HomeMy WebLinkAboutResolution No. 138-04 • RESOLUTION
WHEREAS, Overland Drive is planned for construction along with the adjacent Bandel Road/65tn
Street reconstruction and said project meets the criteria established for preparation of a state
Environmental Assessment Worksheet (EAW) and a federal Environmental Assessment (EA); and
WHEREAS, the laws of the State of Minnesota require that an Environmental Assessment
Worksheet (EAW) be prepared for road construction projects exceeding one mile at new locations
(Minnesota Rules 4410.4300, subp. 22a); and
WHEREAS, federal funds have been approved for said project that qualifies as a Class III Action,
necessitating that an Environmental Assessment (EA) be prepared according to federal regulations 40
CFR 1500-1508; and
WHEREAS, the Minnesota Department of Transportation has prepared guidelines for the
development of a joint EA/EAW that satisfies both federal and state requirements; and
WHEREAS, the City of Rochester is the Responsible Governmental Unit (RGU) for the EAW
portion of the joint environmental review process, and as project proposer, is also responsible for the
preparation of the EA/EAW and its related documents; and
WHEREAS, notice of availability of the EA/EAW was published in the EQB Monitor on February
16, 2004 and the thirty day public comment period expired on March 17, 2004, and during such period
written comments were received from nine entities and responses to those comments were prepared as
•�n element of the EA/EAW Update; and,
WHEREAS, the Common Council is required by law to make a finding on the adequacy of the
EAW and to determine whether an Environmental Impact Statement should be prepared; and
WHEREAS, the EA/EAW, the roadway planning and design process, the construction permit
process, responses to comments received on this project, and the evidence in the record are adequate
to support a reasoned decision regarding the potential significant environmental effects that are
reasonably expected to occur from this project; and
WHEREAS, this roadway project has impacts similar to accepted impacts from other roadway
projects constructed to support urban growth that can be adequately mitigated under existing
regulations; and
WHEREAS, the Common Council met on March 22, 2004 and considered the EAW, the reports
of its staff, and the comments received from the parties as noted above.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester, that
the Common Council makes the following FINDINGS with regard to the environmental impact of the
construction of Overland Drive and the reconstruction of Bandel Road and 65th St. NW:
FINDINGS OF FACT
Procedural History
1. The project, per se, has no prior permit history or environmental review prior to this EA/EAW.
• Environmental review in nearby projects has occurred with three development proposals and
• the reconstruction of TH 52.
2. The EA/EAW was prepared by the City of Rochester as RGU according to state and federal
environmental review requirements, including publishing the EA/EAW Notice of Availability, .
holding a 30-day public comment period, and preparing responses to comments received
during this time. The City's responses to comments are hereby incorporated into the EA/EAW
Update.
Community Involvement Process
3. Three development proposals adjacent to the proposed Overland Drive have undergone the
development review process and the EAW process, both of which provided opportunities for
public comment on the need for and alignment of Overland Drive.
4. Project funding is reaffirmed by the City Council each year during the adoption of its six-year
Capital Improvement Program. The budget adoption process consists of 2-3 public meetings,
at least one of which is a Public Hearing that present additional opportunities to comment on
proposed capital projects, such as Overland Drive.
5. This EA/EAW had a public comment period between February 16 and March 17, 2004.
6. A public meeting advertised in the EQB Monitor, the Rochester Post Bulletin, and through
individual mailings to property owners adjacent to Overland Drive was held on March 4, 2004.
7. A subsequent mailing to property owners along Trapper Lane provided additional opportunity
for comment prior to close of the EA/EAW comment period.
Proposed Project Description
8. New construction in Rochester, MN of Overland Drive (a 1.1-mile, three-lane urban collector
roadway), from 65th St. NW to County Road 112. This project will include new construction of
• 500 ft. of 65" St. NW between Overland Drive and the eastern terminus of the ROC 52 project.
As part of the ROC 52 project, the remaining 650 ft. of 65th St. NW westerly to TH 52 will be
reconstructed between Overland Drive and TH 52. All of 651h St. NW will be a four-lane arterial
roadway. Finally, realignment and reconstruction of 1200 ft. of Bandel Road, a three-lane urban
collector roadway, will also take place as a related, but separate project. Construction of all
segments will occur in 2004 or 2005, depending on staging needs of the ROC 52 project.
9. The project description was modified in the EA/EAW Update to add the completion of 500 ft. of
65th St. NW at the western terminus of Overland Drive to the Overland Drive project to insure
that a connection to the contracted construction/project limits of the ROC 52 project is made.
This additional 500-foot segment was evaluated in the EA/EAW as part of the related 65th St.
NW/Bandel Road construction. Only the construction staging/sequencing for the 500 ft.
segment of 65th St. NW has been changed.
10. Three integrated organizations (TTAC, ROCOG, and the ATP) had a coordinated role in
evaluating the alternatives and termini used to define the proposed project. Four key criteria
were identified, from which 11 alternative alignments were evaluated. Two of those alignments
and the no build alternative were brought forward for EA/EAW evaluation. Eligibility for and
approval of federal funding for the project is confirmed in the 2003-2005 and 2004-2006 State
Transportation Improvement Programs.
Summary of Findings Regarding Social, Economic, and Environmental Impacts
11. Project construction will convert 20 acres of agricultural land, lawn/landscaped area, woods,
and grasslands to a roadway that will serve urban development in an area designated as part of
Rochester's 25-Year Urban Service Area.
• 12. The MN DNR has concluded that the project will not affect any of the rare species that have
known occurrences within 1 mile of the project area. No federal threatened, endangered or
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• candidate species occur within the project area and will therefore not be impacted.
13. There are no impacts on water use or water resources, including wetlands.
14. The project area contains three highly erodible soil types that will be disturbed as part of
construction. NPDES permit requirements will be followed to control erosion and
sedimentation, including the use of BMPs appropriate for these soil and slope conditions.
15. Because the project will increase the amount of impervious surface, the increase in storm water
runoff will be collected in a storm water conveyance system and directed to in place water
quality treatment ponds located near the project area to reduce impacts to the South Fork of
the Zumbro River and its tributaries.
16. No wastewater or liquid animal manure will be generated as part of this project.
17. Depth to bedrock (Prairie du Chein limestone) is between 0 and 50 ft, but depth to groundwater
ranges from approximately 80 to 150 ft. No sinkholes have been identified on site and the
probability of sinkhole occurrence is low to low-moderate.
18. No above or below ground storage tanks exist along the route; hazardous wastes will not be
produced, but spill containment and control plans for any hazardous materials used during
construction will be the responsibility of the contractor; minimal amounts of construction debris
will be created and will be managed at permitted solid waste management facilities.
19. Increased traffic (projected 10,160 ADT in 2024) will be managed through appropriate roadway
design and installation of needed traffic controls. EPA's screening method and MnDOT's
conformity requirements do not indicate a need for additional air quality analysis.
20. Construction-related noise and dust will be temporary and managed through standard noise
and dust control specifications and ordinances that control hours of operation.
21. There are no Section 106 impacts on historical, architectural, or archaeological resources.
There are no designated parks, recreation areas, trails, scenic views and vistas, visual impacts,
• or other unique resources present. Therefore, there are no Section 4(f) issues.
22. Three acres of prime/unique farmland were identified, but they are non-contiguous parcels and
not within an agricultural preserve. Due to their size, location, and relative agricultural value,
avoidance of these areas is impractical.
23. The project is compatible with existing City and County land use plans, transportation and
thoroughfare plans, and land use regulations.
24. Beyond that described above, no additional utilities, infrastructure or public services are needed
to serve the project.
25. Cumulative impacts will result from residential and commercial development that will be served
by the project. These impacts are accounted for in the City and County land use plans,
transportation and thoroughfare plans, and addressed through land use regulations.
26. Minor impacts to the Trapper Lane neighborhood are expected. A relocated access to the five
parcels along Trapper Lane will be addressed through the construction of a northbound bypass
lane and a southbound right turn lane. The bypass lane will serve as a right turn for entrance to
Trapper Lane from the south and as an acceleration lane for northbound exits. Similarly, the
right-turn lane will serve southbound traffic entering Overland Drive from the north without
impeding southbound traffic on CR 112. Trapper Lane will be moved 75 ft. north to improve
intersection safety and regarded to improve the incline to the intersection.
27. A 10 ft. bike trail will be constructed on both sides of Overland Drive in consideration of
pedestrian and bicycle traffic. These trails will connect into the Rochester bike trail system as
delineated in the 1999 ROCOG Long Range Bicycle Plan.
28. There are no minority or low-income populations in this area and therefore no environmental
justice issues associated with disproportionately high or adverse human health or
environmental impacts to them.
• 29. The project will have a minimal impact on the agricultural economy due to a loss of agricultural
land that will be offset by a larger, positive impact resulting from urban growth.
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30. One building site will be impacted by the realignment of Bandel Road. Other vacant land will be
• dedicated or acquired as right-of-way. Both impacts will be offset through property purchase or
right-of-way agreements.
31. No noise mitigation is required as a function of this project.
Additional Concerns Described in Comment Letters
32. The type and speed of traffic on CR 112 and its impact on the new location, elevation, and
i access plan for Trapper Lane. See Findings #9, 10, and 16 above.
j 33. Increases in impervious surface result in storm water management needs; techniques should
j be considered to promote groundwater recharge in addition to insuring that NPDES Phase II
construction storm water permit requirements are properly implemented. See Findings #4 and
' 5 above.
34. Contractors should be alert to the possible presence of Blanding's Turtles and the need to
exercise due diligence in sediment control to prevent downstream sedimentation to the Zumbro
River that could impact Elktoe Mussel habitat. See Finding #2 above.
35. The utility of Overland Drive needs to be demonstrated separate from the ROC 52
improvements, but coordination of project limits and timingq between the projects is necessary;
in particular, to clarify that an overpass is planned for 65` St. NW and an interchange at that
location has not yet been formally approved. See Finding #15 and the Findings of Fact -
Proposed Project Description.
36. Functional classifications for Overland Drive need clarification; the ROCOG and federal
functional classification systems assign different classifications. See the Findings of Fact -
Proposed Project Description.
37. Expanded study and planning for transportation needs in this area is needed; in particular, a
frontage road west of TH 52 and an arterial connection east of CR 112 to address congestion
• issues. Without this, the scope of this EA/EAW is inadequate and the alternatives analysis
incomplete. See the Findings of Fact - Proposed Project Description.
38. Funding eligibility is questionable without a STIP reference. See the Findings of Fact -
Proposed Project Description.
Findings With Respect to the Criteria to Determine the Potential for Significant Environmental
Effects
39. The following table summarizes the type, extent, and reversibility of reasonable expected
impacts and the extent to which each is subject to mitigation by ongoing public regulatory
authority for the project as proposed. The City of Rochester finds that the project as proposed
does not have the potential for significant impact in any of these areas based on the type,
extent, and reversibility of the impacts that are reasonably expected to occur. The City further
finds that ongoing public regulatory authority is sufficient to address the impacts that were
identified as reasonably expected to occur, as noted below.
Type of impact Extent of impact Reversibility Mitigation
Land conversion Along roadway Permanent None — consistent with Land
Use Plans
Highly erodible soils Along roadway Temporary NPDES permit and
implementation of appropriate
BMPs
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• Increased impervious Along roadway Permanent Storm water management BMPs
area as per the City Storm Water
Management Plan and
ordinances
Increased traffic Along roadway Permanent Roadway design and traffic
controls as dictated by MnDOT
and FHWA standards and as
integrated with ROCOG
Thoroughfare Plan
Construction-related Along roadway Temporary Hours of operation ordinance;
noise and dust language in specifications to
control noise and odors
Trapper Lane access Intersection of Permanent Added turn/acceleration lanes,
Trapper Lane and selected intersection alignment,
Overland Drive and improved access grade as
provided in the design plans.
Pedestrian/Bicycle Along roadway Permanent Construction of trails on both
safety sides of Overland Drive as
provided in the design plans.
Agricultural Economy In Urban Service Permanent None; offset by economic gains
Area associated with urban growth
Displacement of Along roadway Permanent Purchase of one occupied
existing residents parcel; remaining ROW needs
due to ROW are from vacant land to be
acquisition acquired through dedication,
purchase or easement
Cumulative impacts In Urban Service Permanent None—consistent with Land
due to road Area Use Plans and Transportation
construction Plan
40. Cumulative potential effects of residential and commercial development facilitated by this
roadway will extend throughout this portion of the Urban Service Area as provided under the
City and County Land Use Plans. Individual developments that meet environmental thresholds
will need to independently complete EAWs to address their particular environmental impacts.
Similarly, traffic impacts on neighboring roadways from this project are addressed in long
range, comprehensive roadway network planning as outlined in the ROCOG Thoroughfare
Plan. The City of Rochester finds that reasonably expected cumulative potential effects of
related or future projects will not be significant.
41. Other available environmental studies were reviewed during the preparation of this EA/EAW,
including the TH 52 EIS/EAW Update and three EAWs prepared for nearby residential
developments by the Rochester-Olmsted Planning Department. The information contained
therein was considered in conjunction with the impacts identified in this EA/EAW. Mitigation
proposed above is consistent with the types and extent of mitigation proposed in those related
projects. Additional environmental effects or mitigation measures beyond that already identified
in the 5 aforementioned environmental reviews would not be expected with further
environmental review or study. Additionally, the process of designing and constructing
roadways is routine. The community of professional engineers involved in design and
• construction, as well as regulators associated with such construction, is very familiar with the
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principles of environmentally protective design and construction. There are no elements of the
project that pose the potential for significant impacts that cannot be addressed in the project
design and permit development process and through regional and local planning. Based on the
environmental review for this project, previous environmental reviews associated with nearby
projects, and expertise in constructing similar projects, the City of Rochester finds that the
impacts of the project that are reasonably expected to occur can be anticipated and controlled.
42. Any above findings that might properly be termed conclusions and any conclusions that might
be properly termed findings are hereby adopted as such.
BE IT FURTHER RESOLVED that based on the findings above and on the criteria established in
MN Rules 4410.1700, the Common Council has determined that the construction of Overland Drive and
the adjacent reconstruction of Bandel Road and 65th Street NW do not have the potential for significant
environmental effects reasonably expected to occur from this project as proposed and that preparation of
an Environmental Impact Statement is not required. This declaration concludes the Minnesota portion of
the environmental assessment process.
BE IT FURTHER RESOLVED that the City requests a Finding of No Significant Impact from the
Federal Highway Administration to conclude the federal portion of the environmental assessment process
for this project.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
* ROCHESTER, MINNESOTA, THIS 22AJd DAY OF �Y� , 2004.
ESIDENT OF SAID CrOMMON COUNCIL
ATTEST(
CITY CLERK
APPROVED THIS DAY OF 12004.
MAYOR OF SAID CITY
(Seal of the City of
)Rochester, Minnesota)
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