Loading...
02-04-08 PCITEM 3-1f NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@1nacplanning.com 11 O Z \ 1 Wil TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 29 January 2008 RE: Otsego — Banack CUP NAC FILE: 176.02-08. BACKGROUND The Planning Commission opened a public hearing at their meeting on 22 January 2007 to consider a conditional use permit application to allow construction of a home on Lot 5, Block 1 Island View Estates. Information was submitted as part of the public hearing indicating that the subject site and an abutting lot were under common ownership, which in accordance with Section 20-95-4 of the Zoning Ordinance would make the property unbuildable. The Planning Commission tabled the application to allow City staff to research the issue further. ANALYSIS The current ownership of Lots 4 and 5, Block 1 Island View Estates is as follows: Lot 4, Block 1: Randolph P. and Barbara C. Henk Lot 5, Block 1: Barbara C. Neddermeyer Ms. Neddermeyer and Ms. Henk are the same person. Ms. Neddermeyer-Henk owned Lot 4, Block 1 with a previous husband who passed away and she has remarried. She now jointly owns Lot 4, Block 1 with Mr. Henk. In 1986, Ms. Neddermeyer-Henk and her previous husband acquired Lot 5, Block 1, which she now owns independently. Under this situation, Section 20-94-5.E of the Zoning Ordinance renders Lot 5, Block 1 unbuildable and it must be considered as a zoning lot combined with Lot 4, Block 1 based on contiguous ownership on the date the WS District was adopted as part of the Otsego Zoning Ordinance on 27 December 1994: 20-95-4E. If in a group of two or more contiguous lots under a single ownership any individual lot does not meet the lot width requirements of the local ordinance, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land each meeting the lot width requirements of the local ordinance, or to the greatest extent practical. City staff discussed the applicant's options to proceed with an application to construct a house with DNR staff given the WS District issues. Both City staff and DNR staff agree that the City and DNR would be within their authority to declare Lots 4 and 5 to be a zoning lot for the purposes of complying with the current minimum lot area requirement of 2.5 acres based on contiguous ownership that existed in 1994 when Otsego adopted its WS District. However, the provisions of Section 20-95-4 of the Zoning Ordinance contemplate development of lots with less than the minimum lot area (down to parcels with an area of 20,000 square feet) within the WS District. Development of these substandard parcels is allowed provided that the construction and site work complies with all other applicable provisions of the Zoning Ordinance in a manner consistent with the intent of the regulations and compatible with the character of the area. City staffs evaluation of applicant's development plan is that the proposed house construction would meet all WS District requirements except the pre-existing lot area and lot width. Only the ownership status, and not physical constraints caused by the non -conforming lot dimensions, prevents development of the property. Lot 5, Block 1 is one of 76 lots within Island View Estates approved on 24 May 1973 prior to adoption of the WS management plan but now subject to WS District performance standards and there are 16 riparian lots along Kahler Avenue that are approximately the same dimension as Lot 5, Block 1. City staff believes that only three of the lots in Island View Estates that are within the WS District, including Lot 5, Block 1 are vacant. The other two lots (and an outlot) are also riparian and are located northeast of Lot 5, Block 1. These lots have severe drainage issues that City staff has previously advised the property owner(s) will require their combination in order to allow for any construction. As such, Lot 5, Block 1 is unique in that it is the only one of 76 lots prevented from development within Island View Estates based only on its ownership status and the owner of Lot 5, Block 1 is being denied reasonable entitlements allowed for other properties within the same R-1/WS District. That the application of the WS District lot requirements makes this lot unbuildable when other lots of the same size within the same plat were developed may be a hardship justifying a variance as provided for Section 20-6-2.B.2.b of the Zoning Ordinance: 20-6-2.B.2.b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter or deny the applicant the ability to put the property in question to any reasonable use. 2 Variances within the WS District are subject not only to approval by the City Council, but certification by the DNR. City staff recognizes that the factors outlined above may be a hardship unique to this property justifying a potential variance related to application of the WS District to specific only to Otsego. However, the DNR must ensure consistent implementation of the WS management plan along the entire Mississippi River. Recognizing this and the City's own past practice of not approving variances, another option other than a variance was discussed by City staff and DNR staff. Lot 5, Block 1 became a non -conforming lot of record upon the date that Wright County adopted WS District regulations on 1 August 1978. In 1990, the Otsego incorporated as a City and in 1994 adopted as part of the local Zoning Ordinance essentially the same WS District regulations that had applied to Lot 5, Block 1 since 1978. Lot 5, Block 1 would have been considered a buildable substandard lot at the time it was purchased by the Neddermeyers in 1986 but for Otsego's incorporation and adoption of a local WS District in 1994. Therefore, the consensus of City staff and DNR staff is to propose an amendment to Section 20-95-4 of the Zoning Ordinance to state that substandard lots had to exist under separate ownership upon the specific date that WS District regulations were adopted by Wright County. City staff and DNR staff agree that such an amendment would be consistent with the intent of the WS District regulations that have applied to Otsego and Lot 5, Block 1 since adoption of the Management Plan, allowances granted other properties under similar physical conditions and would avoid any potential precedents for Otsego and the DNR that may result from approval of a variance. The applicant has submitted an additional application to amend Section 20-94-5 of the Zoning Ordinance as outlined above and a public hearing scheduled for 19 February 2007. An ordinance amending of Section 20-94-5 of the Zoning Ordinance has been drafted by City staff that would allow for development of substandard lots of record existing under separate ownership on 1 August 1978 as a conditional use subject to compliance with all other applicable provisions of the WS District and the Zoning Ordinance. DNR staff has stated that the amendment would be certified if approved by the City Council. The City Engineer is also reviewing a detailed site and grading plan for construction of a single family home Lot 5, Block 1 relative to the area drainage issues and bluff erosion concerns raised during the public hearing on 22 January 2008. Their office's recommendations will be available at the public hearing on 18 February 2008. City staff would note however that concerns related to the integrity of the retaining walls on Lot 6, Block 1 is a property maintenance issue that is the responsibility of that property owner. The decision to build these retaining walls to allow for construction of a home upon Lot 6, Block1 should not infringe on the property rights for Lot 5, Block 1 and their maintenance would not be a reasonable criteria related to the conditions for development of substandard lots within the WS District set forth by the existing and/or proposed requirements of Section 20-95-4 of the Zoning Ordinance. CONCLUSION A public hearing has been scheduled for 18 February 2008 to consider an amendment to Section 20-95-4 of the Zoning Ordinance and a CUP for development of a substandard lot within the WS District based on the proposed ordinance amendment language. No action regarding the Banack application is required by the Planning Commission at their meeting on 4 February 2008. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Tim Rochel, Building Official Ron Wagner, City Engineer Andy MacArthur, City Attorney Dale Homuth, DNR Roger Stradal, DNR Barbara Henk, property owner Joe Banack, applicant 11 ORDINANCE NO.: 2008 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING SUBSTANDARD LOTS WITHIN THE WSRR DISTRICT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-95-4 of the Zoning Ordinance is hereby amended to read as follows: 20-95-4: SUBSTANDARD LOTS: Any lot of record established on or before August 1, 1978 that does not meet the dimensional requirements of this Section may be allowed as a building site subject to approval of a conditional use permit, provided that: A. The use is allowed in the WSRR District and base zoning district. B. If two or more contiguous lots were under common ownership on August 1, 1978, any individual lot that does not meet the minimum lot area or lot width requirements of this Section shall not be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more lots each meeting the lot requirements of this Section to the greatest extent practical. C. The lot is at least twenty thousand (20,000) square feet in area. D. The proposed use shall comply with all applicable setback requirements of the WS District and base zoning district. E. Sewage treatment is provided for as required by Chapter 6, Section 3 of the City Code. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 25th day of February, 2008. CITY OF OTSEGO AA Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk ITEM 3-2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacpianning.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — ISD 728/Pouliot Mining Permit #8 REPORT DATE: 31 January 2008 NAC FILE: 176.02 — 06.27 BACKGROUND Eagle Trucking Inc. and Frattalone Companies have submitted plans for excavation of approximately 946,460 cubic yards of sand and gravel from 63.15 acres of the 100 acre property owned by Randy and Karen Pouliot located northwest of Mason Avenue and 83rd Street. The proposed excavation would occur in three phases to remove gravel from the hill straddling the west property line of the subject site. The Comprehensive Plan guides the subject site for future low density residential development within Urban Service Expansion Area W2. The subject site is zoned A-1, Agriculture Rural Service District and the Shoreland Overlay District of Otsego Creek. The current use of the property includes a dairy farmstead and tilled crop land, which is a permitted use within the A-1 District. Excavation and transport off-site of more than 50 cubic yards of material from a site within the A-1 District requires an interim use permit (IUP) when not related to a development plan subject to other zoning or subdivision approvals. A citizen's petition requesting preparation of an Environmental Assessment Worksheet (EAW) for a previous application to excavate the site had been received on 29 January 2007. In accordance with Minnesota Rules 4410.1100, Subp. 5, the EQB has determined that the City of Otsego is the Responsible Government Unit (RGU) in deciding if an EAW is to be required. Upon submission of the current application, the City Council considered the need for an EAW at their meeting on 23 April 2007 and ordered preparation of a Discretionary EAW in accordance with Minnesota Rules 4410.1000, Subp. 3.A. After the EAW was ordered, the scope of the project was increased and as proposed exceeds the threshold for a mandatory EAW under Minnesota Rules 4410.4300 Subp. 12.13. Exhibits: A. Aerial Photograph B. Future Land Use Plan C. Sewer Staging Plan D. Excavation Comparison (3 sheets) E. Project summary dated December 5, 2007 F. Plan set dated 12-7-07 (14 sheets) G. Environmental Assessment Worksheet dated 7 January 2008 by reference ANALYSIS Application. Section 20-4-2.13 of the Zoning Ordinance provides that any person with interest in property within the City may make application for an IUP as allowed within the various zoning districts. Consideration of IUP applications are quasi-judicial actions in that the decision of the City Council must be based on whether established criteria and standards relating to public health, safety and general welfare or consistency with the Comprehensive Plan have been satisfied. The requirements for excavation uses are specified in Chapter 7, Section 7 of the City Code and Section 24 of the Zoning Ordinance (with related general requirements in Section 16). Evaluation of the request by the Planning Commission and City Council is to be based upon (but not limited to) the following criteria established by Section 20-2-4.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. A decision to approve or deny the application must be based on information presented as part of the application, City staff reports and legally sufficient testimony at the public hearing in relation to requirements for allowing the excavation. Community opposition to an allowed use of property is not a legally sufficient reason for denial of an application when factual evidence, professional analysis and compliance with established performance standards has been provided for or conditioned as part of the application. Surrounding Land Uses. The subject site is surrounded by the following proposed/existing land uses: 2 Direction Land Use Plan Zoning Map Existing Use North LD Residential A-1 District Agricultural fields Rural Single Family East LD Residential A-1 District Agricultural fields Rural Single Family South LD Residential A-1 District Agriculture fields Farmstead West LD Residential A-1 District Agriculture fields The subject site and surrounding area north of 80th Street is within Urban Service Expansion Area W2, where sanitary sewer and water utilities may be available within an estimated 10 to 15 years. Until utilities are extended, the Comprehensive Plan directs a continuation of rural land uses and rural residential densities not exceeding one dwelling unit per 10 acres. In allowing excavation for transport uses as an interim use within the A-1 District, compliance with performance standards imposed by the Zoning Ordinance on the proposed use is considered to be sufficient to ensure compatibility of the grading operation with existing surrounding uses. With respect to future uses in the area, the limited extent of the grading operation being proposed and the defined phasing of the excavation that will establish a defined period of the operation provide that the activity will be completed well in advance of any urban residential development in the area. Included as part of the application is a final grading plan showing the site restored to elevations suitable for future low density residential uses guided by the Comprehensive Plan. The elevations for the final grading plan are based on the City's Trunk Sanitary Sewer Collection System Plan. ISD 728 has purchased the 80 acres immediately west of the subject site for future development of school facilities. The timeframe for construction of the future school facilities is unknown at this time. Future development of a school on the ISD 728 property will require a Zoning Map amendment and other zoning approvals. No application has been received by the City for a Zoning Map amendment and there is no entitlement for a school use on the ISD 728 property. The City may only consider the property as guided for future low density residential uses by the adopted Future Land Use Plan and the timing of future development in accordance with the Urban Service Staging Plan. In the interim, ISD 728 has made an agreement with the applicant to allow construction of haul roads across their property to provide access from the excavation site to MacIver Avenue at 80th Street. . Project Description. The subject site is a 100 acre property located northwest of Mason Avenue and 83rd Street. The operator is proposing to excavate approximately 63.15 acres of the property to extract approximately 946,460 cubic yards of sand and gravel material for exportation from the subject site. The effect of the excavation will be to lower the hill southwest of the existing farmstead approximately 40 feet and the hill northwest of the farmstead approximately 35 feet. The resulting grade will be at elevations consistent with the eastern portions of the subject site along Otsego Creek or not more than 10 feet below the existing farmstead in the center of the property. The maximum slope from the lowest grade to the top elevations at the west and north perimeter of the site is a 5:1 slope (run:rise), which is a gradual enough to allow for reestablishment of agricultural use after the excavation is complete. Slopes greater than 3:1 are considered steep. The proposed excavation is to occur in three phases beginning in 2008 and ending in 2009. As each phase is completed, the area would be restored to the elevations shown on the final grading plan to allow for resumption of crop production and potential future development of low density residential uses. The area upon which the farmstead sits will be undisturbed as part of the proposed excavation and would be lowered to match surrounding grades at such time as the property develops with urban uses. The table below summarizes the proposed phasing plan: Phase Year Volume Area 1 2008 464,460 cu/ ds. 24.05ac. 2 2009 482,000 cu/ ds. 28.74ac. 3 2009 24,000 cu/ ds. 10.36ac. To better illustrate the scope of the project, the City Engineer has complied information regarding past mining permits and development related earth work occurring within Otsego. The City has previously issued seven mining permits of which, only one is still active at the southwest quadrant of TH 101 and CSAH 37 (Mining Permit #7). The volume of material to be removed from the subject site indicating traffic generation is less than that for Mining Permit #7 and Mining Permits #1 and #4, which excavated the area at the northwest quadrant of TH 101 and CSAH 37 where The Pointe subdivision was developed (same site). The City Engineer has also provided information comparing the overall 63.15 acres of the subject site to be disturbed in comparison with past mining permits and developments using mass grading indicating potential dust, erosion or other earth work related concerns. While the total disturbed area of the subject site is proposed to be larger than the other past mining permits, there are 10 subdivisions developed within the City since 2003 that have mass graded larger areas than the total area of the proposed excavation. The area of the subject site actively excavated at any one time based on the phasing plan will be less than the mass graded area of any of the 15 subdivisions listed. Site Plan. The submitted site plan identifies the locations of interior haul roads that will be utilized during the excavation, the location of temporary office, trash, restroom parking and crusher equipment north of the farmstead and stockpile locations for top soil stripped from the excavation area to be replaced as part of the final grading plan. The use of an on-site crusher has been interpreted an incidental accessory use to excavation activities previously permitted in the City. The table below illustrates setbacks applicable to the structures/equipment within the proposed staging area: North East South West Required 50 ft. 35 ft. 35 ft. 10 ft. Proposed 450 ft. 525 ft. 1800 ft. 525 ft. Otsego Creek. Otsego Creek crosses the eastern portion of property from south to north parallel to Mason Avenue. Otsego Creek is a designated Mississippi River Tributary and land within 300 feet of the Creek is included with a Shoreland Overlay District. All excavation activities meet the minimum setback of 100 feet from the centerline of Otsego Creek. Silt fencing is required at the perimeter of active excavation areas and top soil stockpiles are required to be seeded to minimize erosion. Run off from the grading area to Otsego Creek will pass through stormwater basins constructed with each phase as shown on the grading plan to protect water quality allowing sedimentation to settle out before reaching Otsego Creek and control stormwater flow to current rates. The provision of proper stormwater management facilities is subject to the requirements of Section 20-16-9 of the Zoning Ordinance and approval of the City Engineer. Access. The site plan provides for a system of internal gravel haul roads to move within the subject site. Access to the site and transport of material from the site will utilize a 30 foot wide gravel haul road leaving the subject site and running south along the west side of the ISD 728 property to the MacIver Avenue / 80th Street intersection. A rock construction entrance as specified by the Engineering Manual will be installed at the site entrance along with a security gate. Signs indicating "truck hauling" will also be installed on MacIver Avenue and 80th Street approaching the site. A Letter of Credit (LOC) must be established as security to provide for on-going repair of street damage caused by the operation. The traffic to be generated by the proposed excavation is expected to generate 184 trips per day, which is within the capacity of MacIver Avenue. The Institute of Transportation Engineers estimates a single family home generates an average of 10 trips per day illustrating that the traffic volume generated by the proposed excavation is equivalent to 19 homes. MacIver Avenue will be the only haul route allowed requiring trucks to travel south to CSAH 37 for access to regional construction projects. MacIver Avenue was completed in 2004 and is constructed to a 10 -ton, MSA collector street standard. According to the City Engineer, the roadway has capacity to carry 12,000 vehicles per day of which 20 percent or 2,400 trips may be anticipated to be trucks. ISD 728 contracts with Vision Transportation, Inc. for school bus service and the contractor is responsible for establishing the school bus routes and stop locations. City staff contacted Vision Transportation, Inc. regarding school bus routes on MacIver Avenue and received the following information: AM PM Routes Stop Routes Stop Traveling Locations Traveling Locations MacIver MacIver High School 1 7625 MacIver 1 No stop 1 No stop 1 75t / MacIver Middle School None _ _ 1 No stop Otsego Elem. 1 7625 MacIver 1 7625 MacIver 1 None Rogers Elem. 1 No stop 1 No stop 1 No stop 1 No stop No stop Vision Transportation will review the current school bus routes to determine if these stops can be relocated away from MacIver Avenue. However, the design of the MacIver Avenue is adequate to accommodate a bus stop having a 46 foot width from back of curb to back of curb allowing for two 12 foot drive lanes, 10 foot shoulders and 17 foot boulevards. Furthermore, Minnesota Statutes 169.444 provides that when a school bus is stopped on a public street or location where school bus stop signs have been erected and is displaying an extended stop signal arm and flashing red lights, vehicles approaching the bus are required to stop at least 20 feet away from the bus and are not allowed to move until the school bus stop signal arm is retracted and the red lights are no longer flashing. City staff recommends posting bus stop signs at locations on MacIver Avenue at the designated stops. Questions regarding the operator's vehicle safety record would be beyond the City's land use jurisdiction except to require compliance with all traffic laws and that vehicles be licensed and maintained for use on public streets. The City also cannot impose restrictions on the use of air brakes as the City cannot regulate what braking force the driver deems necessary to slow or stop the truck operating on public streets. Hours of Operation. Section 20-24-6.B of the Zoning Ordinance specifies the allowed hours of operation for the proposed use are limited to 7:00 AM to 6:00 PM Monday through Friday unless specifically extended by the permit. These hours are more restrictive than the earth work allowed for subdivision development regulated by the Engineering Manual, which allows hours of operation between 7:00 AM and 7:00 PM Monday through Friday and 8:00 AM to 6:00 PM on Saturdays. City staff recommends allowing operations hours in accordance with Engineering Manual consistent with Mining Permit #7 and other development related earth work that occurred in the area while also prohibiting grading activity on the site during Federal holidays Wetlands. Existing wetlands on the property have been delineated and are shown on the grading plan. Wetland 3 in the west portion of the site will be temporarily impacted by construction of a haul road including installation of a culvert. The construction of the temporary haul road impacting the wetland and other potential wetland impacts are subject to review by the City Engineer and issuance of a wetland permit. Drainage/Erosion Control. The applicant has provided grading and erosion control plans for the three phases of excavation. The grading and erosion control plans are subject to review and approval by the City Engineer. Dust. Section 20-16-12 of the Zoning Ordinance requires compliance with MPCA Minnesota Regulations APC 7005 standards pertaining to air quality. Research done by the City Engineer indicates that dust from grading operations similar to that proposed and that have occurred elsewhere in the City do not exceed MPCA limits and that most of the dust travels no more than 300 feet beyond the grading site. To limit the amount of dust generated by the grading activity, Best Management Practices will be required, interior haul roads and staging areas must be surfaced with Class 5 and the operator will be required to apply water and/or chemical dust control as necessary. A rock construction entrance at 83rd Street consistent with City Standard Plate 505 will be provided to minimize dirt being carried out onto the public street. City staff recommends 0 that the operator be required to keep a street sweeper on site and sweep approaching streets daily as deemed necessary by the City Engineer and/or Public Works Supervisor. Noise. The applicant has submitted specifications for the proposed crushing equipment to be located on the subject site demonstrating compliance with MPCA Minnesota Regulations NPC 7010. Other equipment used on site including excavators, front end loaders, graters, rollers tractors and trucks are common to development related activities and do not generate noise above MPCA limits. Ground Water Impacts. There is to be no on-site well for the grading operation and water may be obtained from existing City wells at a cost to the operator as needed. The applicant has provided soil boring information that indicates that the proposed excavation will be no less than 10 feet above the known ground water level. The City Engineer has concluded that there will be o impact to the water table or area wells is anticipated as a result of the excavation. Vibration. The proposed use involves primarily excavation and grading of the subject site. No piling or other similar actions are anticipated as part of this operation. Past environmental studies regarding similar grading operations have not identified vibration impacts as a potential concern. Tree Preservation. The property owner has removed existing trees from the northwest corner of the Pouliot property that would have been disturbed by the excavation, which is not restricted by the Zoning Ordinance. Any remaining trees within the Pouliot property along the boundary with the ISD 728 property will also be removed as a result of the excavation. Securities. Section 20-24-7 of the Zoning Ordinance allows the City to require a security to provide for necessary erosion control, site restoration and project oversight. The amounts of securities to be required are to be determined by the City Engineer and submitted in a form approved by the City Attorney. Performance Agreement. City staff recommends execution of a performance agreement by the property owner and operator for the proposed use. The performance agreement will establish the terms and conditions of the CUP approval provide for administration and inspection of the operation and an escrow for costs incurred in the administration of the permit and the terms of the securities. The performance agreement is to be drafted by the City Attorney and is subject to approval by the City Council. RECOMMENDATION The scope of the excavation operation proposed to occur on the ISD 728 / Pouliot property is not unusual and is similar in character to past mining permits issued by the City and earth work completed as part of approved subdivision development. Furthermore, the proposed grading operation conforms to the requirements established by the Zoning Ordinance and City Code for excavation operations. City staff recommends making a finding that the proposed project does not have potential for significant environmental effects and approval of the IUP as set forth below. POSSIBLE ACTIONS Decision 1 — Environmental Assessment Worksheet A. Motion to recommend that the proposed development plan does not have potential for significant environmental effects and that preparation of an EIS is not to be required based on a review of the submitted EAW and evidence received, subject to the following condition: The project shall proceed in conformance with IUP and applicable stipulations as may be approved by the City Council. B. Motion to recommend that the proposed development plan does have potential for significant environmental effects and that preparation of an EIS is to be required based on a review of the submitted EAW and evidence received. C. Motion to table. Decision 2 — Conditional Use Permit A. Motion to approve an IUP allowing excavation for transport of the subject site based on the submitted plans and other information received to date, subject to the following conditions: The comments of the Engineering Review dated January 31, 2008 are to be addressed to the satisfaction of the City Engineer. 2. The use is allowed pursuant to the submitted plans and information approved by the City Council except as modified herein, including but not limited to the excavation phasing plan and shall at all times comply with the requirements of the City Code, Zoning Ordinance, Engineering Manual and the conditions of this permit. 3. The Final Grading / Closure Plan shall be completed within 30 days after termination of use of the Property. The reclamation/restoration security will be returned to the Property Owner upon confirmation by the City Engineer that all aspects of the Reclamation and Restoration Plan have been completed and ground cover is established. 4. The hours of operation are restricted to 7:00 AM to 7:00 PM Monday through Friday and 8:00 AM to 6:00 PM on Saturday. No activities related to the grading operation shall occur outside of these times. Operations are prohibited on Sundays and Federal holidays. 5. The Property Owner and Operator shall cause the property or equipment located on the property to be secured from unauthorized entry. A locked gate across the haul road shall be installed and locked appropriately when mining is not in operation. 6. Signs designating school bus stops shall be installed at locations determined by ISD 728 and their transportation contractor, subject to approval of the City Engineer. 7. Vehicles used for hauling material from the site shall be subject to the following restrictions: a. All vehicles shall be licensed and maintained as required to operate on public streets. b. Vehicles shall obey all traffic laws. C. Vehicles shall be limited to the following routes to/from the subject site: MacIver Avenue between 60th Street and 80th Street. d. Vehicles shall be subject to seasonal road weight restrictions on local streets. 8. The operator shall comply with MPCA Minnesota Regulations APC 7005 and institute the following additional measures to control dust related to the operation: a. A rock construction access consistent with City Standard Plate 505 shall be provided at the site entrance. b. Provide for daily sweeping of streets approaching the site entrance as deemed necessary by the City Engineer and/or Public Works Supervisor. C. All interior haul roads and processing or staging areas shall be surfaced with Class 5, subject to approval of the City Engineer. d. Apply water/chemical dust treatment to haul roads and exposed soils as deemed necessary by the City Engineer. 9. Site drainage and erosion control shall be provided for as required by the Zoning Ordinance and Engineering Manual, subject to review and approval of the City Engineer. 10. The Property Owner and Operator shall provide proof of an NPDES permit issued by the State of Minnesota for the Property, and Property Owner shall comply at all times with the conditions of that permit. 11. Noise generated on the subject site in relation to grading activities shall conform to Section 20-16-14 of the Zoning Ordinance with reference to MPCA Minnesota Regulations NPC 7010. 12. The property owner and operator shall provide the following securities as a letter of credit or cash escrow in amounts approved by the City Engineer within a performance agreement executed between the property owner, operator and City: a. Erosion control and restoration security in the amount of $3,000.00 per gross acre of land being actively graded or not fully restored at the completion of each phase. b. A street security as determined by the City Engineer for repair and overlay of designated City street haul routes damaged by vehicles involved in the exportation of material from the subject site, including trips to and from the subject site. C. A security in the amount of $10,000.00 for daily street sweeping. The security shall be re-established to $10,000.00 each time its balance falls below $1,000.00. The intent of the escrow is to allow the City Public Works Department to complete the required daily street sweeping if the operator fails to do so and recover costs incurred in this action. The City shall provide Property Owner with a monthly statement detailing any charges against the escrow. d. A cash escrow in the amount of $5,000.00 for the purposes of assuring that the City has funds available to cover costs of administering the operation. The escrow shall be re-established to $5,000.00 each time its balance falls below $1,000.00. It is the intent of this Agreement that the City have available to it at all times sufficient funds to administer the operation. e. The City shall provide Operator with a monthly statement detailing any charges against the escrow. 10 At the end of the operation all remaining unused securities shall be returned to the Operator. 13. The property owner and grading operator shall execute a performance agreement with the City regarding the conditions of the IUP and provide all securities and administrative escrows required by it, subject to approval of the City Attorney. B. Motion to deny the application as the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Roger Stradal, DNR Gregg Downing, EQB Butch Belair, Eagle Trucking, Inc. Randy and Karen Pouliot, property owners Dr. Mark Bezek, ISD 728 Ben Bastyr, EAW Petitioner's Representative 11 m And-, 250 500 1,000 Feet 83RD 77TH n IT, lu 250 500 1,000 Feet 83RD 77TH EXCAVATION COMPARISON DAVIS MISSISSIPPI COVES 0 50,000 NORINS LANDING 7 80,000 MINING PERMIT #1 F-] 90,000 v MINING PERMIT #3 144,000 w 0 MINING PERMIT #5 w 190,000 CL H Z MINING PERMIT #6 w 230,000 m a 0 MINING PERMIT #2 37C,000 w w 0 GATEWAY NORTH 37 ,000 MINING PERMIT #8 50,000 MINING PERMIT #7 1,300 MINING PERMIT #4 2,800,000 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 VOLUME HAULED OFFSITE (CU. YDS) SOURCE: HAKANSON ANDERSON ASSOCIATES, INC. EXCAVATION COMPARISON SOURCE: HAKANSON ANDERSON ASSOCIATES, INC. 0 50 100 150 200 DEVELOPMENT AREA (ACRES) 232 Q1111 MINING PERMIT #3 =1 7.5 MINING PERMIT #1 8 MINING PERMIT #2 17 MINING PERMIT #6 25 MINING PERMIT #7 33 MINING PERMIT #5 34 REMINGTON COVES 38 PLEASANT CREEK FARMS 2ND - 4TH ADDITIONS 41 CRIMSON PONDS WEST 148 OTSEGO WATERFRONT EAST 1ST - 3RD ADDITIONS 151 MINING PERMIT #4 152 NORINS LANDING 59 H. MINING PERMIT #8 65 U w OTSEGO PRESERVE 1 ST - 3RD ADDITIONS 70 p WILDFLOWER MEADOWS 71 CL a GREAT RIVER CENTRE 191 F- KITTREDGE CROSSINGS 1 -9TH ADDITIONS z w GATEWAY NORTH CL ZIMMER FARMS 1 ST - 6TH ADDITIONS i DAVIS MISSISSIPPI COVES Lu MARTIN FARMS Lu o ARBOR CREEK 1ST - 4TH ADDITIONS RIVERWOOD NATIONAL SOURCE: HAKANSON ANDERSON ASSOCIATES, INC. 0 50 100 150 200 DEVELOPMENT AREA (ACRES) 232 Q1111 JAN-30-2008(WED) 12;37 MINING PERMIT SUMMARY Eagle Trucking Inc. i Frattalone Companies November 30, 2006 Rovised January 22,2007 Revised April 10,2007 Revised Augusl 21,2007 Revised December 5,2007 Plans prepared by: Solid Ground Engineering 4756 Banning Averue, Suite 206 White Bear Lake, MN. 55110 Phone - 651-407-6018 Fax - 651-407 6019 Summary prepared by E,igle Trucking Inc. .0021016 JAN-30-2008(WED) 12;37 Excavation permit summary Eagle Trucking Inc. and Frattalone Companies are requesting a permit that will be refered to as "Pouloit Gravel Mining -Interim Use Pen -nit ". The permit will be refered as City of Otsego mining permit # 8. lntroduCtion I Eagle Trucking, Inc. and Frattalone Companies are requesting a permit to excavate and export material from the Randy and Karen Pouliot farm. The site is located on the NE corner of the intersection of Mason Avenue NE and 83`� Street N;_. The total area to be excavated Is approximately 63.15 acres with approximately 946,460 cubic yards of material exported. The excavated soils will help provide an economical source of material for future city and private projects. The goal is to have the project completed in 3 years (fall of 2010). When the mining operation Is completed, the site will be returned to f{ rmland with option of future development. The City of Otsego may use a Interim Use Permit for a period of one year that may be renewed annually until the school is opened. Plan of Operation The proposed mining operation consists of 3 phase;:, Phase 1 Completed the summer of 2008, Phases 2 $ 3 — Fall of 2009. Phaze-1 has 464,460 cubic yards,phase-2 has 482,000 cubic yards,phase-3 has 24,000 cubic yards. The mining project will be in operation April - February from 7:00 am to 7:00 pm Monday thru Friday and limited to daylight hours. Saturdays may be worked with prior permission from the city. It is proposed that the topsoil will be stripped from the phase area and stockpiled in a future phase. Once lopsoii has been stripped, mining and export operations would begin. When the export materials in the phase have been exhausted, the phase will be finish graded, topsoil re -spread and seeded. Erosion control blankets with seed will be placed on steep slopes. Once the phase has been restored, the operation will move to the next phase and the process will begin again. The following table is an estimate of average loads per day/hour: Trucks returning to the pit empty will double the trips per day/hour. AVERAGE LOADS ARE BASED ON TRAILERS Average Loads onuy Uumps I r.a cy, End dumps 17.5 cy. Side dumps 11.5 cy. Quad axels 14 cy, Tri axels 12 cy, Tandems 10 cy. It is anticipated that there will be crushing operations at the site approximately two weeks per year. It is proposed that the contractor and city have weekly meetings to discuss any issues that may arise. The access for the site will be on 83d Street NE and Macgiver ave. There will be a parking lot and staging area on the southern side of tie site. The site will be gated to prevent unauthorized access. For safety precautions If the proposed school is opened before the completion date of the project, trucks will not haul out of the site during the arrival and departure of students. 003/016 Material per Trucks per Trucks per Years Weeks Das day Day Hour 12 3 112 672 1409 81 8 Months 10 3 96 676 1644 94 10 1 Months onuy Uumps I r.a cy, End dumps 17.5 cy. Side dumps 11.5 cy. Quad axels 14 cy, Tri axels 12 cy, Tandems 10 cy. It is anticipated that there will be crushing operations at the site approximately two weeks per year. It is proposed that the contractor and city have weekly meetings to discuss any issues that may arise. The access for the site will be on 83d Street NE and Macgiver ave. There will be a parking lot and staging area on the southern side of tie site. The site will be gated to prevent unauthorized access. For safety precautions If the proposed school is opened before the completion date of the project, trucks will not haul out of the site during the arrival and departure of students. 003/016 JRN 30-2008(WE0) 12.37 j �.00411 i Haul routes, traffic control and toads Hauled The travel routes proposed are the following_ Leave the site on the west side of the property usinc the temporary haul road j to get to Maciver ave Travel south on Maciver Ave to county 37, go east on county 37 to get to Hwy 101. Travel south on Maciver Ave to 70 th street NE, traval west on 70tt street to get to county 19. The materials will be hauled off site in belly dump trzilers, side dump trailers and tri axle or quad axle dump trucks. The contractor will provide a stop sign at the end of the entrance and truck hauling signs along haul routes were needed. Erosion control Silt fence will be installed around the site to protect the adjacent properties in areas where Inoff could occur. Silt fence will also be placed around the storm water basins to minimize sedimentation. Topsoil stockpiles will be seeded immediately after placement. As stated atyove, all steep slopes will receive erosion control blankets with seed. A rock construction entrance will be placed on the access road, Ditch checks will be lzstalled in areas of concentrated flows.Pending approval of the mining permit,the NPDES permit will be submitted to the city for approval Dust control and wind erosion e� ntrot The interior roads will be sprayed with calcium chloride. There will be a water truck on site to control additional dust. The contractor will purchase water from the city for dust control and wind erosion control. Municipal water will be purchased from the City of Otsego for use in the water truck. The project will be performed In separate phases. Each phase will be restored before moving to the next phase. Drainage_ control With the excavating being started from the south going north In phases, the first 2 phases, storm water will be directed to the storm water basin on the south east portion of the property_ In the following phases, storm water will directed to the storm water basin on the north east portion of the property. $treet_sweeping and spill Clea. n up The rock construction entrance will minlmize tracking onto the haul roads. However, there are situations, especially after a rain, when the rock entrance is not enough. In these situations, a road sweeper will be available on site to keep the roads dean. If there is a spill on the roadway, the pit personnel will take responsibility for the clean up. Proposed land use After our completion of our excavation, the site will be restored back to farm land. All structures and haul roads will be removed. The type of seed and mulch used on the slopes and field area will be determined later. 16 JAN-30-2008(WED) 12:38 Ground Water See attached soil borings for water table depths. Per soil borings ground water ranges between elevvations 900 and 908. i f Soll borings were performed by Baurley Brothers Inc. in November 2004. Contact person Frank. Final grade All silt fence, gates,fencing,haul roads and structurUS will be removed and all disturbed areas will be restored at the and of the project. Site closer I The owners will grant a right of entry for one year from the date that the project doses, i } Right of entry See attached form. 1 �. 005/ 16 0061JAN-30-2008(WED) 12:38 16 i POULIOT BORROW SITE ! I I RIGF.,i'I' OF ENTRE' AGREEWNT j I/We Randy and Karen Pouliot the owner(,) of tht. property commonly identified as R4S7 MaS4i St NE(street),Qtsego(city/town), nLr zt(county), State of Minnesota do hereby grant and give freely and without coercion, the right of access and entry to said property in the CountylCity of Wri htg !Otsego, its agencies, contractors, and subcontractors j thereof, for the purpose of evaluating the wetland and completed project for a period of one year! i I y Address and TYeph6ne Number G-1 10/1 -5, -7 o �� -Owner Date Pouliot Mining Site OTSEGO, MINNESOTA Eagle Trucking, Inc. / Frattalone Companies OWNER: a a m / °1\ solidgroL ENGIN C CADJrIM l9M 1EINA 6q YYn�lo 06110 Phmt 661-4]R-7033 Randal T. Pouliot 8457 Mason Avenue NE Otsego, MN 55330 763-497-3158 APPLICANTS: Eagle Trucking, Inc. 20920 Forest Road N Forest Lake, MN 55025 651-426-4141 and Frattalone Companies 3205 Spruce Street St. Paul, MN 55117 651-484-0448 GEOTECHNICIAL ENGINEER: Braun Intertec 1826 Buerkle Road St. Paul, MN 55110 651-487-3245 CIVIL ENGINEER: Solid Ground Engineering, LLC 5386 Andelie Lane White Bear Lake, MN 55110 651-472-3633 2. SITE PLAN 3. GRADING — EROSION CONTROL PHASE 1 NORTH 4. GRADING — EROSION CONTROL PHASE 1 SOUTH 5. GRADING — EROSION CONTROL PHASE 2 NORTH 6. GRADING — EROSION CONTROL PHASE 2 SOUTH 7. GRADING — EROSION CONTROL PHASE 3 8. CLOSURE PLAN WEST 9. CLOSURE PLAN EAST 10. CROSS—SECTIONS A—A TO D—D 11. CROSS—SECTIONS E—E TO G—G 12. CROSS—SECTIONS H—H TO J—J 13. DETAILS 14. SURVEY / EXISTING CONDITIONS Ronald J. Wagner, P.E. City Engineer SURVEYOR: E.G. Rud & Sons, Inc. 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 HIM 651-361-8200 MNNESOTA YAMQ UNFgTiR 901a10 SMALL CON M ro TIE DONIEOL DENCEA ffl q TN F W1N1AL M T]igIMY TIAiFID f — LAYQIT{ (DAM JAMMY H EXHIBIT F za ®O w UN Q 3 I � I 1 2WW BIL Roadway �— We ..'.; ... w. v� Pd IOtP '�' I Q e f II W W W H -Tem usher L 't n (n i 4 l Interior Hau ; I a uy o PHASE 3 _; iE •sr PHASE 2 }: O O R r' I U Q) a ,. Lu t. 0 0 o N I 0 I" U (n U rn o Interi yr Haul R !!''! W LU A'�'�.'t':': •.'. LU Temp. Crusher Location'''"''' Z F- -��... .... H W ':t:':::•:•:':':': .'. :•: :•' Z W p }ir:•:'- x IL .. t.... PHASE 1 '. [i'}}:•ii:•l::: t {i:':'r: 388ddd d3 HU��s`s SCHOOL PROPERTY"-� 5 i i s ---26' Bit. Roadway I r,ow 66' x ' i S g y NOU mo aTum E'o10— < 'Q E ?S _0 o I 1 Uoop x.6' yd S u 3 �a� O w'� 4 ree I6' It Roadway V3 y4 �n£ 21 „€n 113 1 o: 77-1 x 9165 r r � i \\ < o- --- 0 sem, x� 1 t o i ® I \ BZ M �,,, 9M4 V � x 917.9 x 9191 -30 969.4f \83 \0 LOND E 4 ROS: SL P TO RECEIVE— ONTR L L �KETS I .•+•,• •+• - ac 91e6 x 91 ,STORM WATER*BASIN xBASIS1.N WW .91 Lill ® .'. ._-.• i1917X ___ ENOINEERINO.R� " �`""Ma°"10 s..r..a... no..aq . a �tVt"`a,, °.. ..� �. _� a� CLIENT NAME Eagle Trucking Inc./Frattalone Companies SHEET Pouliot EROSION CONTROL SHEET NO. PROJECT Mining Site —Otsego, MN PLAN 3 14 -30 \e \# . . . . I N \ \ \ \ \62A \ \ { 1 •9766 \ ( \ s \\ 1a4 dH LNE E 3 \ EjLAtVQ 5. \ 1 STORM WATER* BASIN''''' Elk a x BSA \ �� • • \ •vim,• Otsego�P.r `r�!� 977.7 • NNL 910.9 i It X979 On AL���� 1 �0;41) 1�SrPES TO RECEIVE •' !(( «--�� x \ \\ \ \ � \O,g10 TRi11\LANKETS\� 9434 9442 1 1L.J %.j I u I 1, y 925 9464 '- 1 tp x 941.6 -�`40- 1 bullu "" " a....:"" CLIENT Trucking Inc.�Frattalone Companies SHEET SHEET NO. �9 ENOINEERINO TELA PHASE 1 SOUTH — GRADING ^" �1- °°"° °, ,° PROJECT Pouliot Mining Site — Otsego, MN EROSION CONTROL PLAN 4 14 926 4 92 9375 934.9 % X \ 933 - �P.LL 3\1 POND SLOES fa>. RECEIVE IEROSIC�N COTR L BJ�NKET \ I X 914.7 SN x 9! x 931a 1 \ \ 33. x 926.4 �'. ST-ORM�ATC BASIN 1 \ \ ® \\ \ \ g \ %914__ WETLAND 4----' 137,247 sf x 925 \ ( '948.3 x 9150 ets 080 ED ED 93L1 \ \ \ .�� \ \ \AN � S E\ ET 6 2 Ss 6 all 917 CLIENT NAME Eagle Trucking Inc./Frattolone Companies SHEET SHEET NC ENOINEERINO �.,�hu1r a1Mt�[h ph—�''°�'��� ?,M`� PROJECT Pouliot Mining Site — Otsego, MN EROSION CONTROL PLAN 5 14 l 1 \tv `. '� \ 1 POND LOPES TO ECEIVE \ \ �-' -�— . ` '� �\\� ` \ \ SIGN\ NTRV BLANKET ` \ B4Xr- T I EN EE 5L4 820 All ® �� f ell $4�7--3� �(1 \111\ /// j AUL OA / \ N '-. \I% T B4 94 x 9416 1 x �� �'�' ` ' ®� --\ ------ I ---------- 9WA \ \ 1, %' 1; 825 r 82 • i �r1rq... SHEET - ENOINEERINO I eww...e """'"`°�""'—� PRO ECT CLIENT MEEPouI oagle rt Mining ucking cS teattalOtsegoone m Nies EROSION CONTROL PLAN SHEET NO. PHASE 2 SOUTH GRADING rw. e.� uwlwot. esno vnaK e.i-Oir'!-xao v„�„ w... x.. n.a. fr�✓ 9326 / \ 19183 928.9 law IQ A I ` / �_ +• -- \ ALL 3:.Y POND Si,@PES '�Q RECEIVE ' \ J EROS ON CON 0L BLANKETS, 9 x 930.9 r , / \ \ ✓ '\ 93L4 \ AIV8.6 / � r `' � `� �• � �' �x 9<L3 / PHASE 3 \ % ! IN, x 9374 HAUL ROAD ' 9. ------------ 94" N \• \ `1 \ gat • \ l ' / \ \ 215 3' T f y •( • •,.% \ .. lzxR x 943.6 1 933.4Uri •"' °`"" " .: wwwe°��` CLIENT NAME Eagle Trucking Inc./Frattalone Companies SHEET SHEET NO ENOINEERINO PHASE 3 —GRADING MMIM YMwWe 53110 -`:� �,,,, PROJECT Pouliot Mining Site —Otsego, MN EROSION CONTROL PLAN ,a NW 'o6as}p — a}lS 6umVI }o11nod 1o3rmid - mad;;; "° """°��, Lwin 1Sb3 — NVId 38nsolp «�•.-,w.�, oN1a33MINI 133HS 133HSsaluodwoo auolo}}o.Jd/'oul 6ui�3naj 816o33WVN1N3110 .4k M4 ww> I_ —7 / H tot— \ \ \\ \\\\ wN \\ A 220 ` � ` �\\ \\\\\\\ �l-"tet\ �) \� Bb• -- �� \ � I / l // / #19224`\\�\ 99-Ld #192203 '/ —'• f // I I////1 \ \\ 1 ill // /'——�_ \ \\ \ alga \F19440 c LLJ It- -� \\\\ 1 \ 1 1\ \ \ \ \ \ \ 2 \\/#193200/ / \ / ( \ 1\\\\\\\�\\\ \�� \ ♦} \1 \\\\\ \\ \\ \\\ I; j 47_3 Ld W '/ —'• f // I I////1 ^\\ 1 ill // /'——�_ \ \\ \ alga LLJ -� \\\\ 1 \ 1 1\ \ \ \ \ \ \ 2 \\/#193200/ / \ / ( \ 1\\\\\\\�\\\ \�� \ ♦} \1 \\\\\ \\ \\ \\\ I; j WEST WESI Section A—A EAST WEST= EAST „ Etl10n9 Frm•IreE .� . O EAST NOTE: HORIZONTAL AND VERTICAL SCALES ARE DIFFERENT vv■■My I v u l I Nw9yoNry ura. osn n.. neam.o �a_- SHEET ENOINEERINO I.m•ew� a°•9..": CLIENT NAME Eagle Trucking Inc./Frattalone Companies SHEET NO. �""°�°°"° , 1� �`� ""� PROJECT Pouliot Mining Site — Otsego, MN CROSS—SECTIONS A—A to D—D 10 14 935oys 9b Pl0 NIS 9T5 yiy � 9zo 9T0 ms 9is no wo Section A—A EAST WEST= EAST „ Etl10n9 Frm•IreE .� . O EAST NOTE: HORIZONTAL AND VERTICAL SCALES ARE DIFFERENT vv■■My I v u l I Nw9yoNry ura. osn n.. neam.o �a_- SHEET ENOINEERINO I.m•ew� a°•9..": CLIENT NAME Eagle Trucking Inc./Frattalone Companies SHEET NO. �""°�°°"° , 1� �`� ""� PROJECT Pouliot Mining Site — Otsego, MN CROSS—SECTIONS A—A to D—D 10 14 WES' WESI 955 gyy D 950 D 915 9 u V;G Db 9 F 835 a G'ad Bap 930 2%Grade 915 925 O 920 920 Section E—E wo 9)0 cas gay 3Bo B80 9a5 gyy 850 2 50 LL �. 915 B35 gay B O 930 2 % Grade 915 915 sed Grade 310 920 915 915 Section F—F --AST EAST D F ♦5 NORTH a SOUTH 93y 9 ftpoaea Grade $ e 9J0 Section G—G NOTE: HORIZONTAL AND VERTICAL SCALES ARE DIFFERENT /\ sul• ENGINEERING m•d�"�k^ �19gwae ° ,„,eo Eagle Trucking Inc Frattalone Companies CLIENT NAME g g ./ P SHEET SHEET NO. 53aer�d. — MM1It. Seo W9 tial. 55„0 Iv RSi�oµ��•w�. 11V �.Ee CROSS—SECTIONS E—E to G—G PROJECT POUIIOt Mining Site Otsego, MN 11 14 Bn,e. ea,-.il-3aii oro oro 9es Seo � vw oe5 NORTH 915 e °w 933 SOUTH 966 9w 935 ROeM60 C+oda � 925 Section H—H 9ro 665 9)0 990 965 955 950 NORTHm 9W SOUTH Av 9b 9]0 935 9 920 WHsr LM x ZO BMow 99s L6r 900 15 BJO 920 Section 1-1 9a ax 910 9]0 NORTH Ew (ii606 � F 93a SOUTH 920 WS 925 925 9f5 Section J—J 6 NOTE: HORIZONTAL AND VERTICAL SCALES ARE DIFFERENT ENOINEERINO c.ro.m �^�:.a'6..� r w::�. CLIENTNAMEEagle Trucking Inc.�Frattalone Companies SHEET SHEET NO. PROJECT Pouliot Minin Site — Otsego, MN g 9 �z �a 66b557,o TREL 111 ,, ,,, , �q _, CROSS—SECTIONS H—H to J—J ENviRoNmENTALAsSESSMENT WORKSHEET Note to preparers: This form is available at www.mnplan.state.mn.us. EAW Guidelines will be available in Spring 1999 at the web site. The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects. The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared. The project proposer must supply any reasonably accessible data for — but should not complete — the final worksheet. If a complete answer does not fit in the space allotted, attach additional sheets as necessary. The complete question as well as the answer must be included if the EAW is prepared electronically. Note to reviewers: Comments must be submitted to the RGU during the 30 -day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information, potential impacts that warrant further investigation and the need for an EIS. 1. Project Title: ISD 728/Pouliot Mining Permit #8 2. Proposer: Eagle Trucking, Inc./Frattalone Companies Contact Person Butch Belair and Title Project Manager Address 20920 Forest Road North Forest Lake, MN 55025 Phone 651-426-4141 Fax 651-426-6641 E-mail bltrail@,yahoo.com 4. Reason for EAW Preparation: EIS Mandatory Citizei Scoping EAW Petitio 3. RGU: Cityof Otsego Contact Person Judy Hudson and Title City Clerk Address 8899 Nashua Ave. NE Otsego, MN 55330 Phone 763-441-4414 Fax 763-441-8823 E-mail judy@,ci.otsego.mn.us RGU Proposer Discretion X Volunteered If EAW or EIS is mandatory give EQB rule category subpart number and name: 4410.4300 Subp 19 5. Project Location: County Wright City/Twp Otsego SE 1/4 1/4 Section 19 Township 121 Range Tables, Figures, and Appendices attached to the EAW.• • County map showing the general location of the project; (Exhibit A) • United States Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (photocopy acceptable); (Exhibit B) • Site plan showing all significant project and natural features. (Exhibit C, D) • Wetland Map; (Exhibit E) • MNDNR Natural Heritage Information; (Exhibit F) ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 23 • Soil Classification; (Exhibit G) • Data on Noise, Odors and Dust (Exhibit H) a. Provide a project summary of 50 words or less to be published in the EQB Monitor. The subject site is located on 100 acres in the center of the City of Otsego. The project consists of the excavation and export of approximately 946,460 cubic yards of sand and gravel. The site will be retuned to farmland when the operation is complete. b. Give a complete description of the proposed project and related new construction. Attach additional sheets as necessary. Emphasize construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes. Include modifications to existing equipment or industrial processes and significant demolition, removal or remodeling of existing structures. Indicate the timing and duration of construction activities. The site is 100 acres of which approximately 63.15 acres will be disturbed. The proposed excavation operation consists of 3 phases, Phase 1 - 2008, Phase 2 - 2009 and Phase 3 in 2010. The project will be in operation April — February from 7:00 am to 7:00 pm (daylight hours only) Monday thru Friday. Saturdays may be worked with prior permission from the City. It is proposed that the topsoil will be stripped from the phase area and stockpiled in a future phase. Once topsoil has been stripped, excavation and export operations would begin. When the export materials in the phase have been exhausted, the phase will be finish graded, topsoil re -spread and seeded. Erosion control blankets with seed will be placed on steep slopes. Once the phase has been restored, the operation will move to the next phase and the process will begin again. It is anticipated that there will be crushing operations at the site approximately two weeks per year. c. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. The project is being proposed by a private company. The excavated soils will help provide an economical source of sand and gravel for future public and private construction projects. d. Are future stages of this development including development on any outlots planned or likely to happen? ❑Yes ®No If yes, briefly describe future stages, relationship to present project, timeline and plans for environmental review. e. Is this project a subsequent stage of an earlier project? ❑ Yes ® No If yes, briefly describe the past development, timeline and any past environmental review. 7. Project Magnitude Data Total Project Area (acres) 100 acres (63.1disturbed) or Length miles) Number of Residential Units: Unattached 0 Attached 0 Commercial/Industrial/Institutional Building Area (gross floor space): Indicate area of specific uses (in square feet): Office NA Retail NA Warehouse NA Light Industrial NA maximum units per building Total square feet NA Manufacturing NA Other Industrial NA Institutional NA Agricultural NA NA 2 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 Other Commercial (specify) NA Building height NA If over 2 stories, compare to heights of nearby buildings NA 8. Permits and approvals required. List all known local, state and federal permits, approvals and financial assistance for the project. Include modifications of any existing permits, governmental review of plans, and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. Unit of Government Type of Application Status STATE Before After Pollution Control Agency NPDES Construction Permit To be obtained DNR Wetland Permit To be obtained LOCAL 0 0 Ci of Otsego Interim Use Permit To be obtained 9. Land use. Describe current and recent past land use and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas pipelines. The current and recent past use of the site is a farmstead with agricultural fields. The current and recent past uses of the adjacent lands are as follows: North — Agricultural Fields & Rural Single Family East — Agricultural Fields & Rural Single Family South — Agricultural Fields, Farmstead West — Agricultural Fields The majority surrounding area is in agricultural production and will likely remain in agricultural use for the foreseeable future. The location of the subject site is within an area where sanitary sewer and water services may be available within an estimated 10 —15 years. Until utilities are extended, the Comprehensive Plan directs a continuation of rural land uses and rural residential densities. There are no known recognized environmental hazards within the site. However, with any agricultural use there may be oil and/or gas present. If encountered, these items will be disposed of appropriately. 10. Cover Types. Estimate the acreage of the site with each of the following cover types before and after development: 11. Fish, Wildlife, and Ecologically Sensitive Resources. a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. 3 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 Before After Before After Types 1-8 wetlands 9.71 9.71 Lawn/landscaping 1 1 Wooded/forest 0 0 Impervious Surfaces 1 1 Brush/grassland 69.29 69.29 Storm Ponds 0 0 Cropland 19 19 TOTAL 100 100 11. Fish, Wildlife, and Ecologically Sensitive Resources. a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. 3 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 Natural habitats (totaling 100 acres) present on the site and utilized by wildlife resources include wetlands and hayfields/grasslands as quantified above. Agricultural uses including crop fields and pasture occupy the majority of the property and are also quantified and shown on Exhibit E. Types 1 and 3 wetlands make up 9.71 acres on the site (Exhibit E). Most of these wetlands have been degraded by farming, grazing, and drainage activities, and invasive vegetation. Wildlife that use the wetlands varies by type but would be expected to include common turtles, frogs and salamanders; a variety of waterfowl, waders, raptors, gamebirds, and songbirds; deer, furbearers, small mammals, and invertebrates. Intermittent fish habitat may be provided by Otsego Creek that was delineated within the boundaries of Wetlands 4 and 5. Otsego Creek is a DNR Protected Waterway and flows through the site from south to north. The creek and its adjacent wetland are not proposed for impact. Silt fence will be installed along the entire perimeter of the creek and constructed stormwater basins will prevent sediments from entering the creek and adjacent wetland. Cropland on the site provides limited food and cover for a few game and edge species such as white tailed deer and pheasant. Both white tailed deer and pheasant utilize cropland for food, however, cropland provides minimal cover value since it is only available during the growing season. The hayfield, and grassland (pasture) communities/habitats are dominated by planted and exotic disturbed field species such as alfalfa clover, Kentucky bluegrass, smooth brome grass, and reed canary grass. The mix of grasses and forbs does provide habitat for a few game and edge species such as those noted above for cropland when not actively grazed. In addition, due to the increased diversity and persistence of vegetation other species such as a few bird and mammal species will likely use this habitat for food, cover, and nesting/burrowing. Also, a larger diversity of invertebrates such as butterfly, beetle, and moth species likely utilize this habitat. However, due to the dominance of disturbed field species and lack of native vegetation, wildlife diversity is expected to be relatively low. Wooded areas of any significant acreage were included within the boundary of Wetland 4 and delineated as partially drained, forested wetland (PFO 1 Ad) along the section of creek located north of the driveway. Forested wetland is dominated by boxelder with an understory of stiff dogwood and lesser amounts of willow shrubs and trees. Forested wetland would not be directly impacted by the project. The proposed project would temporarily convert most of the cropland, hayfields, and pasture area to active excavation area; therefore, wildlife species utilizing these habitat communities would be temporarily affected by this project. Once the project is complete, this land will be restored to farmland (hayfields, pasture, and cropland). These habitats have been highly degraded by past land use activities, are utilized primarily by invasive and exotic edge dwelling species, and are found in abundance in the eastern Wright County region. Therefore, temporary impacts to wildlife species across the regional landscape would be minimal. b. Are any state (endangered or threatened) species, rare plant communities or other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies or regionally rare plant communities on or near the site? ® Yes ❑ No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources has been conducted and describe the results. If the DNR Natural Heritage and Nongame Research program has been contacted give the correspondence reference number. ERDB 20080112 Describe measures to minimize or avoid adverse impacts. According to the Minnesota Natural Heritage database report (Exhibit F), the proposed project site identified one element, Blanding's Turtles (Emydoidea blandingii), have been documented as occurring within a one - 4 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 mile radius of the project site. The report states that although there are no records of Blanding's Turtles within the project area, it may be possible this species utilizes the site if suitable habitat exists. According to Minnesota DNR Environmental Review Fact Sheet, Blanding's Turtles prefer calm shallow water, rich aquatic vegetation, and select open (i.e., grassy) uplands with sandy soils for nesting. Blanding's Turtles hibernate over winter in the muddy bottoms of deeper marshes and ponds, or other water bodies where they are protected from freezing. Wetlands l and 2 on the site are both seasonally flooded basins with little to no standing water throughout much of the season. These wetlands do not appear to provide suitable habitat for Blanding's Turtles. Upland adjacent to these wetlands is in crop and hayfield production, is mapped with loam soils, and is likely not used for nesting. Wetland 3 on the site is a shallow marsh wetland/drainageway with up to 6 inches of water in the center of the ditch. This wetland, and the excavated basin to its north, likely freeze to the bottom in the winter. The Environmental Review Fact Sheet does not consider excavation or deepening of wetlands (such as what has occurred to this wetland) to be beneficial for Blanding's Turtles habitat. Therefore, this wetland does not appear to provide suitable habitat for Blanding's Turtles. Upland soils are mapped as loams and clay loams, which are generally considered unsutiable for nesting. The majority of Wetland 4 on the site consists of a channelized ditch with steep (2:1) side slopes, border by loam soils. Wetland 5 consists of a steeply slopes (2:1) meandering creek channel, and lacks shallow water pockets. Based on the above information and habitat use as described in the Environmental Review Fact Sheet, these wetlands do not appear to provide suitable habitat for Blanding's Turtles. Upland adjacent to both Wetland 4 and Wetland 5 is in crop and hayfield production, is mapped with loam soils, and is likely not used for nesting. DNR recommendations for minimizing impacts to Blanding's Turtles will be incorporated into the project. These include the following: 1. Silt fencing will be set up to keep turtles out of active excavation areas, and then will be removed after construction. 2. Runoff from the site will be routed through sediment basins to protect wetlands that could provide Blanding's Turtle habitat. 3. An oversized (36 -inches in diameter or greater) culvert with an elliptical or flat bottom, to allow passage of turtles (and other wildlife), will be used for the haul road crossing over Wetland 3. The culvert will be removed upon project completion. 12. Physical Impacts on Water Resources. Will the project involve the physical or hydrologic alteration (dredging, filling, stream diversion, outfall structure, diking, and impoundment) of any surface waters such as a lake, pond, wetland, stream or drainage ditch? ® Yes ❑ No If yes, identify water resource affected. Describe alternatives considered and proposed mitigation measures to minimize impacts. Give the DNR Protected Waters Inventory (PWI) number(s) if the water resources affected are on the PWI. A haul road crossing will be constructed across Wetland 3 in the western portion of the site. The crossing will consist of an oversized culvert (at least 36 -inches in diameter) with an elliptical or flat -bottom. The culvert will be in place for the duration of the project. The wetland is expected to revert to pre -project conditions (reed canary grass and cattail dominated wetland/ditch) naturally once the culvert is removed. The crossing is expected to impact 900 square feet of Type 3 wetland. Because the duration and amount of proposed impacts appears to exceed regulatory allowances, it is likely that a wetland replacement plan for this impact will be required by the City and the Army Corps of Engineers. Due to the small amount of 5 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 impact, the wetland replacement will likely be accomplished through the purchase of wetland bank credits in accordance with Wetland Conservation Act and Section 404 rules. Alternatives to the proposed wetland crossing were considered during the planning of this project. For safety concerns, other possible haul routes were eliminated due to limited roadway and shoulder widths on other possible routes. The City will only allow site access the intersection of Maciver Avenue. and 8e Street. Due to a change in drainage patterns, Wetland 1 and Wetland 2 may have a portion of their drainage areas removed. This will be investigated prior to construction. If required, an alteration to the plans or appropriate mitigation measure will be implemented. 13. Water Use. Will the project involve installation or abandonment of any water wells, connection to or changes in any public water supply or appropriation of any ground or surface water (including dewatering)? ❑ Yes ® No If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to be made, and water quantities to be used; the source, duration, quantity and purpose of any appropriations; and unique well numbers and DNR appropriation permit numbers, if known. Identify any existing and new wells on the site map. If there are no wells known on site, explain methodology used to determine. Soil boring and cross sections were prepared as part of the project plans. Through this exercise, it was determined that proposed excavations will be no closer than 10 feet to existing ground water. 14. Water -related land use management districts. Does any part of the project involve a shoreland zoning district, a delineated 100 -year flood plain, or a state or federally designated wild or scenic river land use district? ® Yes ❑ No If yes, identify the district and discuss project compatibility with district land use restrictions. Otsego Creek crossing the property from south to north near the east property line is a DNR protected waterway. The City has adopted a shoreland overlay district as part of the Zoning Ordinance consistent with DNR Water Management Rules and the proposed project will comply with applicable regulations as a condition of the interim use permit approval allowing for the operation. 15. Water Surface Use. Will the project change the number or type of watercraft on any water body? ❑ Yes ® No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. 16. Erosion and Sedimentation. Give the acreage to be graded or excavated and the cubic yards of soil to be moved: 63.15 acres; 946,460 cubic yards. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe any erosion and sedimentation control measures to be used during and after project construction. The contractor is required to obtain an NPDES Storm Water Permit. Measures to be taken during construction to control erosion included the following: 1. Silt fence to protect existing wetlands 2. Temporary sedimentation basins 3. Fiber blankets on steep slopes 4. Temporary seeding of areas not actively being worked in conformance with NPDES regulations 6 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 Erosion control Best Management Practices (BMP's) will be installed prior to construction and are subject to inspection of the City Engineer. These measures will be inspected weekly and after a 0.5" rain event in 24 hours in conformance with the NPDES permit. Maintenance on these BMP measures will be completed within the timeframes outlined in the NDPES permit. 17. Water Quality - Surface Water Runoff. a. Compare the quantity and quality of site runoff before and after the project. Describe permanent controls to manage or treat runoff. Describe any storm water pollution prevention plans. Three (one for each phase) temporary stormwater ponds will be constructed prior to the mining operations to prevent sediment from leaving the site. Ponds will be constructed prior to the start of each phase and are subject to inspection and approval by the City Engineer. Ponds will be cleaned as needed when determined by the City Engineer. Once excavation operations have been completed and vegetation established, the ponds will be removed. Silt fence and fiber blankets (on steep slopes) will also be used to control erosion. The surface of the site will be returned to pre project conditions at the conclusion of the project. No impervious surface will be added to site once project has been completed. Runoff will remain the same as pre project conditions. A SWPPP will be in place and enforced on the site. b. Identify routes and receiving water bodies for runoff from the site; include major downstream water bodies as well as the immediate receiving waters. Estimate impact runoff on the quality of receiving waters. Runoff will leave the site via Otsego Creek. During the period that the project is operational, water leaving the site will be treated with temporary sedimentation basins. The size of the temporary sedimentation basins are subject to review and approval of the City Engineer. Once project has been completed and vegetation established, ponds will be removed. There is no anticipated adverse impact to receiving waters caused by the proposed project. 18. Water Quality — Wastewater. a. Describe sources, composition and quantities of all sanitary, municipal and industrial wastewater produced or treated at the site. The only source of wastewater at the site will be from employees working at the site. There will be a portable restroom facility located at the site. There is also an existing home on the site that will remain. The home's individual sewage treatment system will not be impacted by the project. b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment. Identify receiving waters, including major downstream water bodies, and estimate the discharge impact on the quality of receiving waters. If the project involves on-site sewage systems, discuss the suitability of site conditions for such systems. The portable restroom located on the site will be pumped once a week, or more frequently if needed. If wastes will be discharged into a publicly owned treatment facility, identify the facility, describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes, identifying any improvements necessary. Only wastes from site will be from portable restroom. Waste from the portable restroom will be transported to and processed at the Blue Lake Sanitary Facility in Shakopee, MN. 7 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 If the project requires disposal of liquid animal manure, describe disposal technique and location and discuss capacity to handle the volume and composition of manure. Identify any improvements necessary. Describe any required setbacks for land disposal systems. Not applicable. 19. Geologic hazards and soil conditions. a. Approximate depth (in feet) to Ground water: 0' minimum; 6' average. Bedrock: >60' minimum; >60' average. Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. There are no known sinkholes, limestone formations, or karst conditions on the site. b. Describe the soils on the site, giving SCS classifications, if known. Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils. Discuss any mitigation measures to prevent such contamination. Soils on the site consist of clay, sand and sandy gravel (see Exhibit G). The only anticipated chemicals onsite would fuel for the excavation equipment. Fueling of excavation equipment will be performed by a fuel truck. No storage tanks will be present onsite. If a fuel spill occurs during fueling by the fuel truck, the State Duty officer will be notified, and the area will be cleaned in conformance with State regulations. 20. Solid Wastes, Hazardous Wastes, Storage Tanks. a. Describe types, amounts and compositions of solid or hazardous wastes, including solid animal manure, sludge and ash, produced during construction and operation. Identify method and location of disposal. For projects generating municipal solid waste, indicate if there is a source separation plan; describe how the project will be modified for recycling. If hazardous waste is generated, indicate if there is a hazardous waste minimization plan and routine hazardous waste reduction assessments. The excavation of this site is not anticipated to generate any hazardous waste. Construction debris will be collected from the site and disposed of in accordance with the Otsego Zoning Ordinance and City Code. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimize or eliminate the waste, discharge or emission. During construction, vehicles containing fuel will be present on site. C. Indicate the number, location, size and use of any above or below ground tanks to store petroleum products or other materials, except water. Describe any emergency response containment plans. Fueling of equipment on the site will be by fuel truck. No fuel tanks will be located on site. 21. Traffic. Parking spaces added: NA Existing spaces (if project involves expansion): NA Estimated total average daily traffic generated: 184 Trips/Day Estimated maximum peak hour traffic generated (if known) and its timing: 18.4 Trips/Hour Provide an estimate of the impact on traffic 8 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 congestion affected roads and describe any traffic improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on the regional transportation system. The only haul route will be leaving the site on the south side of the site exiting on MacIver Avenue at 80`'' Street, traveling south on MacIver Avenue to CSAH 37. From CSAH 37, haul vehicles may go east to Trunk Highway 101 or west to Interstate -94 or CSAH 19. MacIver Avenue is an improved major collector with the capacity of 12,000-16,000 trips per day consistent with the Otsego Comprehensive Plan and Northeast Wright County Transportation Plan. CSAH 37 is also designated as a major collector street by the Otsego Comprehensive Plan and Northeast Wright County Transportation Plan. The traffic generation estimates above are based on 10 months operating per year, 10 hours per day and 5 days a week of operation. It is anticipated that peak hour traffic will not be recognized and the City Engineer finds adequate capacity exists of the proposed haul routes to accommodate traffic generated by the proposed use. 22. Vehicle -related Air Emissions. Estimate the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. Note: If the project involves 500 or more parking spaces, consult EAW Guidelines about whether a detailed air quality analysis is needed. A carbon monoxide analysis is not required for this project, as the state and federal guidelines are not exceeded and there are not more than 500 parking spaces. Equipment used on site will run on diesel fuel. With the small amount equipment to be used on the site, vehicle related emissions are expected to have minimal impact. (See Exhibit H for data on odors). Studies done regarding diesel fumes as a carcinogen to humans have been inconclusive. (See Report on Carcinogens- I lb Edition). 23. Stationary Source Air Emissions. Describe the type, sources, quantities and compositions of any emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust sources. Include any hazardous air pollutants (consult EA WGuidelines for a listing), any greenhouse gases (such as carbon dioxide, methane, and nitrous oxides), and ozone-depleting chemicals (chlorofluorocarbons, hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride). Also describe any proposed pollution prevention techniques and proposed air pollution control devices. Describe the impacts on air quality. The project has the potential to generate fugitive dust, which would mainly come from exposed soils. (See Exhibit H for data on dust). Dust control measures will include use of water or other dust control chemicals to minimize the potential of fugitive dust and will be applied as determined necessary by the City Engineer. Also, the project is being proposed in 3 phases to reduce the amount of exposed soils. Once a phase has been completed, vegetation will be established removing the possible source of fugitive dust from exposed soils. 24. Odors, noise and dust. Will the project generate odors, noise or dust during construction or during operation? ® Yes ❑ No If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) Since the project is located in a rural location, the population near the site is low. There are approximately 28 single family dwellings on rural parcels within a one mile radius of the site. No potential impacts, other than those listed below, is anticipated to affect human health or quality of life. (See Exhibit H for data on noise, odors and dust). 9 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 There will be excavation near existing wetlands on the site. The wetlands will be protected during construction and post construction as described in paragraph , until vegetation is established, to ensure no negative impacts. The existing condition generates noise, dust and odors associated with agriculture uses. This is similar to the existing surrounding area. The excavation operation is expected to generate noise and dust as with any construction. Although, diesel fumes are known to be harmful in large doses, the small amount of equipment to be used on the site is expected to have minimal impact. Studies done regarding diesel fumes as a carcinogen to humans have been inconclusive.(See Report on Carcinogens- 11`h Edition.) Post -construction, the project will be returned to its current state for agricultural uses. Construction Noise The Contractor will work cooperatively with the City reduce noise impacts. The hours of operation per City Ordinance will be limited to 7:00 am — 7:00 pm. (Limited to daylight hours). Dust During construction, particulate emission will temporarily increase due to generation of fugitive dust. The following will be required to control dust during construction: 1. Temporary seeding and staging plans will be required to be submitted by the Contractor and review by the City. 2. Street sweeping will occur to remove dirt that has been tracked onto adjacent roads during construction. Additional street sweeping will be performed at the direction of the City Engineer or Public Works Supervisor. 3. Rock construction entrances as required by the Otsego Engineering Manual will be used and maintained in conformance with the NPDES permit. 4. Exposed areas will be sprayed with water or other dust control chemicals if dust is traveling beyond the site limits. Additional dust control will be applied as directed by the City Engineer. Odors The construction and/or operation of this project is not anticipated to involve any processes or materials that would generate any significant odors. 25. Nearby resources. Are any of the following resources on or in proximity to the site? a. Archaeological, historical, or architectural resources? ❑ Yes ® No b. Prime or unique farmlands or land within an agricultural preserve? ❑ Yes ® No C. Designated parks, recreation areas, or trails? ❑ Yes ® No d. Scenic views and vistas? ❑ Yes ® No e. Other unique resources? ❑ Yes ® No If yes, describe the resource and identify any project -related impacts on the resources. Describe any measures to minimize or avoid adverse impacts. 26. Visual impacts. Will the project create adverse visual impacts during construction or operation such as glare from intense lights, lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? ❑ Yes ® No If yes, explain. 10 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 Construction operations will be limited to daylight hours only. 27. Compatibility with plans and land use regulations. Is the project subject to an adopted local comprehensive plan, land use plan or regulation, or other applicable land use, water, or resource management plan of a local, regional, state or federal agency? ® Yes ❑ No If yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will be resolved. If no, explain. Otsego adopted a Comprehensive Plan in 2004 that guides the subject site for future low density residential development within Urban Service Expansion Area WI when sanitary sewer and water utilities are available. In accordance with the Interim Land Use Plan established by the Comprehensive Plan, the subject site is zoned A-1, Agricultural Rural Service District and is also within the Shoreland Overlay District of Otsego Creek. Excavation of more than 50 cubic yards of material from a site within the A -I District requires an interim use permit when not related to a development plan subject to other zoning or subdivision approvals. Chapter 24 of the Zoning Ordinance establishes specific performance standards applicable to excavation operations. Chapter 92 of the Zoning Ordinance establishes performance standards specific to land uses within the Shoreland Overlay District to prevent any impacts to sensitive natural areas. The City Engineer has drafted a technical review of the proposed project relative to the requirements of Chapters 24 and 92 of the Zoning Ordinance and finds the use to be in compliance. The interim use permit is subject to review by the Planning Commission as part of a required public hearing and approval of the City Council, which may include additional conditions to address potential impacts and compatibility issues related to the proposed use in addition to compliance with established performance standards. 28. Impact on infrastructure and public services. Will new or expanded utilities, roads, other infrastructure or public services be required to serve the project? ❑ Yes ® No If yes, describe the new or additional infrastructure or services needed. (Note: any infrastructure that is a connected action with respect to the project must be assessed in the EAW; see EAW Guidelines for details.) A temporary 30' wide gravel haul road will be required for the duration of the project. Upon project completion, the road will be removed. The haul route from the site will be traveling south on MacIver Avenue. As described in Paragraph 21, public streets have adequate construction and design capacity to accommodate traffic generated by the proposed use. No other impacts to public infrastructure will occur. 29. Cumulative impacts. Minn. R. 4410.1700, subp. 7, item B requires that the RGU consider the "cumulative potential effects of related or anticipated future projects" when determining the need for an environmental impact statement. Identify any past, present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts. Describe the nature of the cumulative impacts and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate item(s) elsewhere on this form). There are no other known future projects that will generate cumulative impacts. 30. Other Potential Environmental Impacts. If the project may cause any adverse environmental impacts not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. There are no other known potential environmental impacts associated with this development. 31. Summary of issues. List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit 11 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 conditions. It is proposed that wetland credits will need to be purchased. This issue may require further investigation and is subject to City approval of a wetland permit. 12 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 RGU CERTIFICATION. I hereby certify that: • The information contained in this document is accurate and complete to the best of my knowledge. • The EAW describes the complete project; there are no other projects, stages or components other than those described in this document, which are related to the project as connected actions or phased actions, as defined at Minn. R. 4410.0200, subps. 9b and 60, respectively. • Copies of this EAW are being sent to the entire EQB distribution list. Name and Title of 001, Signer: l D. Daniel Licht, AICP Senior Planner Northwest Associated Consultants, Inc. 4800 Olson Memorial Highway, Suite 202 Golden Valley, MN 55422 Phone: 763.231.2555 Facsimile: 763.231.2561 dlicht(&nacplanning.com NAC serves the City of Otsego as City Planner. Date: 7 January 2008 The format of the Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at Minnesota Planning. For additional information, worksheets or for EAW Guidelines, contact: Environmental Quality Board, 658 Cedar St., St. Paul, MN 55155, 651-296-8253, or at their Web site http://www.mnplan.state.mn.us. 13 ISD 728/Pouliot Mining Permit #8 Otsego, Minnesota January 2008 EXHIBIT A JEXHIBIT B 'r f? , rti ANc; Image Courtesy of the U.S. Geological Survey (e) 2004 Microsoft Corporation. Terms of Use Privacy Statement �� \r _ / X192203 / \ \ \ \ \ \ ` o �(j " odo \ \ \ 111 �__�� \\� ��_� _ \� ♦ 1 \ \ I / �z / 1 �-\ \ �_♦ / \ \ •�,\ \\ \ 'moi\\ \ �� �``�-� � \ \ \ \ \ � \ / I 1 I p�\� _11 I _ \ 1 1\\ \ 1 1 1\`"\\ �/` _.,� `\�_.--- _1 /l / / \\ 1 I 1► \\ 1111 I I \ 1 � / ¢, `` I ► i ► �-' ." \ � \ \\ : / ' .- �/// / / _ \ 1'11 1 \ I �1 If 8457-30 JI X11\\I}\\\\0\ 1\1\ l\ I \\I 1�\\ \ \\\\\\ /#193200// i \\\\\\�\\�\\\\\ \ ) \\ ^\ z`� j 1�\\\ \ 1 1 1 1 \ \ I 10 jl�\�\\ \��I • „ II IN I It 71 OK EXHIBIT E Site Boundary Land Use Observed During May 2007 Site Visit (2003 Aerial Photograph) Engle Trucking Site (KES No. 2007-049) Otsego. Minnesota fOLNAUC E,N-IRoN)4ErrrwisexvtcEscoMPA-%'Y +N 1 inch - 550 feet EXHIBIT F Minnesota Deparnnent of N It1. rel Res—out-ccs Ntrluml t&"Hg s atxd Nuage rc Rexam+ ftWwa, Mw 25 7(] Lafayette F mid St. Paul, rvl:rn,aso:a 55155 4025 l'lramc_ (651) 259-5109 Vax: (651) 291x1$11 E-mail: liisajoyaWa-stde_maae August 13, 2007 Mq. Melissa Barrett Kjolhaug Fnvir nunCAtal SeMces Company, I= 26105 Wild Rose lane Shorewood, MN 55331 Re: Request for Natural Heritage infom%ation for vicinity of proposed rap le'Ituckittg Mining Project, T121N R23W Section 19, Wright County 'NHNRP Cotdact *: ERDB 20080112 Dent Ms. Barrett, '111 NtinnesotaNatarraI Heritage datalvw bw been mviewed to determine if any rare plant or animal species or other significant natural ti res ane known to occur within an appy udmate one -mile radius of the area indicaW oa the map emkos d wiih your information request. Based on this review, there are 2 known occtn -en es of ran' specie or native plant communities in the area searched (for details, please see the claclowd database printouts and the explanation ofsetected fields). Following arse specific comments for only thane ele meals thatmay be impacted by the proposed project. Rare frame occun•enm not listed below are not anticipated to be aflectod by the proposed pr*jecw Blandi ng's Turtles (F.rnydvidw blra~), a shiRo-listed tlueatered!ipedes, have been nepoat d from the vicinity of the pccuject area. Abbough we have no records fn>'m directly within the project area, it is possible that turtles exist in the area if there is suitable habitat on the site, Blandiing's Tuurtles Wend mach of *p it time in shallow wetlands (1-3 feel dwp), but they tle st in open, sandy uplands up to 1 mile from wetlands, Nesting is in June and eggs hffich in September, at which time young turtles lender deep wahtnds where they over -winter in soft sediments. Factors believed to caonuibute to the decline of this species hicluc wetland drainage and degradation, de°velopmgnri on upland nesting areas, and powibly collection for the pct trade_ in addition, bExayse of the tendency for landing's Turtles totmvei long distances overland, they are often forced to cross ruads in devekgmd areas. Many of the rmoWs we have of $landing's rurtles are from turtles killed crossing roads. 1"or your information, l have attached a fact sheet and a flyer about the Blandings 'Turtle. The fact sheet is intcnded to provide you with background information regarding habitat use, litre history, and reawns for the species' decline, as well as recommendalions for avoiding and minimizing i mpacts to thio rare turtte. As you will note, there are two lists of reomtwwndations. "e first list contains recommendations to prevent harm to turtles during construction work, and is relative U) all areas inbabited by Blandings Tu ttes. Pleaw refer to this first list of recommendatimsfor your project. The second colromexpandson dhefimteolumn,and contains gm*er prutective measures to be considered for areas known to be of stale -wide importance to Blandinleg Turtles, or any area. where greaterprotecdon forturtles is desired. Your project area is not within one of these priority areas. The flyer, which should be giver, to al l contractors working in the area,, contains an illustnni-txt and degc:ciption of the Blandings Turtle, as well as a stmtmary or the recommendatiom-i provided in the fact sheet. DVR fniorn aloe ra 1-8884W-6367 M T1Y- 651-295-5484 a I 0 ' L57-15329 An F.-qual Opportunity Employe; VAo Values Diversity The Natural Heritage database is maintained by the Natural Heritage and Nongame Research Program, a unit within the Division of Ecological Resources, Department of Natural Resources. It is continually updated as new information becomes available, and is the most complete source of data on Minnesota's rare or otherwise significant species, native plant communities, and other natural features. Its purpose is to foster better understanding and protection of these features. Because our information is not based on a comprehensive inventory, there may be rare or otherwise significant natural features in the state that are not represented in the database. A county -by -county survey of rare natural features is now underway, and has been completed for Wright County. Our information about native plant communities is, therefore, quite thorough for that county. However, because survey work for rare plants and animals is less exhaustive, and because there has not been an on-site survey of all areas of the county, ecologically significant features for which we have no records may exist on the project area. The enclosed results of the database search are provided in two formats: short record report and long record report. To control the release of locational information, which might result in the damage or destruction of a rare element, both printout formats are copyrighted. The short record report provides rare feature locations only to the nearest section, and may be reprinted, unaltered, in an Environmental Assessment Worksheet, municipal natural resource plan, or report compiled by your company for the project listed above. If you wish to reproduce the short record report for any other purpose, please contact me to request written permission. The long record report includes more detailed locational information, and is for your personal use only. If you wish to reprint the long record report for any purpose, please contact me to request written permission. Please be aware that review by the Natural Heritage and Nongame Research Program focuses only on rare natural features. It does not constitute review or approval by the Department of Natural Resources as a whole. If you require further information on the environmental review process for other natural resource - related issues, you may contact your Regional Environmental Assessment Ecologist, Mike North, at (320) 255-4279. An invoice in the amount of $72.58 will be mailed to you under separate cover within two weeks of the date of this letter. You are being billed for the database search and printouts, and staff scientist review. Thank you for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources. Sincerely, Lisa Joyal Endangered Species Environmental Review Coordinator encl: Database search results Rare Feature Database Print -Outs: An Explanation of Fields Fact sheets: Blanding's Turtle The Natural Heritage & Nongame Research Program recently adopted a new database system called Biotics. As a result of this change, the layout and contents of the database reports have been revised. Many of the fields included in the new reports are the same or similar to the previous report fields, however there are several new fields and some of the field definitions have been slightly modified. We recommend that you familiarize yourself with the latest field explanations. Rare Features Database Reports: An Explanation of Fields The Rare Features database (Biotics) is part of the Natural Heritage Information System, and is maintained by the Natural Heritage and Nongame Research Program, a unit within the Division of Ecological Resources, Minnesota Department of Natural Resources (DNR). **Please note that the print-outs are copyrighted and may not be reproduced without permission** Field Name: [Full (non -abbreviated) field name, if different]. Further explanation of field. _E_ Element Name and Occ #: [Element Name and Occurrence Number]. The Element is the name of the rare feature. For plant and animal species records, this field holds the scientific name followed by the common name in parentheses; for all other elements (such as native plant communities, which have no scientific name) it is solely the element name. Native plant community names correspond to Minnesota's Native Plant Community Classification (Version 2.0). The Occurrence Number, in combination with the Element Name, uniquely identifies each record. EO Data: [Element Occurrence Data]. For species elements, this field contains data collected on the biology of the Element Occurrence* (EO), including the number of individuals, vigor, habitat, soils, associated species, peculiar characteristics, etc. For native plant community elements, this field is a summary text description of the vegetation of the EO, including structure (strata) and composition (dominant/characteristic species), heterogeneity, successional stage/dynamics, any unique aspects of the community or additional noteworthy species (including animals). Note that this is a new field and it has not been filled out for many of the records that were collected prior to conversion to the new database system. Some of the information meeting the field definition may be found in the General Description field. EO ID#: [Element Occurrence Identification Number]. Unique identifier for each Element Occurrence record. EO Rank: [Element Occurrence Rank]. An evaluation of the quality and condition of an Element Occurrence (EO) from A (highest) to D (lowest). Represents a comparative evaluation of: 1) quality as determined by representativeness of the occurrence especially as compared to EO specifications and including maturity, size, numbers, etc. 2) condition (how much has the site and the EO itself been damaged or altered from its optimal condition and character). 3) viability (the long-term prospects for continued existence of this occurrence - used in ranking species only). EO Ranks are assigned based on recent fieldwork by knowledgeable individuals. Extent Known?: A value that indicates whether the full extent of the Element is known (i.e., it has been determined through field survey) at that location. If null, the value has not been determined. -F- Federal Status: Status of species under the U.S. Endangered Species Act: LE =endangered; LT =threatened; LE,LT =fisted endangered in part of its range, listed threatened in another part of its range; LT,PDL = listed threatened, proposed for delisting; C = candidate for listing. If null or "No Status" the species has no federal status. First Observed Date: Date that the Element Occurrence was first reported at the site in format YYYY-MM-DD. A year followed by "Pre" indicates that the observed date was sometime prior to the date listed, but the exact date is unknown. -G- General Description: General description or word picture of the area where the Element Occurrence (EO) is located (i.e., the physical setting/context surrounding the EO), including a list of adjacent communities. When available, information on surrounding land use may be included. Note that the information tracked in this field is now more narrowly defined than it was in the old database system, and some of the information still in this field more accurately meets the definition of the new EO Data field. We are working to clean up the records so that the information in the two fields corresponds to the current field explanations described herein. Also note that the use of uppercase in sentences in this field is not significant but rather an artifact of transferring data from the old database system to the new system. Global Rank: The global (i.e., range -wide) assessment of the relative rarity or imperilment of the species or community. Ranges from GI (critically imperiled due to extreme rarity on a world-wide basis) to G5 (demonstrably secure, though perhaps rare in parts of its range). Global ranks are determined by NatureServe, an international network of natural heritage programs and conservation data centers. -L- Last Observed Date: Date that the Element Occurrence was last observed to be extant at the site in format YYYY-MM-DD. Last Survey Date: Date of the most recent field survey for the Element Occurrence, regardless of whether it was found during the visit. If the field is blank, assume the date is the same as the Last Observed Date. Location Description: County or Counties in which the Element Occurrence was documented followed by Township, Range, and Section information (not listed in any particular order). Each unique Township, Range, and Section combination is separated by a comma. In some cases, there are too many Township, Range, and Section combinations to list in the field, in which case, the information will be replaced with, "Legal description is too lengthy to fit in allotted space". -M- Managed Area(s): Name of the federally, state, locally, or privately managed park, forest, refuge, preserve, etc., containing the occurrence, if any. If this field is blank, the element probably occurs on private land. If "(Statutory Boundary)" occurs after the name of a managed area, the location may be a private inholding within the statutory boundary of a state forest or park. MN Status: [Minnesota Status]. Legal status of plant and animal species under the Minnesota Endangered Species Law: END = endangered; THR = threatened; SPC = special concern; NON = tracked, but no legal status. Native plant communities, geological features, and colonial waterbird nesting sites do not have any legal status under the Endangered Species Law and are represented by a N/A. -N- NP- Classification (v 1.5): Native plant community name in Minnesota's Native Vegetation: A Key to Natural Communities (Version 1.5). This earlier classification has been replaced by Minnesota's Native Plant Community Classification (Version 2.0). -O- Observed Area: The total area of the Element Occurrence, in acres, which is measured or estimated during fieldwork. If null, the value has not been determined. Ownership Type: Indicates whether the land on which the Element Occurrence was located was publicly or privately owned; for publicly owned land, the agency with management responsibility is listed, if known. -S- Site Name: The name of the site(s) where the Element Occurrence is located. Sites are natural areas of land with boundaries determined and mapped according to biological and ecological considerations. Survey Site #/Name: The name of the survey site, if applicable, where the Element Occurrence is located. Survey sites are sites that provide a geographic framework for recording and storing data, but their boundaries are not based on biological and ecological considerations. Minnesota County Biological Survey site numbers, if applicable, are also listed in this field. Survey Type: Information on the type of survey used to collect information on the Element Occurrence. Surveyor(s): Name(s) of the person(s) that collected survey information on the Element Occurrence. State Rank: Rank that best characterizes the relative rarity or endangerment of the taxon or plant community in Minnesota. The ranks do not represent a legal status. They are used by the Minnesota Department of Natural Resources to set priorities for research, inventory and conservation planning. The state ranks are updated as inventory information becomes available. S 1 = Critically imperiled in Minnesota because of extreme rarity or because of some factor(s) making it especially vulnerable to extirpation from the state. S2 = Imperiled in Minnesota because of rarity or because of some factor(s) making it very vulnerable to extirpation from the state. S3 = Vulnerable in Minnesota either because rare or uncommon, or found in a restricted range, or because of other factors making it vulnerable to extirpation. S4 = Apparently secure in Minnesota, usually widespread. S5 = Demonstrably secure in Minnesota, essentially ineradicable under present conditions. SH = Of historical occurrence in the state, perhaps having not been verified in the past 20 years, but suspected to be still extant. An element would become SH without the 20 -year delay if the only known occurrences in the state were destroyed or if it had been extensively and unsuccessfully looked for. SNR = Rank not yet assessed. SU = Unable to rank. SX = Presumed extinct in Minnesota. SNA = Rank not applicable. S#S# = Range Rank: a numeric range rank (e.g., S2S3) is used to indicate the range of uncertainty about the exact status of the element. S#B, S#N = Used only for migratory animals, whereby B refers to the breeding population of the element in Minnesota and N refers to the non -breeding population of the element in Minnesota. -V- Vegetation Plot: Code(s) for any vegetation plot data that have been collected within this Element Occurrence (i.e., either Releve Number or the word "RELEVE" indicates that a releve has been collected). * Element Occurrence — an area of land and/or water in which an Element (i.e., a rare species or community) is, or was, present, and which has practical conservation value for the Element as evidenced by potential continued (or historical) presence and/or regular recurrence at a given location. Specifications for each species determine whether multiple observations should be considered 1 Element Occurrence or 2, based on minimum separation distance and barriers to movement. Data Security Locations of some rare features must be treated as sensitive information because widespread knowledge of these locations could result in harm to the rare features. For example, wildflowers such as orchids and economically valuable plants such as ginseng are vulnerable to exploitation by collectors; other species, such as bald eagles, are sensitive to disturbance by observers. For this reason, we prefer that publications not identify the precise locations of vulnerable species. We suggest describing the location only to the nearest section. If this is not acceptable for your purposes, please call and discuss this issue with the Endangered Species Environmental Review Coordinator for the Natural Heritage and Nongame Research Program at (651) 259-5109. Revised 4/2006 Element Name and Occurrence Number Minnesota Natural Heritage & Nongame Research Program Short Record Report of Element Occurrences within 1 mile radius of: Eagle Truck Mining T121N R23W Section 19 Wright County Federal MN Status Status Page 1 of 1 State Global Last Observed Rank Rank Date EO ID # Sherburne, Wright County, MN Native Plant Community. Undetermined Class #2162 N/A SNR GNR 1979-06-07 24722 Location Description: T32N R27W S1, T32N R26W S6, T121N R23W S18 Wright County, MN Emydoidea blandingii (Blanding's Turtle) #348 THR S2 G4 1988-06-02 9000 Location Description: T121N R23W S20 Records Printed = 2 Copyright 2007 State of Minnesota DNR Printed 8/6/2007 Environmental Review Fact Sheet Series Endangered,11ireaterned, and Special Coneern Species of Minnesota Blanding's Turtle (Eingdoidea blandingii) Minnesota Status: Threatened State Rank': S2 Federal Status: none Global Rank': G4 HABITAT USE Blanding's turtles need both wetland and upland habitats to complete their life cycle. The types of wetlands used include ponds, marshes, shrub swamps, bogs, and ditches and streams with slow-moving water. In Minnesota, Blanding's turtles are primarily marsh and pond inhabitants. Calm, shallow water bodies (Type 1-3 wetlands) with mud bottoms and abundant aquatic vegetation (cattails, water lilies, etc.) are preferred, and extensive marshes bordering rivers provide excellent habitat. Small temporary wetlands (those that dry up in the late summer or fall) are frequently used in spring and summer -- these fishless pools are amphibian and invertebrate breeding habitat, which provides an important food source for Blanding's turtles. Also, the warmer water of these shallower areas probably aids in the development of eggs within the female turtle. Nesting occurs in open (grassy or brushy) sandy uplands, often some distance from water bodies. Frequently, nesting occurs in traditional nesting grounds on undeveloped land. Blanding's turtles have also been known to nest successfully on residential property (especially in low density housing situations), and to utilize disturbed areas such as farm fields, gardens, under power lines, and road shoulders (especially of dirt roads). Although Blanding's turtles may travel through woodlots during their seasonal movements, shady areas (including forests and lawns with shade trees) are not used for nesting. Wetlands with deeper water are needed in times of drought, and during the winter. Blanding's turtles overwinter in the muddy bottoms of deeper marshes and ponds, or other water bodies where they are protected from freezing. LIFE HISTORY Individuals emerge from overwintering and begin basking in late March or early April on warm, sunny days. The increase in body temperature which occurs during basking is necessary for egg development within the female turtle. Nesting in Minnesota typically occurs during June, and females are most active in late afternoon and at dusk. Nesting can occur as much as a mile from wetlands. The nest is dug by the female in an open sandy area and 6-15 eggs are laid. The female turtle returns to the marsh within 24 hours of laying eggs. After a development period of approximately two months, hatchlings leave the nest from mid-August through early -October. Nesting females and hatchlings are often at risk of being killed while crossing roads between wetlands and nesting areas. In addition to movements associated with nesting, all ages and both sexes move between wetlands from April through November. These movements peak in June and July and again in September and October as turtles move to and from overwintering sites. In late autumn (typically November), Blanding' s turtles bury themselves in the substrate (the mud at the bottom) of deeper wetlands to overwinter. IMPACTS / THREATS / CAUSES OF DECLINE • loss of wetland habitat through drainage or flooding (converting wetlands into ponds or lakes) • loss of upland habitat through development or conversion to agriculture • human disturbance, including collection for the pet trade* and road kills during seasonal movements • increase in predator populations (skunks, racoons, etc.) which prey on nests and young *It is illegal to possess this threatened species. Minnesota DNR Natural Heritage and Nongame Research Program Environmental Review Fact Sheet Series. Blanding' s Turtle RECOMMENDATIONS FOR AVOIDING AND MINIMIZING IMPACTS These recommendations apply to typical construction projects and general land use within Blanding's turtle habitat, and are provided to help local governments, developers, contractors, and homeowners minimize or avoid detrimental impacts to Blanding's turtle populations. List 1 describes minimum measures which we recommend to prevent harm to Blanding's turtles during construction or other work within Blanding's turtle habitat. List 2 contains recommendations which offer even greater protection for Blanding's turtles populations; this list should be used in addition to the first list in areas which are known to be of state-wide importance to Blanding's turtles (contact the DNR's Natural Heritage and Nongame Research Program if you wish to determine if your project or home is in one of these areas), or in any other area where greater protection for Blanding's turtles is desired. List 1. Recommendations for all areas inhabited by List 2. Additional recommendations for areas known to Blanding's turtles. be of state-wide importance to Blanding's turtles. GENERAL A flyer with an illustration of a Blanding's turtle should be Turtle crossing signs can be installed adjacent to road - given to all contractors working in the area. Homeowners crossing areas used by Blanding's turtles to increase public should also be informed of the presence of Blanding's awareness and reduce road kills. turtles in the area. Turtles which are in imminent danger should be moved, by Workers in the area should be aware that Blanding' s be hand, out of harms way. Turtles which are not in turtles nest in June, generally after 4pm, and should imminent danger should be left undisturbed. advised to minimize disturbance if turtles are seen. If a Blanding's turtle nests in your yard, do not disturb the Louwould like to provide more protection for a nest. Blandmg's turtle nest on your property, see "Protecting Blanding's Turtle Nests" c page 3 of this fact sheet. Silt fencing should be set up to keep turtles out of Construction in potential nesting areas should be limited to construction areas. It is critical that silt fencing be the period between September 15 and June 1 (this is the removed atter the area has been revegetated. time when activity of adults and hatchlings in upland areas is at a minimum). WETLANDS Small, vegetated temporary wetlands (Types 2 & 3) should Shallow portions of wetlands should not be disturbed not be dredged, deepened, filled, or converted to storm during prime basking time (mid morning to mid- afternoon left water retention basins (these wetlands provide important habitat during in May and June). A wide buffer should be along the to human near wetlands (basking spring and summer). shore minimize activity Blanding's turtles are more easily disturbed than other turtle species). Wetlands should be protected from pollution; use of Wetlands should be protected from road, lawn, and other fertilizers and pesticides should be avoided, and run-off chemical run-off by a vegetated buffer strip at least 50' from lawns and streets should be controlled. Erosion wide. This area should be left unmowed and in a natural should be prevented to keep sediment from reaching condition. wetlands and lakes. ROADS Roads should be kept to minimum standards on widths and Tunnels should be considered in areas with concentrations lanes (this reduces road kills by slowing traffic and the distance turtles to of turtle crossings (more than 10 turtles per yearper 100 in lower density if the level reducing need cross). meters of road), and areas of of road use would make a safe crossing impossible for turtles. Contact DNR Regional Nongame Specialist your for further information on wildlife tunnels. Roads should be ditched, not curbed or below grade. If Roads should be ditched, not curbed or below grade. curbs must be used, 4 inch high curbs at a 3:1 slope are preferred (Blanding's turtles have great difficulty climbing traditional curbs; curbs and below grade roads trap turtles on the road and can cause road kills). Minnesota DNR Natural Heritage and Nongame Research Program Environmental Review Fact Sheet Series. Blanding's Turtle. 1.1107111.1 6mi Culverts between wetland areas, or between wetland areas and nesting areas, should be 36 inches or greater in diameter, and elliptical or flat-bottomed. Wetland crossings should be bridged, or include raised roadways with culverts which are 36 in or greater in diameter and flat-bottomed or elliptical (raised roadways discourage turtles from leaving the wetland to bask on roads). Culverts under roads crossing streams should be oversized (at least twice as wide as the normal width of open water) and flat-bottomed or elliptical. Road placement should avoid separating wetlands from adjacent upland nesting sites, or these roads should be fenced to prevent turtles from attempting to cross them (contact your DNR Nongame Specialist for details). Road placement should avoid bisecting wetlands, or these roads should be fenced to prevent turtles from attempting to cross them (contact your DNR Nongame Specialist for details). This is especially important for roads with more than 2 lanes. Roads crossing streams should be bridged. UTILITIES Utility access and maintenance roads should be kept to a minimum (this reduces road -kill potential). Below -ground utility construction sites should be returned to original grade (trenches can trap turtles). LANDSCAPING AND VEGETATION MANAGEMENT Terrain should be left with as much natural contour as possible. Graded areas should be revegetated with native grasses and forbs (some non -natives form dense patches through which it is difficult for turtles to travel). Vegetation management in infrequently mowed areas -- such as in ditches, along utility access roads, and under power lines -- should be done mechanically (chemicals should not be used). Work should occur fall through spring (after October V and before June V). ). As much natural landscape as possible should be preserved (installation of sod or wood chips, paving, and planting of trees within nesting habitat can make that habitat unusable to nesting Blanding's turtles). Open space should include some areas at higher elevations for nesting. These areas should be retained in native vegetation, and should be connected to wetlands by a wide corridor of native vegetation. Ditches and utility access roads should not be mowed or managed through use of chemicals. If vegetation management is required, it should be done mechanically, as infrequently as possible, and fall through spring (mowing can kill turtles present during mowing, and makes it easier for predators to locate turtles crossing roads). Protecting Blanding's Turtle Nests: Most predation on turtle nests occurs within 48 hours after the eggs are laid. After this time, the scent is gone from the nest and it is more difficult for predators to locate the nest. Nests more than a week old probably do not need additional protection, unless they are in a particularly vulnerable spot, such as a yard where pets may disturb the nest. Turtle nests can be protected from predators and other disturbance by covering them with a piece of wire fencing (such as chicken wire), secured to the ground with stakes or rocks. The piece of fencing should measure at least 2 ft. x 2 ft., and should be of medium sized mesh (openings should be about 2 in. x 2 in.). It is very important that the fencing be removed before August 18 so the young turtles can escape from the nest when they hatch! REFERENCES 'Association for Biodiversity Information. "Heritage Status: Global, National, and Subnational Conservation Status Ranks." NatureServe. Version 1.3 (9 April 2001). http://www.natureserve.org/ranking.htm (15 April 2001). Coffin, B., and L. Pfannmuller. 1988. Minnesota's Endangered Flora and Fauna. University of Minnesota Press, Minneapolis, 473 pp. Minnesota DNR Natural Heritage and Nongame Research Program Environmental Review Fact Sheet Series. Blanding' s Turtle. 4 REFERENCES cont. Moriarty, J. J., and M. Linck. 1994. Suggested guidelines for projects occurring in Blanding's turtle habitat. Unpublished report to the Minnesota DNR. 8 pp. Oldfield, B., and J. J. Moriarty. 1994. Amphibians and Reptiles Native to Minnesota. University of Minnesota Press, Minneapolis, 237 pp. Sajwaj, T. D., and J. W. Lang. 2000. Thermal ecology of Blanding' s turtle in central Minnesota. Chelonian Conservation and Biology 3(4):626-636. Compiled by the Minnesota Department of Natural Resources Natural Heritage and Nongame Research Program, September, 2001 Endangered Species Environmental Review Coordinator, 500 Lafayette Rd., Box 25, St. Paul, MN 55155 / 651-259-5109 ii ar �. yr wv+ a0.d+ ctts 001 46C Oe41 Y.(1Gle: tiKll�151I'ib �pOv ' BCw--F.0vl • +ir_(1 y` b7 J�3�.1 .J�,� 1.0e601d!(wl -Cay iYlir Site ame hte Driller LG-Gravet l tainr 1s ao 34 30 /SS $rnd ST -;8k t •sol! ..-./[ i '•��� I �Q I � �� � � 1 � s .'(.% ( � Q Ijl 5 00 25 �0 ix 30 .,5 Hok i s fjr �' l ._�1� f iaeielWe (N) HO(c J:L 4l J�; .fir 1.■mod! lN1 a ` %? [,wood, (1i') Htlic 1) 5 10 U 2 ]a 35 liiafe01 � f.i a iaptu6sf(N) aq:CV, IA;- Loo�tnde(Sllj ` Hess is 30 15 liokm Ji.altw"ms e 1471glnLat(vi) EioJc 30 Ha]e i$-L1CrtuQi (ie) J[.o,ISlted�r (1v) Hae a s la 14 20 - 911 Hol!#9 Uni(' k (f'ii Lgegitudc (M f .lf o �1 9 LS as 90 3� Holy Hsk X71.9 1.nfihi111 {iV) _ .-,Iivac MI holt si I ieleia+Y?!V) fagiln do (►k) f(p;; ;" i .thud! ih-) Ltmviladc (W) 35 Role 04 LxingoOq b7 J�3�.1 .J�,� 1.0e601d!(wl i s10 1s ao 34 30 /SS Se1e95!j+-� lartlabe (iV) �,� ! 1.ottiiip'h(�7 Hole � 5 i(i li 30 ly -is HO(c J:L 4l J�; .fir 1.■mod! lN1 a ` %? [,wood, (1i') x f I !ate �+ 1 f J 3 iB i3 3D Z3 30 SS • iink i/7 7S,T,� I��txtHuOl f-_�i? L"'7.T Jae �'� it i.Gn�fiidi(� EioJc 30 Ha]e i$-L1CrtuQi (ie) J[.o,ISlted�r (1v) Hae a s la 14 20 - 911 Hol!#9 Uni(' k (f'ii Lgegitudc (M f .lf o �1 9 LS as 90 3� Holy Hsk X71.9 1.nfihi111 {iV) _ .-,Iivac MI holt si I ieleia+Y?!V) fagiln do (►k) f(p;; ;" i .thud! ih-) Ltmviladc (W) fA11°pai�aa-i 6 W2PRIll •'�jr� CINPI�ii [i53 alwUJua7 �� /r f � � � � - rNl iprtilyv�""�"' ' •—��, T?r �TaSi :i Q6 '-Z 6i S S �!•-��— I r •a I Ifo [M}tiarl" Y"""i Sf 0£ 5T 0L ST L e 'tali rkV }pursSao'I lo & (N) aORNI�T d of �: f i 8:°ICK •. r /� ".i Si 0f iC 0t 6t 01 i 6� ;7 ;ION (,.l } �, G cc 91 SE or 01 S ° r r1� ar ter' f (AdJ �Plw r � S£ 0£SL bL SI 01 S ( i� l- -� C r r Ih0gni ,f v n0 a pr.tojS � SE BE Q= St Ul i 57 1 410H (61)'Pa4pa ;7cj� gl�lv►l 5f CIE 9Y lz Fr QL 7-7 :•�* F �OIl P Ql)'jPmpvl—ar-" ZN wN - r or Of SZ 4< SL 01 5 a16� [,� ipai�ua3 d^ .t iF .. v � �BaiNNi ✓ E: alaH d PC R SI J OY J • Y ' �aloH ' �gS•AS "PIA -A QQES-S eosao -i 12upa oi$Q OMSK a.1� . 46ino�rJ der? iJ77'� .. _• ~ y ft --ANT 177nVW TVQQ QS! TOR YVR L5:01 L0GX/0C/2T 171/1DIZOUT 10:4f rn.a tf51 COO 0641 1AUVIAIM7 'd7.. L •; 1K f�.hk cry Gtoarr Site Name Date Driller T TopsoU W-'Naic s•Sdnd S9' -Sift aL Hole r 5 10 b L'�� Holt 2s alr l: i f�t [. ft k (N3 e l ler % �Ie9gisade f� } xz z 10 r u 2a :s SO 35 a d Holt* k? f� • R �% 1AMPOle (M Q l le _Y14 a OVf d- M Ste!%IGS' 3• to v as '30 35 flak kd LxSltuJc (N) all � jL % 1 % J.M8lktdkM Mok f W07 C L ,xr+ 25 30 3,; aa�md-s4"!j Tzetmkf) ��il_�R. ! t9tuec[ag C Hatt S* I/-� !�_ � LaiisYs3e(itiI iam de�Yj f V ic s v in iL is 20 L f Is 37,J Kolt _ Hrk�Y9 :,�'rai(p��.?_�. L179Mde&4l ft�� A;7_ IauaglNdi(tiYf Holt a s ►o Hok mk as --�--- _ J 2s 30—"'3s i t im G'P J 7- 7% LaaRJa t m HOk f 3 19 ag ay 23 9p ]S 'fink a _ iR a is R0 35 30S ts9xxt! (_ . F ' y3.a!sada iN3 a_ Lm irttuat(W) i '" ,� •$� •,•,:: _ate.: - D `�c Hcl: A!;, :, ^ •'��;`�` LasgVdf 11� '• � 3.{ i+ .• - Laag5p»Ae jw� EXHIBIT H NOISE LEVELS A crusher will generate the most noise of the equipment used onsite. It is anticipated that crushing operations will take place a few weeks per year and not be a continuous operation. Noise levels for agricultural properties under MPCA rules are listed in the Table below. The L 10 is the level exceeded 10% or six minutes of the hour. The L50 is the level exceeded 50% or 30 minutes of the hour. MPCA NOISE STANDARDS Time Period L 10 (dBA) L50 dBA Daytime 7 am - 10 m 80 75 Nighttime 10 m- 7 am 80 75 Sound levels of the crusher proposed to be used on the project were monitored at a gravel pit in Washington County on November 12, 1999. Sound levels were measured at a number of different locations around the crusher. A summary of the readings and observed overall sound levels is dBA are presented in the table below. Sound # Location Level (dBA) Remarks 1 50' east of crusher 90.6 Perpendicular to conveyor axis 2 100' east of crusher 84.6 Perpendicular to conveyor axis 3 200' east of crusher 78.6 Perpendicular to conveyor axis 4 00' north of crusher 72.6 Affected by nearby loader 5 200' north of crusher 71.2 In line with conveyor axis 6 750' west of crusher 66 Perpendicular to conveyor axis 7 750' west of crusher 46.6 Behind large berm 8 200' north of roadway 61.2 Truck passing on roadway 9 East of May Ave 41.3 mbient west of quarry 10Adjacent to Residence 33.2 mbient north of quarry The observed sound levels measured at different distances were consistent with the theoretical decay of sound level with distance from a sound source. The readings also demonstrated that the sound level associated with the crusher is approximately 7dBA along the conveyor axis compared with levels perpendicular (to the side) of the conveyor axis where more of the crushing machinery is exposed. On the proposed ISD 728/Pouliot Mining Project the nearest roadway is approximately 600 feet and the nearest residence is approximately 750 feet from the proposed crusher location. EXHIBIT H (page 2) DUST (Particulate Mater) The following is the National Ambient Air Quality Standards for Particle Pollution as defined by the EPA's Clean Air Act. The proposed ISD 728/Pouliot Mining Project will not exceed these standards. National Ambient Air Quality Standards for Particle Pollution Pollutant Primary Stds. Averaging Times Secondary Stds. Particulate Matter Revoked ( i) Annual(1)(Arith. Pl Mean 150 pg/m3 24-hour (2) Particulate Matter 15.0 µg/m3 Annual (3) (Arith. Same as Primary (PM2.5) Mean) 35 µg/m3 24-hour (4) (see the complete table of National Ambient Air Quality Standards at http://www.epa.(,ov/air/criteria.html) Units of measure for the standards are micrograms per cubic meter of air (µg/m3). Footnotes: (1) - Due to a lack of evidence linking health problems to long-term exposure to coarse particle pollution, the agency revoked the annual PM10 standard in 2006 (effective December 17, 2006). (2) - Not to be exceeded more than once per year on average over 3 years. (3) - To attain this standard, the 3 -year average of the weighted annual mean PM2.5 concentrations from single or multiple community -oriented monitors must not exceed 15.0 gg/m3. (4) - To attain this standard, the 3 -year average of the 98th percentile of 24-hour concentrations at each population -oriented monitor within an area must not exceed 35 gg/m3 (effective December 17, 2006)." (http://www.epa.gov/air/particlepoll ution/) OROR (Diesel Particulate Mater) MSHA and ACGIH have both proposed exposure limit standards for Diesel Particulate Matter (DPM). MSHA set an interim standard exposure level of 400 µg/m3 (400 micrograms per cubic meter of air). The agency started enforcing this standard in 2003. This exposure level has been revise to 160 µg/m3 and will take effect in May 2008. The ACGIH has a proposed guideline exposure limit of 50 µg/m3 for diesel particulates less than 1 µm in size. The particle size for the MSHA limit is less than 10 µm. Only the MSHA limits are enforceable. The proposed ISD 728/Pouliot Mining Project will not exceed these standards. Review No. 7 ENGINEERING REVIEW Hakanson Mining Permit Anderson for the City of Otsego Assoc., Inc. by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Butch Belair, Eagle Trucking, Inc. Frattalone Companies Jeff Bock, P.E. Solid Ground Engineering Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: January 31, 2008 Proposed Development: ISD 728/Pouliot Mining Permit #8 Street Location The west'/2 of the southwest'/ of Section 25, T121 N, R23 and a of Property: portion of the northwest'/4 of the southwest'/ Section 25, T121 N, R23. North of 83rd Street, west of Mason Avenue, and south of 87th Street. Applicant: Eagle Trucking, Inc. Frattalone Companies 20920 Forest Road N. and 3205 Spruce Street Forest Lake, MN 55025 St. Paul, MN 55117 Developer: Eagle Trucking and Frattalone Companies Owners of Record: Randal T. Pouliot 8457 Mason Avenue NE Otsego, MN 55330 Purpose: Mining approx. 946,460 cubic yards of sand & gravel from the site to be used as an economical source in future construction projects. Jurisdictional Agencies: City of Otsego, Wright County, and Minnesota Department of (but not limited to) Natural Resources, Minnesota Pollution Control Agency Permits Required: NPDES (but not limited to) TABLE OF CONTENTS INFORMATION AVAILABLE MINING PERMIT SUMMARY Introduction Plan of Operation Haul Routes and Traffic Control Erosion Control Dust Control Wind Erosion Control Drainage Control Plan Street sweeping and spill clean up Proposed Land Use Ground Water, Final Grade, Site Closure, Right of Entry CONSTRUCTION PLANS Title Sheet Existing Conditions Site Plan Grading and Erosion Control Plans Final Grading/Closure Plan Cross -Sections Details Preliminary Certificate of Survey ENVIRONMENTAL ASSESSMENT WORKSHEET OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION ot903MP#8 RVW7 Page 2 of 6 INFORMATION AVAILABLE Mining Permit Summary, 12/5/07 revision, by Eagle Trucking Inc. Pouliot Mining Site Plans for Eagle Trucking and Frattalone Companies, 12/7/07 revision, by Solid Ground Engineering Environmental Assessment Worksheet, dated January 7, 2008, prepared by Solid Ground Engineering Soil Borings for Randy Pouliot, dated 11/15/04 Sieve Analysis for Frattalone Companies (mislabeled Gateway North), dated 8/10/06, by Braun I ntertec City of Otsego Zoning Ordinance Chapter 24 City of Otsego Comprehensive Plan City of Otsego Engineering Manual Minnesota Rules, Chapter 4410 — EAW Requirement Trunk Stormwater Facilities Study for Portions of the Otsego Creek Watershed, February 2003 City of Otsego Zoning and Subdivision Ordinances, 10/14/02 National Wetland Inventory Map, 1991 ot903MP#8 RVW7 Page 3 of 6 Mining Permit Summary The project shall be referred to as the "ISD 728/Pouloit Gravel Mining Application — Interim Use Permit", City of Otsego, Mining Permit #8. Excavation permit summary We recommend removing this section. This information is repeated in the introduction. 1. No comments. Plan of Operation 1. The timing of the Phase 3 portion of the project (2009) in this section does not agree with the timing of the project in the Introduction or the EAW (both 2010). Haul Routes and Traffic Control 1. No comment. Erosion Control 1 No comments. Dust Control 1. No comment. Wind Erosion Control 1. No comment. Drainage Control Plan 1. Engineer has indicated that the Hydrology Report will be revised and submitted. Street sweeping and spill clean up 1. No comment. Proposed Land Use 1. No comment. ot903MP#8 RVW7 Page 4 of 6 Ground Water 1. Provide the bottom of the excavation elevation, and a statement regarding any impacts on the existing ground water. Final Grade 1. No comment. 1. No comment. Right of Entry 1. No comment. CONSTRUCTION PLANS Title Sheet 1. The plans shall be certified by the design engineer prior to City acceptance. Site Plan (Sheet 2) 1. No comments. Gradinq and Erosion Control Plan, Phase 1 - 3 (Sheet 3-7) 1. The hydrology report shall be submitted. The existing and proposed high water levels of the wetlands in the hydrology report shall be included on the grading plans. 2. Prior to the start of construction, further investigation will be required regarding the wetland mitigation or purchase of wetland credits for the impact to wetlands. All wetland mitigation/replacement areas shall be shown on the grading plans. 3. Sheets 5 & 6, the contours do not work near the high point of the hill in Phase 2. We suggest moving the phase line to be able to mine the hill at one time. Final Grade/Closure Plan 1. No comment. Cross -Sections 1. No comment. ot903MP#8 RVW7 Page 5 of 6 Details The detail of the sedimentation basin(s) shall include the overflow structure, emergency rip -rap overflow, top of berm, etc. The temporary sedimentation basins shall meet the NDPES permit requirements. 2. A detail of the Fiber Blanket is required. Certificate of Survey No comments. ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) Item 12, prior to the start of construction, further investigation will be required regarding the wetland mitigation or purchase of wetland credits for the impact to wetlands. Currently, Wetland 3 will be impacted (temporarily) by the haul road crossing and Wetlands 1 and 2 will have a significant decrease in the drainage areas supplying runoff to them (permanent). These impacts will be researched further during the 30 -day EQB reviewal period. OTHER CONSIDERATIONS A revised hydrology report shall be submitted. SUMMARY AND/OR RECOMMENDATION We cannot recommend approval at this time due to the lack of a qualified engineer's signature certifying the plans and a lack of a revised hydrology report. All of the above comments shall be address prior to recommending approval. ot903MP#8 RVW7 Page 6 of 6