Loading...
3.6 Project Ollie EAW Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 14 March 2022 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Engineer Ron Wagner 3.6 – Project Ollie EAW STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends adoption of a resolution approving findings of fact that the proposed Project Ollie Development does not have potential for significant environmental effect and that an Environmental Impact Statement is not to be required. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Held by Planning Commission 7 March 2022 BACKGROUND/JUSTIFICATION: Endeavor Development has submitted an application for development of an industrial distribution warehouse on 80 acres located east of Queens Avenue and south of 65th Street. The proposed development consists of one lot with a 401,544-square foot principal building. The submitted plans indicate potential for future expansion of the building by 343,200-square feet for a total building area of 744,744-square feet. The proposed development requires consideration of an Environmental Assessment Work Sheet (EAW) in accordance with Minnesota Rule 4410.4300, Subp. 14 based on the square footage of the proposed principal building. The developer, at the direction of the City as the Responsible Government Unit, prepared an EAW to evaluate the potential environmental effects of the proposed development. The EAW document was posted to the City website on 4 January 2022, noticed in the City’s official newspaper on 8 January 2022, and published by the Environmental Quality Board (EQB) on 11 January 2022. The EAW was also distributed for review and comment to stakeholders and agencies identified by the EQB. The mandatory 30-day comment period for the EAW ended on 10 February 2022. Comments were received from the Minnesota Pollution Control Agency (MPCA), Minnesota Department of Natural Resources (DNR), and State Historic Preservation Office (SHPO). The developer, again at the direction of City staff, drafted responses to the comments. In summary, the proposed project will be developed in accordance with all Federal, State, and City rules, regulations, and ordinances to ensure that impacts to the environment are avoided or minimized to comply with established standards. The response to the comments also includes findings of fact that the project will not have significant environmental effect for consideration by the City Council. Minnesota Rules 4410.1700 requires that the City adopt findings as to whether the project has potential for significant environmental effects after the close of the 30 day comment period. Adoption of the proposed findings in advance of action by the City Council on the related zoning and subdivision applications will not bind the City to a specific outcome on those requests, which are to be evaluated based upon the goals and policies of the Comprehensive Plan and compliance with the provisions of the Zoning Ordinance and Subdivision Ordinance separate from the rules governing consideration of an EAW. SUPPORTING DOCUMENTS ATTACHED: ▪ EAW (available at www.ci.otsego.mn.us/publicnotice) ▪ Draft EAW Findings and Responses to Comments ▪ Resolution 2022-23 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2022-23 approving the Project Ollie EAW Findings of Fact, Conclusions, and Response to Comments and that preparation of an Environmental Impact Statement is not to be required. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A PROJECT OLLIE EAW FINDINGS OF FACT, CONCLUSIONS, AND RESPONSE TO COMMENTS For: City of Otsego Prepared by: Anderson Engineering of Minnesota, LLC 13605 1st Avenue North Suite 100 Plymouth, MN 55441 763.412.4000 Anderson Engineering Project No. 16604 March 1, 2022 TABLE OF CONTENTS ADMINISTRATIVE BACKGROUND ............................................................................................................................... 1 FINDING OF FACTS AND CONCLUSIONS ..................................................................................................................... 1 PROJECT DESCRIPTION ....................................................................................................................................... 1 PROJECT HISTORY ............................................................................................................................................... 2 CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS .............................. 2 TYPE, EXTENT, AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS ....................................................................... 2 CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS ......................................... 5 THE EXTENT TO WHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TO MTIGIATION BY ONGOING PUBLIC REGULATORY AUTHORITY ...................................................................................................................................... 5 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. ...................................................................................................................... 6 CONCLUSIONS ............................................................................................................................................................ 7 COMMENTS AND CITY OF OTSEGO RESPONSES..................................................................................................... 7 1 | Page ADMINISTRATIVE BACKGROUND Pursuant to Minnesota Administrative Rules 4410.4300 Mandatory EAW Categories. Subpart 14. Industrial, Commercial, and Institutional facilities. A.(2); the City of Otsego has prepared an Environmental Assessment Worksheet (EAW) for the proposed Project Ollie. Endeavor Development is the project proposer and the City of Otsego is the Responsible Government Unit. In accordance with Minnesota Rule 4410.1700, this Record of Decision addresses the State of Minnesota environmental review requirements. In accordance with Minnesota Rule 4410.1500, a copy of the EAW was provided to the Environmental Quality Board (EQB) and subsequently filed in the EQB Monitor on January 11, 2022. The EAW was posted on the City of Otsego website on January 4, 2022 and notice published in the Star News on January 8, 2022. The EAW was also provided for comment and review to the listed stakeholders and agencies on the EQB distribution list. The 30-day comment period for Project Ollie EAW ended on February 10, 2022. Comments were received from the Minnesota Pollution Control Agency (MPCA), Minnesota Department of Natural Resources (DNR) and State Historical Preservation Office (SHPO). All comments were considered when determining the potential for significant environmental impacts. The comments and subsequent responses can be viewed in Appendix A below. FINDINGS OF FACT AND CONCLUSIONS In determining the need for an Environmental Impact Statement (EIS) for the proposed Project Ollie and based on the record presented, including the EAW and comments received, the City of Otsego makes the following Findings of Fact and Conclusions: PROJECT DESCRIPTION The facility will be used as an industrial warehouse, with associated employee parking located to the west of the building, and trailer parking to the south. The proposed Phase 1 building will have 75 full time employees (FTEs) with the future Phase 2 addition adding another 50 FTEs, for a total of 125 FTEs. The proposed Phase 1 building would construct 126 employee parking spaces and 52 trailer stalls. The tenant’s (Blu Dot) existing warehouse space, located immediately west across Queens Avenue NE from the proposed project site, is too small for current and future operations. The proposed Phase 1 building would be 401,544 square feet and the future Phase 2 addition would add 343,200 square feet, for a total buildout of 744,744 square feet. The total disturbed area for the proposed project is approximately 36.45 acres including staging and stockpiling. Utilities, stormwater infrastructure and management basins are also proposed. 2 | Page PROJECT HISTORY • The project was subject to mandatory EAW Pursuant to Minnesota Administrative Rules 4410.4300 Mandatory EAW Categories. Subpart 14. Industrial, Commercial, and Institutional facilities. A.(2). • The EAW was filed in the EQB Monitor on January 11, 2022 and the necessary addresses on the EQB distribution list were sent a copy on January 6, 2022. • The EAW was posted on the City of Otsego website on January 4, 2022 and notice published in the Star News on January 8, 2022. • The public comment period ended on February 10, 2022. Comments were received from SHPO, MPCA and the DNR. Copies of these comments and the responses are incorporated for reference in Appendix A below. 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 Otsego must consider the four factors set out in Minnesota Rule 4410.1700, subp. 7. With respect to each of these factors, the City of Otsego 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: Land Use: The proposed project follows the City of Otsego 2012 Comprehensive Plan, as amended, future land use plan guided for the site and is similar to the surrounding land uses for the area. No adverse effects are anticipated in relation to land use. Geology, soils, and topography/landforms: No adverse effects in relation to geology, soils or topography/landforms are anticipated. Soil Disturbance The proposed phase 1 building and associated grading within the Phase 2 area would require approximately 140,000 cubic yards of cut and 206,000 cubic yards of fill. As such, approximately 67,000 cubic yards of import would be needed to complete the grading. The fill generated from the Phase 1 building earthwork will be used to fill in wetlands and build up the Phase 2 addition. A Stormwater Pollution Prevention Plan (SWPPP) will be implemented during construction as part of the National Pollutant Discharge Elimination System (NPDES) permit requirements and will outline 3 | Page site-specific erosion control best management practices (BMPs). The project will require a grading permit from the City of Otsego. Water Resources: Stormwater The Project site is located within one mile of a Mississippi River segment considered a Scenic and Recreational River segment and a restricted water under the National Pollutant Discharge Elimination System/State Disposal System Construction Stormwater Permit. Additional erosion control BMPs will need to be utilized, including immediately stabilizing soils in temporarily or permanently inactively worked areas and completing the stabilization within seven days and providing temporary sediment basins where 5 or more acres drain to a common location. A Stormwater Management Plan and SWPPP have been produced to make sure no adverse impacts to downstream resources occur. The impervious runoff will be collected in storm sewer piping, and prior to entering the stormwater ponds, a sump manhole will act as the pre-treatment. Within each pond is a sand filtration basin that will filtrate the water and discharge through drain tile into the outlet control structure. Filtration basins were used as existing clay soils are not ideal for infiltration. Post-construction rate control was either matched or decreased compared to pre- development conditions. As described below in Surface Waters and MPCA responses in Appendix A; much of the site will be improved with native prairie seeding, wetland vegetation, and trees will be planted along the facility, stormwater basins, and berm to benefit stormwater quality and soil infiltration. Wastewater The City of Otsego East Wastewater Treatment Facility has the capacity to accept the 1,700 gallons a day of wastewater anticipated to be produced by the proposed project. No adverse effects are anticipated. Surface Waters The proposed project would impact a total of 3.55 acres of wetland, 2.47 acres are regulated by the United States Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act (See wetland impacts on site plan in Appendix A). As well, the MPCA 401 Program regulates all Waters of the State as defined in Minn. Stat. § 115.01 subp. 22. Surface waters that are determined to be U.S. Army Corp of Engineers non-jurisdictional, or exempt from the Wetland Conservation Act, are regulated by the MPCA. Consultation with the City of Otsego, Minnesota Board of Water and Soil Resources (BWSR), MPCA and the USACE is ongoing to achieve the proper permit authorizations and mitigation requirements for the proposed wetland impacts. Currently, mitigation includes cessation of row-crop agricultural activities, seeding the upland with native prairie grasses, onsite mitigation of wetlands 8 and 9 and portions of wetland 6, the 4 | Page purchase of wetland bank credits at 2:1 replacement ratio within Bank Service Area 7 and creation of multiple engineered stormwater management basins that would ensure no water quality degradation and provide flood water volume and rate control. Contamination/Hazardous Materials/Waste: An abandoned farmstead is present on site, with three empty metal outbuildings and a wood barn. These structures will need to be demolished and disposed of as part of the proposed project. An inspection will be completed to verify the absence of any hazardous materials and the waste generated from disposal will be recycled or disposed of according to state and local regulations and guidelines. If hazardous materials are present in these structures, the necessary procedures will be followed, and any necessary permits obtained to ensure proper handling and disposal of hazardous materials/waste. A 10-day Notice to Demolish a Structure will need to be completed for the MPCA as well prior to demolition. Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features): While sections of fencerow trees and patches of timber around the abandoned farmstead would be removed for the proposed project, the proposed project would plant numerous trees along the berm to the south, the stormwater ponds and as landscaping around the building. As well, the project would reseed several farmed wetlands on site and convert approximately 25 acres of land currently in agricultural use to native prairie. The SWPPP will be followed to prevent the spread of invasive species on and off the site. The proposed project is not anticipated to impact the listed species or birds of conservation concern. Historic Properties: Based on the recommendation of the MN SHPO; a qualified archeologist will conduct a survey of the project site spring 2022 when field conditions are adequate to verify no unrecorded archeological sites are present onsite. If resources are found, further coordination with the MN SHPO will occur. Noise: The proposed project would create typical levels and types of construction noise expected with a warehouse development. Construction noise for the building permit regulated activities will be limited to the days and times allowed in the City of Otsego City Code 9-1-3: Days and Hours of Construction: Monday through Saturday 7:00 am – 10:00 pm and Sunday 8:00 am – 10:00 pm. Site grading and utilities construction are regulated by the Engineering Manual. These hours are Monday through Friday 7:00 am - 7:00 pm, Saturday 8:00 am - 5:00 pm, and no work on Sunday. Construction equipment will be fitted with mufflers that would be maintained throughout the construction process to limit negative impacts to the community. 5 | Page The proposed project is not anticipated to exceed the standards laid out in Minnesota Administrative Rule 7030.0040 for noise conformity and is similar to the existing warehouse conditions across the street and surrounding land uses. No adverse impacts are anticipated. Visual: Much of the surrounding area land uses are currently industrial, with agricultural fields and low- density single-family homes to the south and east. As the surrounding area already contains industrial buildings, the proposed project would match the current view scape. To avoid any adverse effects to the residential areas to the south, a berm, fencing, and landscaping will be placed on the south property line to minimize noise and light impacts and provide visual screening. Air: Because much of the area surrounding the proposed project is already developed with industrial and residential uses and with existing MN Trunk Highway 101 and Queens Avenue NE so close to the site, an increase in vehicle emissions that would exceed air quality standards is not anticipated. To minimize excessive construction vehicle emissions, best management practices of avoiding idling vehicles and maintaining engines and exhaust systems will be utilized to the best extent possible during construction. Transportation: Because Queens Avenue NE already has been developed to support several industrial warehouses (including the current Blu Dot warehouse) and surrounding residential traffic, traffic congestion because of the project isn’t anticipated. TH-101 is the principal artery to the area that already sees existing industrial use for several warehouses in the immediate area and further industrial to the north and south. Therefore, TH-101 should need no improvement to handle the proposed project generated traffic. 2) MINNESOTA RULE 4410.1700, SUBP. 7.B – CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS a) The surrounding land uses have been planned as part of the City’s Comprehensive Plan, which addresses natural environment, land use, transportation, infrastructure, and capital improvements. Such development is required to be consistent with the City Comprehensive Plan; City Zoning Ordinance, Subdivision Ordinance, and Engineering Manual; as well as State and Federal regulations. The City does not see surrounding uses as a cumulative environmental effect related to any single project that is not covered by regulations already in place. 3) MINNESOTA RULE 4410.1700, SUBP. 7.C – THE EXTENT TO WHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY 6 | Page a) The following permits and approvals will be required for the proposed project: Unit of Government Type of Application Status Federal US Army Corp of Engineers 404 Permit To be obtained Approved Jurisdictional Determination Completed State Department of Natural Resources Water Appropriation Permit To be obtained, if needed Pollution Control Agency NPDES Construction Permit and SWPPP To be Obtained Sanitary Sewer Extension Permit To be Obtained 10-Day Notice of Demolition of a Structure To be Obtained Construction Stormwater Permit To be Obtained CWA Section 401 Water Quality Certification To be Obtained Department of Health Watermain extension/Plan Review To be Obtained Well Maintenance Permit/Well Abandonment To be obtained if onsite domestic well is not sealed Local City of Otsego WCA Wetland Boundary Type Confirmation Completed WCA Replacement Plan To be obtained Building Permit To be obtained Electrical Permit To be obtained Fire Sprinkler and Fire Alarm Permit To be obtained, if needed Mechanical Permit To be obtained Plumbing Permit To be obtained Fence Permit To be obtained, if needed Right of Way Excavation/Work Permit To be obtained Grading Permit To be obtained b) The potential impacts identified as part of the proposed project can be addressed through the regulatory agencies as part of the permitting process. 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. a) The City of Otsego finds that the proposed project includes various measures to reduce adverse impacts to the environment and existing natural resources; The project is subject to local, regional, state, and federal requirements; The developer will secure all necessary permits and will adhere to all requirements of the permits; Considering the results of environmental review and permitting processes for similar projects, the City of Otsego finds that the environmental effects of the project can be adequately anticipated, controlled, and mitigated. 7 | Page CONCLUSIONS The Proposed Project Ollie EAW and the subsequent comments received have generated the necessary information 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 can be incorporated into the project plans and the required approvals and permits to mitigate these effects will be obtained. If the project cannot be approved by regulating agencies as currently conceptualized, the applicant may need to revise the plan to meet regulatory requirements. The project will comply with all local, state, and federal review agency requirements. Based on the criteria established in Minnesota Rule 4410.1700, and the Findings of Fact and Conclusions, the project does not have the potential for significant environmental effects to trigger the need for an Environmental Impact Statement (EIS). Therefore, an EIS is not required for Project Ollie. COMMENTS AND CITY OF OTSEGO RESPONSES The 30-day comment period for Project Ollie EAW ended on February 10, 2022. Comments were received from the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency and Minnesota Office of the State Archaeologist. All comments and subsequent responses to all comments received are contained within Appendix A. APPENDIX A Comments and Responses Letter 1 328 West Kellogg Blvd St Paul, MN 55102 OSA.Project.Reviews.adm@state.mn.us Date: 02/01/2022 D. Daniel Licht City of Otsego 763-441-4414 cityhall@ci.otsego.mn.us Project Name: Project Ollie Notes/Comments I appreciate being given the opportunity to comment on the above listed project. Although no archaeological site is currently recorded within the proposed project area, it is located near Crow River and Mississippi River confluence, and numerous sites have been found in the region. Because of this the project area has a moderate to high potential for containing unrecorded archaeological sites. I recommend that a qualified archaeologist conduct a survey to determine if the project could damage unrecorded archaeological sites. Recommendations ☐ Not Applicable ☐ No Concerns ☐ Monitoring ☐ Phase Ia – Literature Review ☒ Phase I – Reconnaissance survey ☐ Phase II – Evaluation ☐ Phase III – Data Recovery If you require additional information or have questions, comments, or concerns please contact our office. Letter 2 Sincerely, Jennifer Tworzyanski Assistant to the State Archaeologist OSA Kellogg Center 328 Kellogg Blvd W St Paul MN 55102 651.201.2265 jennifer.tworzyanski@state.mn.us Response to OSA EAW Comment(s): Based on the recommendation of the OSA; a qualified archeologist will conduct a survey of the project site when field conditions are adequate to verify no unrecorded archeological sites are present onsite. If resources are found, further coordination with the MN SHPO will occur. 1 Division of Ecological and Water Resources Transmitted by Email Region 3 Headquarters 1200 Warner Road Saint Paul, MN 55106 February 09, 2022 D. Daniel Licht, City Planner City of Otsego 13400 90th Street NE Otsego, MN 55330 Dear D. Daniel Licht, Thank you for the opportunity to review the Project Ollie EAW in Wright County. The DNR respectfully submits the following comments for your consideration: 1. Page 4, Cover Types; Page 9, Surface Waters. The proposed 3.55 acres of wetland impacts is unusually high, and the proposer should demonstrate that there is sufficient need for such impacts after attempts at minimization and avoidance have been made. Wetlands are a protected land type because of the valuable ecosystem services they provide , including: flood control, water filtration, groundwater recharge, carbon sequestration, and wildlife habitat. Purchasing wetland banking credits to replace these wetland impacts should be seen as a last resort after all other alternatives have been explored. 2. Page 9, Stormwater. Very little information is provided about what stormwater features and treatment methods are being proposed. Where will the stormwater pond ultimately discharge to, and how will this waterbody be affected by the change in water quality or flow? Is infiltration feasible at this site? What kind of pre-treatment or water quality can be expected as a result of the proposed stormwater BMP’s? This development will result in an additional 28 acres of impervious surfaces, which is a significant land conversion that requires more detailed analysis of stormwater management. 3. Page 10, Rare Features. This section should answer all of the questions within the EAW template including the subsections. The EAW does not describe the current habitat and wildlife within the project area or discuss how the project will impact these species and habitat. Wetlands are important wildlife habitat, and this project is proposing to eliminate 3.55 acres of wetlands as well as 8.41 acres of forest and trees. The EAW should fully consider the effect of these impacts and discuss them within this section. 4. Page 10, Rare Features. DNR concurs that state-listed species are unlikely to be impacted as a result of this project. We recommend that BWSR-approved, weed-free, native seed mixes be 2 used to the greatest degree possible in stormwater features and landscaping in order to provide pollinator habitat. Thank you again for the opportunity to review this document. Please let me know if you have any questions. Sincerely, Melissa Collins Regional Environmental Assessment Ecologist | Ecological and Water Resources Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 Phone: 651-259-5755 Email: melissa.collins@state.mn.us CC: Joshua Budish, Endeavor Development Equal Opportunity Employer Response to MN DNR EAW Comment(s): 1.) As part of the Wetland Conservation Act permitting process, Endeavor Development is coordinating with the appropriate local, State, and Federal agencies. The project as proposed includes cessation of row-crop agricultural activities, seeding the upland with native prairie grasses and seeding the farmed wetland with native wetland species, the purchase of wetland bank credits at 2:1 within BSA 7 and creation of multiple engineered stormwater management basins that would ensure no water quality degradation and provide flood water volume and rate control. These improvements and mitigation measures offer habitat biodiversity, floodwater attenuation, groundwater protection, soil quality and health, sediment and pollutant protection for downstream resources, and a unique habitat cover type to the area. As the site is currently guided for industrial development, and the surrounding area is quickly developing with residential and industrial uses, these areas of upland prairie and restored wetlands offer a unique opportunity to create a land cover type that is lacking in the area and preserve an area that otherwise would continue to be in agricultural row-production potentially contributing soil erosion and chemical pesticide/herbicide to downstream receiving waters. Impacts to downstream sensitive water resources would be beneficial, seeing greater sediment retention and floodwater attenuation than what the current wetland basins provide, improving soil health and habitat upstream with native vegetation plantings in wetlands and upland areas, reduce agricultural runoff directly into the ephemeral stream and Wetland 6, conserving and restoring upland native prairie and wetland area in the area and improving wildlife habitat particularly for pollinators and butterfly species. 2.) Two stormwater ponds are proposed. The impervious runoff will be collected in storm sewer piping, and prior to entering the stormwater ponds, a sump manhole will act as the pre- treatment. Within each pond is a sand filtration basin that will filtrate the water and discharge through drain tile into the outlet control structure. Filtration basins were used as existing clay soils are not ideal for infiltration. Post-construction rate control was either matched or decreased compared to pre-development conditions. A Stormwater Management Plan has been drafted and is in review with the City of Otsego as part of the project. 3.) The areas of the site not in active agricultural use are primarily previously degraded wetland basins that were historically farmed, several of which were excavated for agricultural use. The wetlands onsite are primarily dominated with invasive species such as reed canary grass and cattail. The forested areas on site are primarily fencerows with some hardwood forest around the abandoned farmstead, composed of various deciduous and coniferous tree species and an understory dominated by invasive European buckthorn. Wetlands 2 and 4 offer potential habitat for amphibian and other wildlife species; however, they are not unique to the surrounding landscape with over 50 open water wetlands within a single mile of the project area according to the National Wetland Inventory. The proposed project would re seed approximately 25 acres of agricultural land into native prairie and re seed portions of wetlands 6, 8 and 9 to restore wetland function and value. 4.) As described more thoroughly in comments 1 and 3 above, the restoration and reseeding done on site will be accomplished with BWSR and DNR approved weed free, native seed mixes. Response to MN MPCA EAW Comment(s): General Comment: All missing items identified by MPCA have been addressed within these responses to comments. Cover Types (Item 7): While sections of fencerow trees and patches of timber around the abandoned farmstead would be removed for the proposed project, the proposed project would plant numerous trees along the berm to the south, the stormwater ponds and as landscaping around the building. As well, the project would reseed several farmed wetlands on site to fresh wet meadow wetland and convert approximately 25 acres of land currently in agricultural use to native prairie; a habitat type not commonly preserved or found in the surrounding area. These improvements and mitigation measures offer habitat biodiversity, floodwater attenuation, groundwater protection, soil quality and health, sediment and pollutant protection for downstream resources, and a unique habitat cover type to the area. The deep-rooted vegetation found in native prairies are also efficient at storing carbon, balancing out the impacts the project would have on the forested areas. These areas are also densely populated with invasive European buckthorn, which would be removed as well. Water Resources Surface Waters: As part of the permitting for the project, coordination with the MPCA is underway to complete 401 water quality certifications. Water Resources Wastewater: The proposed project would generate 1,000 gallons per day for Phase 1 and 1,700 gallons per day after full buildout of both phases. The east wastewater treatment facility current specifications from the City of Otsego are: Therefore, the minimal increase would not adversely impact the facility. Water Resources Stormwater Bullet One: A Stormwater Pollution Prevention Plan has been prepared and is located within the Preliminary Plat submittal dated December 29, 2021 which highlights the stabilization and buffer zone requirements based on the proximity of the Mississippi and Crow Rivers. The appropriate stormwater requirements and measures will be utilized to avoid any adverse impacts to protected resources. Water Resources Stormwater Bullet Two: As part of the permitting process and discussion with the local, state, and federal agencies, all wetland credits will be purchased within BSA 7 for the proposed project. The restoration and mitigation described above will add greater function and value to the surrounding landscape than the historically degraded and invasive filled wetlands currently proposed to be impacted. Water Resources Stormwater Bullet Three: Wetland buffers will be utilized during and after construction to protect the resources onsite and avoid downgradient sediment erosion. If during construction the buffer must be encroached, double downgradient sediment controls will be utilized, and the disturbed buffer stabilized and restored. Water Resources Stormwater Bullet Four: The Draft Geotechnical Report by Vieau Associates, Inc. dated December 16, 2021 indicates that existing site soils are primarily clay-based soils, which are not ideal for infiltration. Therefore, filtration basins within wet NURP ponds were proposed for this site. As described above for the cover type comment and DNR responses, trees will be replanted around the entirety of the project footprint, stormwater ponds and berm and approximately 25 acres of agricultural fields will be planted to native prairie with several farmed wetlands re seeded with native weed free seed mixes. Contamination/Hazardous Materials/Waste (Item 12): The farmstead on site has been abandoned for several years with the main house being tore down and removed in 2018. The remaining structures on site are empty metal sheds and a wooden barn. As the farm has not been in active use for some time and the structures are empty and abandoned, agricultural chemicals are not anticipated to be found on site. If any hazardous materials are found during inspection, the proper permits will be acquired, and disposal procedures followed. The solid wastes generated during demolition will be recycled or disposed of at a state-permitted landfill. Construction of the proposed project will generate construction-related waste materials which will either be recycled or disposed of in the proper facilities in accordance with state and federal regulations and guidelines. A site safety spill prevention plan will be in place prior to construction starting to be used in the event of any hazardous material release. Proper equipment maintenance and spill prevention will be followed by contractors to minimize any potential impacts during construction. The proposed project is not anticipated to produce or store any hazardous waste or materials. Noise: The proposed project is not anticipated to exceed the standards laid out in Minnesota Administrative Rule 7030.0040, similar to the existing warehouse conditions across the street. Construction hours are regulated by the City Code and Engineering Manual to comply with MPCA regulations. Cumulative Potential Effects: The only current projects are new development of R+L Carriers at 70th Street (CSAH 38) and Queens Avenue and expansion of the Room & Board building to +/- 700,000 square feet. As described in the EAW, the surrounding land uses are planned as part of the City’s Comprehensive Plan, which addresses natural environment, land use, transportation, infrastructure, and capital improvements. Such development is required to be consistent with the City Comprehensive Plan; City Zoning Ordinance, Subdivision Ordinance, and Engineering Manual; as well as State and Federal regulations. The City of Otsego does not see surrounding uses as a cumulative environmental effect related to any single project that is not covered by regulations already in place. Other Potential Environmental Effects: The project did not identify any other potential environmental effects that were not addressed in Sections 1 through 19. Smart salting practices are discussed as part of the Water Resources section and additional detail is included in responses above. 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2022-23 APPROVING THE PROJECT OLLIE EAW FINDINGS OF FACT, CONCLUSIONS, AND RESPONSE TO COMMENTS AND THAT PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT IS NOT TO BE REQUIRED WHEREAS, Endeavor Development (the “Developer”) is proposing development of a 744,744 square foot industrial building to be constructed in two phases known as Project Ollie; and WHEREAS, the proposed development required preparation of an Environmental Assessment Worksheet (EAW) in accordance with Minnesota Rules 4410.4300, Subp. 14; and WHEREAS, the City is the Responsible Government Unit as provided for by Minnesota Rules 4410.0500 Subp. 1; and WHEREAS, an EAW was prepared to evaluate the potential environmental effects of the proposed development including the information required by Minnesota Rules 44100.1200; and WHEREAS, the EAW was posted to the City website on 4 January 2022, noticed in the City’s official newspaper on 8 January 2022, published in the Environmental Quality Board (EQB) Monitor on 11 January 2022, and distributed to stakeholders and agencies identified by the EQB; and WHEREAS, the mandatory 30 day period for receipt of comments on the EAW ended on 10 February 2022. WHEREAS, comments were received from the Minnesota Pollution Control Agency (MPCA), Minnesota Department of Natural Resources (DNR), and State Historic Preservation Office (SHPO); and WHEREAS, findings of fact, conclusions, and response to comments were prepared by the Developer at the direction of City staff and are attached hereto as Exhibit A. WHEREAS, the Otsego Planning Commission conducted a public hearing at their regular meeting on 7 March 2022 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission recommended by a 7-0 vote that the City Council adopt the response to comments and findings of fact; And, WHEREAS, the Planning Report dated 3 March 2022 prepared by the City Planner, The Planning Company LLC, is incorporated herein by reference. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. That the City Council hereby adopts the Project Ollie EAW Findings of Fact, Conclusions, and Response to Comments and determines that preparation of an Environmental Impact Statement is not to be required. ADOPTED by the Otsego City Council this 14th day of March, 2022. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk