW, in conjunction with this document, contains or references the known studies that provide information or guidance regarding environmental effects that can be anticipated and controlled. 3. Other projects studied under environmental reviews in Minnesota have included studies and mitigation measures comparable to those included in this EAW. 4. There are no elements of the project that pose the potential for significant environmental effects that cannot be addressed by the project design, assessment, permitting and development processes and by ensuring conformance with regional and local plans. 5. The environmental effects of this development can be anticipated and controlled by the City’s development application process and other regulatory processes. 6. 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 and controlled. Based on the EAW, comments received, responses to comments, and criteria above, the City of Rosemount finds that the Pine Bend Solar Farm does not have the potential for significant environmental effects and does not require the preparation of an EIS. 8 RECORD OF DECISION Based on the EAW, the response to comments, and the Findings of Fact, the City of Rosemount, the RGU for this environmental review, concludes the following: 1. The EAW was prepared in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules, Parts 4410.1000 to 4410.1700; 2. The EAW satisfactorily addressed the issues for which existing information could have been reasonably obtained; 3. Based on the criteria established in Minnesota Rules 4410.1700, the project does not have the potential for significant environmental effects; 4. The City makes a “Negative Declaration;” and 5. An EIS is not required. A resolution documenting the Negative Declaration was approved by the Rosemount City Council on June 21, 2022 (Appendix B). This page is intentionally blank. Appendix A Comments and Responses Record of Decision Pine Bend Solar Farm Comment Letter Sender Comment Letter Date EAW Item # EAW Subject Comment Response Minnesota Pollution Control Agency (MPCA) 05/12/2022 11 Water Resources The MPCA noted that the panels are considered "disconnected impervious" as along as the area between panels are vegetated and also noted the project will include other impervious areas for which stormwater management will be required. FHR and its contractors would construct the project per a Stormwater Pollution Prevention Plan (SWPPP), meeting the requirements of the Minnesota Pollution Control Agency’s (MPCA’s) Construction Stormwater General Permit and MPCA’s solar farm guidance. Dakota County 5/13/2022 11.a.ii. Water Resources A number of farmsteads were present on the subject property, the potential exists to encounter buried structures, foundations, abandoned wells and buried debris in these areas. If encountered these items should be managed appropriately. All non-recyclable solid waste generated by project construction would be disposed of properly in a permitted, licensed solid waste facility. Abandoned wells will be sealed in accordance with Minnesota Department of Health requirements and by a licensed well contractor. 12.a Contamination/Hazardous Materials/Wastes Environmental Resources identified potential sites of environmental concern with potential waste management implications. Should soil contamination be unexpectedly encountered, FHR will consult with MPCA to establish measures to properly evaluate and manage the materials. DC Site 5318 – Burger Dump East was identified in the northern portion of the subject site. Limited information is available in the County’s Site Inventory files, the site status in December 2000 indicated partial dump cleanup with buried waste remaining and some scattered surficial debris present. There is a potential to encounter waste during construction, if this occurs, the waste should be managed appropriately. A number of farmsteads were present on the subject property, the potential exists to encounter buried structures, foundations, abandoned wells and buried debris in these areas. If encountered these items should be managed appropriately. Comment noted. Per response above, abandoned wells will be sealed in accordance with Minnesota Department of Health requirements and by a licensed well contractor. Any unsealed, unused wells on the property must be sealed immediately by a MN licensed well contractor. Dakota County can help locate wells using magnetometers designed to find vertical magnetic signals underground. Comment noted. Per response above, abandoned wells will be sealed in accordance with Minnesota Department of Health requirements and by a licensed well contractor. n/a Transportation County staff requested appropriate setbacks to account for future right-of-way need on County State Aid Highway (CSAH) 71 (Blaine Avenue). An additional 27 feet of right-of- way on each side of the centerline (expanding the current 66 feet right-of-way to a total of 120 feet of right-of-way). FHR has reviewed the proposed site layout and believes all structures other than fencing in some limited areas will be outside of the proposed 120 feet of right of way. If necessary, FHR would work with the City in the future to relocate any affected fencing. Minnesota State Historic Preservation Office (SHPO) 5/18/2022 14 Historic Properties SHPO indicated they look forward to reviewing the Phase I survey report once it becomes available. The Phase I survey report will be provided to SHPO no later than the end of June 2022. Comment Letter Sender Comment Letter Date EAW Item # EAW Subject Comment Response Metropolitan Council 5/19/2022 8 Permits and Approvals Required To determine if an Encroachment Agreement Application, the Metropolitan Council requested coordination with Tim Wedin, Interceptor Engineering Assistant Manager. The project area boundary referenced in the EAW and shown in the EAW figures was sent to Tim Wedin on May 31, 2022. If required, FHR will obtain an encroachment agreement. 9 Land Use Segment 3 of the planned Rosemount Greenway Regional Trail is adjacent to and/or overlaps the southwestern-most project sit which was approved as part of the Rosemount Greenway Regional Trail Master Plan in 2012. FHR will accommodate the regional trail if/when it is constructed. For example, if the regional trail will intersect the project, FHR will work with Rosemount to site the trail safely around the project. 13 Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) Encouraged the project to include a vegetation management plan detailing the extent of pollinator planting proposed with the development and provided relevant resources. The resources will be reviewed and incorporated into the plan as appropriate. Minnesota Department of Natural Resources (DNR) 5/19/2022 10 Geology, Soils and Topography/Land Forms Noted that while karst features have not been documented within the project boundary, a portion of the site is mapped as a region prone to surface karst feature development. Comment noted. 13 Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) DNR recommended 10 foot fencing (8 feet with 2 feet of non-barbed write on top) fencing to completely exclude deer and corner gates so facility staff could "herd" deer out if it were to jump the fence. The current fence design is required to comply with NFPA 70 (National Electric Code) and refinery security access and risk management standards in the use of barbed wire mounted atop the fencing. FHR will consider corner gates in the design based on the feedback from the DNR. DNR noted a Loggerhead Shrike survey plan was previously provided and approved. DNR also indicated if feasible, avoid initial disturbance to grassland areas and tree/shrub removal from May 15th through August 15th to minimize disturbance of nesting Lark Sparrow and Bell’s Vireo which are state-listed bird species of special concern. Comment noted. The DNR said they are willing to coordinate as needed on a vegetation management plan for the solar facility. Comment noted. 16 Air A DNR Water Appropriation Permit Application will be needed for the use of the water if volumes exceed 10,000 gallons per day or one million gallons per year. FHR recognizes this permit threshold. It is not anticipated these thresholds will be exceeded, but if that changes, a permit application will be submitted. This page is intentionally blank. Appendix B Resolution Record of Decision Pine Bend Solar Farm This page is intentionally blank.