3.10 Mississippi Landing Environmental Assessment Worksheet
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 14 November 2022
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
3.10 – Mississippi Landing
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
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 approval of responses to comments regarding the Mississippi Landings
Environmental Assessment Worksheet.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUND/JUSTIFICATION:
The City Council provided support on 22 March 2021 for a PUD Concept Plan submitted by Modern
Construction of Minnesota, Inc., who has submitted a PUD Concept Plan for a mixed-use development of
12.58 acres located east of TH 101 and south of 90th Street. The Planning Commission also supported the
PUD Concept Plan. The subject site consists of two lots with an area of 6.01 acres and one outlot with an
area of 6.57 acres. The concept plan proposes development of multiple family dwellings, hotel, retail,
office, and service commercial uses within the two commercial lots and improved public open space and
docks on the Mississippi River within the outlot.
The scope of the project requires processing of an Environmental Assessment Worksheet (EAW) in
accordance with Minnesota Rules 4410.4300, Subp. 32. 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 and published on the City website. A notice of EAW availability was published
in the EQB Monitor on 20 September2022, initiating the 30-day public comment period. A press release
was submitted to the Elk River Star News. The comment period ended on 20 October 2022.
The City received written comment letters from three agencies:
1. Minnesota Department of Transportation (MnDOT), October 3, 2022;
2. Minnesota State Historic Preservation Office (MN SHPO), October 10, 2022;
3. Minnesota Department of Natural Resources (MN DNR), October 20, 2022.
None of the comments recommended preparation of an Environmental Impact Statement (EIS).
Responses to comments are generally confined to substantive issues that “address the accuracy and
completeness of the material contained in the EAW, potential impacts that may warrant further
investigation before the project is commenced, and the need for an EIS on the proposed project.” (MN
Rules 4410.1600). Some comments included general remarks, recommendations, or permit requirements.
Such comments are noted for the record.
Minnesota Rules 4410.1700, Subp 2 requires the City to determine the need for an EIS within 30 days of
the close of the comment period. The developer has prepared a response to the comments received
regarding the EAW and findings of fact regarding the need for preparation of an EIS as required by
Minnesota Rules 4410.1700, Subp 7. The draft responses have been reviewed by City staff and City staff
recommends approval. Upon approval by the City Council, the EAW Comment Responses will be
forwarded to the respective agencies, the EQB Distribution List and the EQB to complete the EAW process.
A declaration that an EIS is not to be required does not entitle the developer to the proposed project. The
proposed development remains subject to approval of applications for a Zoning Ordinance amendment,
PUD Development Stage Plan, preliminary plat, and final plat. The developer is working to complete the
information required for these applications for consideration at future Planning Commission and City
Council meetings. A public hearing is required for these applications, which will be conducted by the
Planning Commission.
SUPPORTING DOCUMENTS ATTACHED:
▪ EAW by reference (https://www.ci.otsego.mn.us/publicnotice)
▪ EAW Response to Comments
▪ Resolution 2022-87
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2022-87 Finding No Need for an Environmental Impact Statement (EIS) for the
Mississippi Landing Mixed-Use Environmental Assessment Worksheet (EAW).
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
MISSISSIPPI LANDING MIXED USE EAW
– OTSEGO, MN
Environmental Assessment Worksheet
Response to Comments, Findings of Fact,
and Record of Decision
October 2022
Responsible Government Unit (RGU) Proposer
City of Otsego Modern Construction of MN, Inc.
13400 90th Street NE 18837 Ogden Street NW
Otsego, MN 55330 Elk River, MN 55330
D. Daniel Licht Jesse Hartung
(763) 441‐4414 (763) 200‐6376
ddl@planningco.com jesse@modernconstructionmn.com
i
MISSISSIPPI LANDING MIXED USE EAW
– OTSEGO, MN
Environmental Assessment Worksheet
Response to Comments, Findings of Fact,
and Record of Decision
Table of Contents
Introduction .................................................................................................................................................. 2
EAW Notification, Distribution, and Comment Period ......................................................................... 2
Comments Received ..................................................................................................................................... 2
Response to Comments ................................................................................................................................ 3
Minnesota Department of Transportation (MnDOT) ........................................................................... 3
Minnesota State Historic Preservation Office (MN SHPO) ................................................................... 3
Minnesota Department of Natural Resources (MN DNR) .................................................................... 4
Findings of Fact ............................................................................................................................................. 6
Project Description ............................................................................................................................... 6
Proposed Project ................................................................................................................................... 6
Site Description and Existing Conditions .............................................................................................. 6
Decision Regarding the Potential for Significant Environmental Effects .............................................. 6
A. Type, Extent, and Reversibility of Environmental Effects ........................................................... 6
B. Cumulative Potential Effects ....................................................................................................... 9
C. Extent to Which the Environmental Effects are Subject to Mitigation ....................................... 9
D. Extent to Which Environmental Effects can be Anticipated and Controlled ............................ 11
Record of Decision ...................................................................................................................................... 12
Tables
Table 1: Permits and Approvals Required ................................................................................................... 10
Appendices
A. Revised Figure 7 ‐ Floodplain, Wetlands, Shoreland & Public Waters
B. Written Comments Submitted to the City of Otsego
Findings of Fact – Mississippi Landing Environmental Assessment Worksheet
2
Introduction
The Mississippi Landing Mixed‐Use project is proposed on approximately 14.72 acres of land in the
northeast portion of the City of Otsego, Wright County. The fully developed project will include 5
residential and commercial mixed‐use buildings, a park maintenance and storage building, and a park
along the Mississippi river. Site development will include installation of municipal utilities, mass grading,
and stormwater management practices.
The fully developed project will construct 5 mixed‐use buildings on Parcels 1 and 2 in the project area
that include a total of approximately 45,000 square feet of mixed retail and restaurant space, and 400
apartment units over the commercial and parking levels. The ground level of each building is dedicated
to covered parking with the second level consisting of the retail and restaurant space and open‐air
plazas on the covered parking roof decks. The project also includes a 4,000 square foot park
maintenance and storage building on Parcel 3, and a park with potential trails, grills, gazebos, a dock,
and other park amenities along the Mississippi River on Parcel 4. The project will require installation of
municipal utilities, mass grading, and stormwater management practices. The proposed project could
impact approximately 0.13 acres of wetland and convert 7.23 acres of cultivated cropland to construct
the new buildings, parking areas, park, landscaping, and stormwater features. The balance of the site
will include about 5 acres of tree avoidance and 1.21 acres of wetland avoidance.
An Environmental Assessment Worksheet (EAW) was prepared pursuant to Minnesota Rules Part
4410.4300, Subp. 32 (Mixed residential and commercial project where the sum of ratios of applicable
residential and commercial thresholds equals or exceeds one). The proposed Mississippi Landing project
has a calculated threshold of 1.23. 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 City of Otsego
(City), 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 September 20, 2022, initiating the 30‐day public comment period. A
press release was submitted to the Elk River Star newspaper. And the comment period ended on
October 20, 2022.
Comments Received
The City received written comment letters from three agencies:
1. Minnesota Department of Transportation (MnDOT), October 3, 2022;
2. Minnesota State Historic Preservation Office (MN SHPO), October 10, 2022;
3. Minnesota Department of Natural Resources (MN DNR), October 20, 2022.
None of the comments recommended preparation of an EIS.
Findings of Fact – Mississippi Landing Environmental Assessment Worksheet
3
Response to Comments
This narrative includes summaries of comments received, followed by responses to each comment
individually. Complete comment letters are included in Appendix A.
Responses to comments are generally confined to substantive issues that “address the accuracy and
completeness of the material contained in the EAW, potential impacts that may warrant further
investigation before the project is commenced, and the need for an EIS on the proposed project.” (MN
Rules 4410.1600). Some comments included general remarks, recommendations, or permit
requirements. Such comments are noted for the record.
Minnesota Department of Transportation (MnDOT)
Comments
1. Pedestrian and Bicycle
The Mississippi River Trail (U.S. Bike Route 45) is across MN 101 in close proximity to the site. We
encourage the applicant to work with the city to provide pedestrian and bicycle access to the site.
2. Permits
Any other work that affects MnDOT right‐of‐way will require an appropriate permit. All permits are
available and should be submitted at: https://olpa.dot.state.mn.us/OLPA/. Please upload this letter
when applying for any permits.
Response
The comments are noted and included in the EAW record and provided to the project proponent for
consideration by virtue of this Response to Comments.
Minnesota State Historic Preservation Office (MN SHPO)
Comments
1. SHPO reviewed the Phase I Archaeological Survey for the project area and determined 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.
2. For future reference, we do not recommend including archaeological survey reports in public
documents such as EAWs. These reports often contain sensitive information about archaeological
resources. The summary that was provided under Item 14. “Historic Properties” is sufficient – it
describes the results of the investigations but does not contain the specific locations of any sites
that were identified.
Response
The agreement of no properties listed in the National or State Registers of Historic Places is noted. We
will omit attaching detailed archaeological reports in future EAW preparations.
Findings of Fact – Mississippi Landing Environmental Assessment Worksheet
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Minnesota Department of Natural Resources (MN DNR)
Comments
1. Permits and Approvals
Please be aware that any filling and grading work done in this area that changes the flood stage
will require the proposer to submit to FEMA a Letter of Map Revision.
2. Floodplain
The image below shows the extent of the floodplain and floodway on the revised maps that are
set to be published by FEMA. In the new floodplain maps, half of this parcel is within the
floodway and will require the developer to ensure any filling and grading work done in this area
does not cause an increase in flood stage beyond 0.00 feet and does not create a decrease of
more than 0.1 feet. If the proposal does change the flood stage, the proposer will need to
submit to FEMA a Letter of Map Revision. Any structure in the flood fringe will need to meet
floodplain ordinances, which require structures to be raised above the 1% flood elevation.
While the future FEMA map is copied below, it’s important to note that the current map has the
same floodway, though the boundary of the flood fringe is slightly different. Please see the
current effective map of the area (included as an attachment to this letter) that shows both the
floodway and floodplain. Figure 7 (Floodplain, Wetlands, Shoreland & Public Waters) should
show the floodway portion of the floodplain along with the floodplain overlay. Please note that
no buildings are permitted in the floodway.
3. Wild and Scenic Recreational River District
Portions of this project area are within the Wild and Scenic Recreational River District (WSRRD),
which is required to meet more stringent zoning requirements. Please coordinate with DNR
Area Hydrologist, James Bedell (james.bedell@state.mn.us; 320‐223‐7850), to ensure that the
proposed project meets WSRRD zoning requirements.
4. Post‐Construction Site Runoff
a. We encourage the City of Otsego to request that project proposers who wish to significantly
increase impervious surfaces develop a chloride management plan that outlines what BMP’s
and strategies will be used to reduce chloride use within the project area. Consider
promoting local business and city participation in the Smart Salting Training offered through
the Minnesota Pollution Control Agency.
b. We recommend that BWSR‐approved, weed‐free, native seed mixes be used to the
greatest degree possible in stormwater features and development landscaping in order
to provide pollinator habitat.
5. Visual
It appears that Building 1 will be significantly taller than the greenhouse structures located
approximately 120 feet to the north. How will the shade from this building impact the
neighboring property and their business?
Findings of Fact – Mississippi Landing Environmental Assessment Worksheet
5
Response
1. Permits and Approvals
Final project design will coordinate with all zoning, ordinance, and permitting requirements,
including work within the floodplain. A Letter of Map Revision will be submitted to FEMA as
required if any proposed filling and grading work done in floodplain shows an increase in flood
stage beyond 0.00 feet or a decrease of more than 0.1 feet.
2. Floodplain
Figure 7 – Floodplain, Wetlands, Shoreland & Public Waters prepared for the EAW did show the
floodway as a dark purple line. Unfortunately, it is shown as the same color as the 500‐year
floodplain zone and was confusing. A revised Figure 7 has been attached to these comments
depicting the floodway in red/blue striping similar to the current FEMA floodplain map included
in the comment letter.
Final project design will coordinate with all zoning, ordinance, and permitting requirements,
including work within the floodplain. Including:
a. Any structure in the flood fringe will meet floodplain ordinances, which require
structures to be raised above the 1% flood elevation.
b. No buildings will be constructed in the floodway.
3. Wild and Scenic Recreational River District
Final project design will coordinate with all zoning, ordinance, and permitting requirements,
including WSRRD zoning requirements.
4. Post‐Construction Site Runoff
a. This review of the environmental effect of chloride use in road salt is incorporated into the
EAW record by virtue of this Response to Comments. The City of Otsego has participated in
Smart Salt training and intends to continue participation in upcoming years as part of the
MS4 Permit requirements. The City is reviewing and will consider implementing educational
and long‐term chloride recommendations from the Twin Cities Metropolitan Area Chloride
Management Plan. Educational programs such as the Smart Salting Training may be made
available to private contractors as well as City staff. In addition, the project proponent has
the ability to require that water softeners installed in new buildings are metered by water
use rather than by time, softening only when necessary. Accordingly, chloride reduction
strategies will be considered to the extent practicable.
b. Native grasses and wildflowers will also be considered for seeding in areas around
stormwater features, outlots, or other development landscaping that aligns with site
program determined in final design.
5. Visual
The project proponent is purchasing the project area property from the owners of the
greenhouse structures located to the north. And the design of the building nearest to these
greenhouses is only 3 stories tall above the lobby on the west end of the building which will still
allow sun to shine on the greenhouses during the full morning and late afternoon hours.
Findings of Fact – Mississippi Landing Environmental Assessment Worksheet
6
Findings of Fact
Project Description
Proposed Project
The Mississippi Landing Mixed‐Use project is proposed on approximately 14.72 acres of land in the
northeast portion of the City of Otsego, Wright County. The fully developed project will include 5
residential and commercial mixed‐use buildings, a park maintenance and storage building, and a park
along the Mississippi river. Site development will include installation of municipal utilities, mass grading,
and stormwater management practices.
The fully developed project will construct 5 mixed‐use buildings on Parcels 1 and 2 in the project area
that include a total of approximately 45,000 square feet of mixed retail and restaurant space, and 400
apartment units over the commercial and parking levels. The ground level of each building is dedicated
to covered parking with the second level consisting of the retail and restaurant space and open‐air
plazas on the covered parking roof decks. The project also includes a 4,000 square foot park
maintenance and storage building on Parcel 3, and a park with potential trails, grills, gazebos, a dock,
and other park amenities along the Mississippi River on Parcel 4. The project will require installation of
municipal utilities, mass grading, and stormwater management practices. The proposed project could
impact approximately 0.13 acres of wetland and convert 7.23 acres of cultivated cropland to construct
the new buildings, parking areas, park, landscaping, and stormwater features. The balance of the site
will include about 5 acres of tree avoidance and 1.21 acres of wetland avoidance.
An Environmental Assessment Worksheet (EAW) was prepared pursuant to Minnesota Rules Part
4410.4300, Subp. 32 (Mixed residential and commercial project where the sum of ratios of applicable
residential and commercial thresholds equals or exceeds one). The proposed Mississippi Landing project
has a calculated threshold of 1.23. 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.
Site Description and Existing Conditions
The project area is about 51% cropland, 39% woodland, 9.4% wetlands and ditches, and 1% open space.
The soils on the site include fine sandy loam with 14 feet of topographic relief from a peak elevation of
863 ft Mean Sea Level (MSL) to the Mississippi River at 849 ft MSL. Site topography is relatively flat with
14 feet of elevation change.
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.
Findings of Fact – Mississippi Landing Environmental Assessment Worksheet
7
1. Cover Types. The proposed project could impact approximately 0.13 acres of wetland and
convert 7.23 acres of cultivated cropland to construct the new buildings, parking areas, a park,
landscaping, and stormwater features. The balance of the site will include about 5 acres of tree
avoidance and 1.21 acres of wetland avoidance. The completed project will include about 8.2
acres of open space consisting of stormwater basins, wetlands, woodland, lawn/landscaping,
and a park.
2. Shorelands and Floodplains.
Floodplain
Portions of the project area are located within the floodway, 100‐year floodplain, and 500‐year
floodplain of the Mississippi River. No buildings are allowed in the Mississippi River floodway.
Per the City of Otsego Code of Ordinances, residential structures built within the 100‐year
floodplain shall be constructed on fill with the first inhabitable floor 3 feet above the regulatory
flood protection elevation. And the finished fill elevation shall be no more than one foot below
the regulatory flood protection elevation for the particular area and shall extend at such
elevation at least fifteen feet beyond the limits of any structure or building erected thereon. Per
the Otsego Zoning Ordinance, commercial structures to be built within the 100‐year floodplain
shall ordinarily be elevated on fill so that their first inhabitable floor (including basement) is
above the regulatory flood protection elevation.
The project proponent will work through final design and analysis to ensure any filling and
grading work done in the floodplain does not cause an increase in flood stage beyond 0.00
feet and does not create a decrease of more than 0.1 feet. If the design does change the
flood stage, the proponent will need to submit to FEMA a Letter of Map Revision.
Shoreland
Portions of the project area fall within a Wild and Scenic Recreational River (WSRR) District. The
proposed mixed‐use buildings, and the park maintenance and storage building are proposed
over 300 feet away from the OHWL of the Mississippi River with the area of the project located
within the WSRR District to be acquired by the City for park purposes. The project is compatible
with zoning Wild and Scenic Recreational River overlays.
The project area does not fall in or near a critical area or an agricultural preserve.
3. Land Use. The project is compatible with surrounding future land uses identified in the City of
Otsego 2012 Comprehensive Plan as commercial, public/quasi‐public, and rural. The project is
compatible with surrounding zoning identified as PUD – Planned Unit Development, Institutional
Districts, and Agricultural‐Rural Service Area. And the project is compatible with zoning Wild and
Scenic Recreational River overlays.
4. Geology and Soils. Grading operations for construction are expected to affect about 8.0 acres
and involve movement of about 70,000 cubic yards of sandy soil to construct access roads,
building pads, parking lots and stormwater features.
Findings of Fact – Mississippi Landing Environmental Assessment Worksheet
8
5. Water Quality. Compliance with stormwater requirements will minimize and mitigate potential
adverse effects on receiving waters. Project construction will add about 6 acres of impervious
surface to the site, consisting of mixed‐use buildings, a park maintenance and storage building,
parking lots, and driveways. Stormwater rate and volume controls will limit increases in runoff
volume and associated pollutant transport. The creation of stormwater ponds for phase 1 of
development and underground vaults to allow infiltration and rate control for all of the
development during phase 2 is expected to mitigate potential adverse effects on water quality.
6. Wetlands and Surface Waters. Project construction is expected to impact up to 0.13 acres of
wetland. The project will need wetland replacement plan approval from the City of Otsego and
will need to consider design alternatives that avoid and minimize effects on wetlands to the
extent practicable. The project is also expected to need a Section 404 Nationwide Permit from
the U.S. Army Corps of Engineers.
7. Wastewater. The project is expected to produce normal domestic wastewater that will be
typical of mixed‐use commercial and residential developments. The park maintenance and
storage building will produce its own domestic wastewater consistent with similar institutional
projects. Wastewater conveyance and treatment facilities of the City of Otsego have been
designed with sufficient capacity in anticipation of continued development in the area.
8. Hazardous Materials. The majority of the project area has been in agricultural use since at least
the 1940s and the riverbanks of the Mississippi river have been maintained as natural open
space. The site is not known to include environmental hazards and the agricultural and natural
open space land use history suggests a low potential for environmental contamination. The
project area is not known to include previous building sites, disposal areas, storage tanks or
pipelines. A Phase I Environmental Site Assessment has not been completed for the project area.
9. Ecological Resources. The proposed development project may affect the number and type of
wildlife species in the area, but changes in wildlife abundance are not expected to be regionally
significant. Much of the project area has reduced wildlife habitat value because it has been
utilized to produce annually tilled sweet corn crops for years.
No records of rare plant or animal species, other significant natural features, or critical habitats
were found within the project area.
10. Historic Resources. The State Historic Preservation Office determined 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 will likely be affected by this project.
11. Visual Resources. The project entails conversion of farm field to several multi‐level, mixed‐use,
commercial and residential buildings, with smaller areas of wetland and woodland conversion.
Some effects on visual resources may occur in conjunction with project development including
changes in the viewsheds around the project area. Most changes to the view sheds will be 20’
to 50’ of the tops of the mix‐use buildings being visible above the top of existing views into the
site from most directions. An additional effect on visual resources will be some shading from the
Findings of Fact – Mississippi Landing Environmental Assessment Worksheet
9
mixed‐use buildings to the greenhouse structures located approximately 120 feet to the
north.
There are no prominent scenic vistas on or near the property, but part of the property has views
of the Mississippi River corridor to the east. Substantial effects on visual resources are not
anticipated in conjunction with project development.
12. Air. The Minnesota Environmental Quality Board is working on integrating greenhouse gas
(GHG) assessment into environmental review. GHG are expected to result from building
heating, travel, and other activities. The mitigation and adaption measures listed in the EAW
can help reduce GHG generation and limit climate change impacts.
13. Noise. Local noise levels are expected to increase temporarily during project construction, but
noise levels are expected to be at or near existing levels after construction is complete. Noise
generated by construction equipment and building construction will be limited primarily to
daylight hours when noise levels are commonly higher than at night.
14. Transportation. The Traffic Study indicated that the study intersection of Quantrelle Avenue
and 90th Street NE providing direct access to the project area is expected to operate at a Level of
Service (LOS) A with no queuing issues identified under the No‐Build and Build conditions.
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 municipal resources like drinking water and
wastewater treatment. The City of Otsego 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 sewer and water.
Cumulative effects of mixed‐use and residential development on natural resources may include the loss
of agricultural land, relocation of wetlands, and the loss and fragmentation of wildlife habitat like
woodland and grassland. Surface water runoff from the project area will be treated prior to discharge
to wetlands and receiving waters. Stormwater regulations and water quality BMPs are expected to
minimize cumulative effects of post‐development runoff on downstream waters.
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.
Findings of Fact – Mississippi Landing Environmental Assessment Worksheet
10
Environmental effects on water quality, wetlands, floodplain fill, and traffic are subject to additional
approvals and/or mitigation through requirements of local, state, and federal regulations, ordinances,
management plans, and permitting processes. The permits and approvals listed on the next page (Table
1) are required for the project addressed under the EAW. These 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 Otsego 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 Required
Unit of Government Type of Application Status
City of Otsego Mandatory EAW Decision To be applied for
City of Otsego Preliminary and Final Plat Approval To be applied for
City of Otsego Grading Permit To be applied for
City of Otsego Building Permit To be applied for
City of Otsego Comprehensive Plan Amendment To be applied for
City of Otsego Zoning Amendment To be applied for
City of Otsego PUD Development Stage plan To be applied for
City of Otsego Storm water Management and
Erosion Control Approval To be applied for
City of Otsego Variance To be applied for,
if needed
City of Otsego Municipal Water Connection Permit To be applied for
City of Otsego Sanitary Sewer Connection Permit To be applied for
City of Otsego Wetland Boundary and Type
Approval
To be applied for,
if needed
City of Otsego Wetland Fill Permit To be applied for,
if needed
City of Otsego Floodplain Alteration Permit To be applied for
Minnesota Department of Health Water Main Extension Approval To be applied for
Minnesota Department of
Natural Resources Water Appropriation Permit To be applied for,
if needed
Minnesota Department of
Natural Resources Public Waters Work Permit To be applied for
Minnesota Pollution Control
Agency NPDES/SDS General Permit To be applied for
Minnesota Pollution Control
Agency Sanitary Sewer Extension Approval To be applied for
U. S. Army Corps of Engineers Wetland Delineation Concurrence Submitted
U. S. Army Corps of Engineers Approved Jurisdictional
Determination To be applied for
U. S. Army Corps of Engineers Wetland or Water Resource
Impact Permit To be applied for
Findings of Fact – Mississippi Landing Environmental Assessment Worksheet
11
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
application and review processes of the City and others.
6. 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 and controlled.
7. Based on the EAW, comments received, responses to comments, and criteria above, the City of
Otsego finds that Mississippi Landing Mixed Use Development does not have the potential for
significant environmental effects and does not require the preparation of an EIS.
Record of Decision – Mississippi Landing Environmental Assessment Worksheet
12
Record of Decision
Based on the EAW, the response to comments, and the Findings of Fact, the City of Otsego, 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 (2015);
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.
Appendix A
Revised Figure 7 ‐ Floodplain, Wetlands,
Shoreland & Public Waters
Record of Decision
Mississippi Landing Mixed‐Use Environmental Assessment Worksheet
Appendix B
Written Comments Submitted
to the City of Otsego
Record of Decision
Mississippi Landing Mixed‐Use Environmental Assessment Worksheet
Metropolitan District
1500 County Road B-2 West
Roseville, MN 55113
Page 1 of 2
October 3, 2022
D. Daniel Licht
City Planner
13400 90th St NE
Otsego, MN 55330
SUBJECT: Mississippi River Landing Mixed -Use EAW
MnDOT Review #EAW2 2-0 18
SE quadrant of MN 101 and 90th St NE
Otsego , Wright County
Dear D. Daniel Licht,
Thank you for the opportunity to review the Mississippi River Landing Mixed -Use EAW. Please note
that MnDOT's review of this EAW does not constitute approval of a regional traffic analysis. MnDOT’s
staff has reviewed the document and has the following comments:
Pedestrian and Bicycle
The Mississippi River Trail (U.S. Bike Route 45) is across MN 101 in close proximity to the site. We
encourage the applicant to work with the city to provide pedestrian and bicycle access to the site.
Please contact Jesse Thornsen, Pedestrian and Bicycle Planning, at jesse.thornsen@state.mn.us or 651-
234-7788 with any questions.
Permits
Any other work that affects MnDOT right of way will require an appropriate permit. All permits are
available and should be submitted at: https://olpa.dot.state.mn.us/OLPA/. Please upload this letter when
applying for any permits.
For questions regarding permit submittal requirements, please contact Buck Craig of MnDOT’s Metro
District Permits Section at 651 -775-0405 (cell) or buck.craig@state.mn.us .
Review Submittal Options
MnDOT’s goal is to complete reviews within 30 calendar days. Review materials received electronically
can be processed more rapidly. Do not submit files via a cloud service or SharePoint link. In order of
preference, review materials may be submitted as:
1. Email documents and plans in PDF format to metrodevreviews.dot@state.mn.us. Attachments
may not exceed 20 megabytes per email. Documents can be zipped as well. If multiple emails are
necessary, number each message.
2. For files over 20 megabytes, upload the PDF file(s) to MnDOT’s Web Transfer Client site:
https://mft.dot.state.mn.us. Contact MnDOT Planning development review staff using the same
email above for uploading instructions, and send an email listing the file name(s) after the
document(s) has/have been uploaded.
Page 2 of 2
You are welcome to contact me at 651-234 -7792 , or david.kratz@state.mn.us with any questions.
Sincerely,
David Kratz
Senior Planner
Copy sent via email:
Jason Swenson, Water Resources
Buck Craig, Permits
Doug Nelson, Right of Way
Eric Lauer-Hunt, Traffic
Michael Pachnik, Traffic
Kimberly Zlimen , Transit
Natalie Ries, Noise
Ben Klismith , Area Engineer
Mike Samuelson, Ped/Bike Planning
Jesse Thornsen, Ped/Bike Planning
Tod Sherman, Planning
Cameron Muhic, Planning
Jake Schutt, Planning
Faith Xiong, Planning
David Elvin, Planning
Steven Voss, District 3
Thomas Cruikshank, District 3
Bethany Brandt-Sargent, Metropolitan Council
Jed Hanson, Metropolitan Council
MINNESOTA STATE HISTORIC PRESERVATION OFFICE
50 Sherburne Avenue ▪ Administration Building 203 ▪ Saint Paul, Minnesota 55155 ▪ 651-201-3287
mn.gov/admin/shpo ▪ mnshpo@state.mn.us
AN EQUAL OPPORTUNITY AND SERVICE PROVIDER
October 10, 2022
D. Daniel Licht, City Planner
City of Otsego
13400 90th St NE
Otsego, MN 55330
RE: Mississippi Landing Mixed-Use EAW
T121 R23 S23 NW-NW, Otsego, Wright County
SHPO Number: 2022-2749
Dear D. Daniel Licht:
Thank you for providing this office with a copy of the Environmental Assessment Worksheet (EAW) for the above -
referenced project.
We have reviewed the following cultural resources survey reports that were prepared for this project:
• Phase Ia Archaeological Literature Review for Mississippi Landing Project in Otsego, Wright County,
Minnesota (July 25, 2022, Nienow Cultural Consultants)
• Phase Ib Archaeological Survey for Mississippi Landing Project in Otsego, Wright County, MN (August 4,
2022, Nienow Cultural Consultants)
According to the Phase Ib report, one archaeological site was identified in the project area as a result of the field
investigations, site 21WR230. We agree with the consultant’s recommendation that this site is not eligible for
listing in the National Register of Historic Places. Therefore, we conclude that there are no properties listed in the
National or State Registers of Historic Places, and no significant archaeological resources located in the area that
will be affected by this project.
For future reference, we do not recommend including archaeological survey reports in public documents such as
EAWs. These reports often contain sensitive information about archaeological resources. The summary that was
provided under Item 14. “Historic Properties” is sufficient – it describes the results of the investigations but does
not contain the specific locations of any sites that were identified.
Please note that this comment letter does not address the requirements of Section 106 of the National Historic
Preservation Act of 1966 and 36 CFR § 800. If this project is considered for federal financial assistance, or requires
a federal permit or license, then review and consultation with our office will need to be initiated by the lead
federal agency. Be advised that comments and recommendations provided by our office for this state -level review
may differ from findings and determinations made by the federal agency as part of review and consultation under
Section 106.
Please contact Kelly Gragg-Johnson, Environmental Review Program Specialist, at 651-201-3285 or
kelly.graggjohnson@state.mn.us if you have any questions regarding our review of this project.
Sincerely,
Sarah J. Beimers
Environmental Review Program Manager
1
Division of Ecological and Water Resources Transmitted by Email
Region 3 Headquarters
1200 Warner Road
Saint Paul, MN 55106
October 20, 2022
D. Daniel Licht, City Planner
City of Otsego
13400 90th St. NE
Otsego, MN 55330
Dear D. Daniel Licht,
Thank you for the opportunity to review the Mississippi Landing Mixed-Use Environmental Assessment
Worksheet (EAW) in Wright County. The DNR respectfully submits the following comments for your
consideration:
1. Page 6, Permits and Approvals. Please be aware that any filling and grading work done in this
area that changes the flood stage will require the proposer to submit to FEMA a Letter of Map
Revision.
2. Page 8, Floodplain. The image below shows the extent of the floodplain and floodway on the
revised maps that are set to be published by FEMA. In the new floodplain maps, half of this
parcel is within the floodway and will require the developer to ensure any filling and grading
work done in this area does not cause an increase in flood stage beyond 0.00 f eet and does not
create a decrease of more than 0.1 feet. If the proposal does change the flood stage, the
proposer will need to submit to FEMA a Letter of Map Revision. Any structure in the flood
fringe will need to meet floodplain ordinances, which require structures to be raised above the
1% flood elevation.
While the future FEMA map is copied below, it’s important to note that the current map has
the same floodway, though the boundary of the flood fringe is slightly different. Please see the
current effective map of the area (included as an attachment to this letter) that shows both the
floodway and floodplain. Figure 7 should show the floodway portion of the floodplain along
with the floodplain overlay. Please note that no buildings are permitted in the floodway.
2
(The red/blue striped layer shows the floodway, the light blue shows the 1% floodplain, and the
yellow hatching shows the 0.2% floodplain.)
3. Page 8, Wild and Scenic Recreational River District. Portions of this project area are within the
Wild and Scenic Recreational River District (WSRRD), which is required to meet more stringent
zoning requirements. Please coordinate with DNR Area Hydrologist, James Bedell
(james.bedell@state.mn.us ; 320-223-7850 ), to ensure that the proposed project meets
WSRRD zoning requirements.
4. Page 17, Post-Construction Site Runoff. The significant increase in impervious surfaces will also
increase the amount of road salt used in the project area. Chlor ide released into local lakes and
streams does not break down, and instead accumulates in the environment, potentially
reaching levels that are toxic to aquatic wildlife and plants. Consider promoting local business
and city participation in the Smart Salting Training offered through the Minnesota Pollution
Control Agency. There are a variety of classes available for road applicators, sidewalk
applicators, and property managers. More information and resources can be found at this
website. Many winter maintenance staff who have attended the Smart Salting training — both
from cities and counties and from private companies — have used their knowledge to reduce
salt use and save money for their organizations.
We encourage the City of Otsego to request that project proposers who wish to significantly
increase impervious surfaces develop a chloride management plan that outlines what BMP’s
and strategies will be used to reduce chloride use within the project area. We also encourage
cities and counties to consider how they may participate in the Statewide Chloride
Management Plan and provide public outreach to reduce the overuse of chloride. Here are
some educational resources and videos for residents as well as a sample ordinance regarding
chloride use.
3
5. Page 17, Post-Construction Site Runoff. We recommend that BWSR-approved, weed-free,
native seed mixes be used to the greatest degree possible in stormwater features and
development landscaping in order to provide pollinator habitat.
6. Page 28, Visual. It appears that Building 1 will be significantly taller than the greenhouse
structures located approximately 120 feet to the north. How will the shade from this building
impact the neighboring property and their business?
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
Phone: 651-259-5755
Email: melissa.collins@state.mn.us
CC: Jesse Hartung, Modern Construction of MN, Inc.
Equal Opportunity Employer
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2022-87
Finding No Need for an Environmental Impact Statement (EIS) for the
Mississippi Landing Mixed-Use Environmental Assessment Worksheet (EAW)
WHEREAS, Minnesota Rules 4410.4300, Subp. 32 requires that an EAW be prepared for mixed
residential and commercial projects where the sum of ratios of applicable residential and commercial
thresholds equals or exceeds one; and
WHEREAS, on August 25, 2022, an EAW was completed for Mississippi Landing Mixed-Use development,
which will consist of up to 5 residential and commercial mixed-use buildings with a total of
approximately 45,000 square feet of mixed retail and restaurant space, and 400 apartment units over
the commercial and parking levels; and
WHEREAS, on September 7, 2022, copies of the EAW were distributed to all persons and agencies on
the official Environmental Quality Board (EQB) distribution list and other interested parties; and
WHEREAS, on September 20, 2022, the EAW was publicly noticed in the EQB Monitor, commencing the
30-day public comment period; and
WHEREAS, a press release or public notice was submitted to the Elk River Star News announcing the
completion of the EAW, its availability to interested parties, and the process for submitting comments
on the EAW; and
WHEREAS, the 30-day comment period ended on October 20, 2022 at 4:30 p.m., and the City of Otsego
accepted and responded to all written comments received; and
WHEREAS, none of the comments received recommended preparation of an EIS, and none suggested
the project had the potential to cause significant environmental effects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
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 environmental 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;”
5. An EIS is not required; and
2
6. The City adopts the Response to Comments, Findings of Fact, and Record of Decision for Mississippi
Landing Mix-Use Environmental Assessment Worksheet (Record of Decision) and directs the City
Clerk to maintain the Record of Decision and distribute it in accordance with Minnesota Rules.
ADOPTED by the City Council of the City of Otsego this 14th day of November, 2022.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Tom Darkenwald, Acting Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk