HomeMy WebLinkAboutResolution No. 584-04 RESOLUTION
WHEREAS,Minnesota Rules 441 P q
0.4300, subpart 27, Wetlands and Protected Waters, art A require
the preparation of an Environmental Assessment Worksheet(EAW)by the project proposer for the construction
of Cascade Lake Park; and
WHEREAS,notice of the availability of the Cascade Lake Park EAW for review and comment was
published in the Minnesota Environmental Quality Board Monitor on September 13,2004; and
WHEREAS, copies of the EAW were distributed to organizations on the mandatory EAW distribution
list, as required, and also made available to other interested persons; and
WHEREAS,written public comments from six entities were received by the expiration of the 30 day
public comment period on October 13, 2004, as required; and
WHEREAS, responses to the comments received during the public comment period were prepared, as
required, for delivery to organizations on the EAW distribution list and other interested parties along with the
Findings of Fact, Conclusions of Law, and Order for a Declaration; and
WHEREAS,the City of Rochester is the Responsible Governmental Unit(RGU)and 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 EAW,responses to comments received on this EAW, documents prepared as part of
the Cascade Lake Park Master Planning process, and the evidence in the record are sufficient to support a
• reasoned decision regarding the potential significant environmental effects that are reasonably expected to occur
from this project: and
WHEREAS,the project impacts provide a net environmental benefit to an area otherwise negatively
impacted by previous industrial, agricultural, and commercial impacts; and
WHEREAS,the Common Council of the City of Rochester met on November 15,2004 and considered
the EAW,the reports of its staff,and the comments received by 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 Cascade Lake Park:
FINDINGS OF FACT
PROCEDURAL HISTORY
1. The City of Rochester is the Responsible Governmental Unit,as designated in Minnesota Rules
4410.4300, subpart 27,for the proposed Cascade Lake Park Project in Rochester,Minnesota.
2. An Environmental Assessment Worksheet(EAW) was prepared for the proposed project in accordance
with state environmental review requirements under the Environmental Review Program of the
Minnesota Environmental Quality Board (MEQB) due to the realignment of the South Branch of
Cascade Creek, listed on the Minnesota Inventory of Protected Waters.
3. The EAW was filed with the MEQB and circulated for review and comment to the parties on the EAW
distribution list and made available to other interested parties.
• 4. A"Notice of Availability"was published in the EQB Monitor September 13, 2004.
5. The 30-day comment period ended October 13,2004.
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6. Six comment letters were received by the end of the 30-day public comment period.
• 7. Responses to comments were prepared by the City, along with the Findings of Fact, Conclusions of
Law, and Order for a Declaration on the adequacy of the EAW. These documents were distributed to
the organizations listed on the EAW distribution list and other interested parties.
COMMUNITY INVOLVEMENT PROCESS
8. Two advisory groups,the Technical Advisory Committee(TAC)and the Citizen's Advisory Committee
(CAC),worked with the City to evaluate and make recommendations on the proposed project elements
prior,to EAW preparation.
9. The EAW was circulated for review and comment to the parties on the EAW distribution list and made
available locally to interested parties via the Rochester Public Library,the Park and Recreation
Department office, and Park and Recreation Department web site.
10. A 30-day public comment period was held between September 13 and October 13,2004.
11. All comments received were considered in determining the potential for significant environmental
impacts as a result of the proposed project.
PROPOSED PROJECT DESCRIPTION
12. The City of Rochester is proposing to construct Cascade Lake Park in an area currently used for gravel
mining, southwest of the intersection of Trunk Highways 14W and 52. As part of the park development
project, a 90-to 100-acre lake(Cascade Lake)will be created and the previously disturbed Cascade
Creek will be realigned. The Creek will be realigned to form a natural meandering stream channel with
its floodplain. The Park will provide opportunities for recreational and educational activities.
Construction of the stream realignment portion of the project is anticipated to begin by the spring of
2005 and to be complete by summer 2005. Park development is anticipated to occur as mining activities
are completed over the next several years.
• 13. The TAC and CAC reviewed numerous conceptual alternatives showing different ways to route the
Cascade Creek drainage through the project area.After evaluation of these alternatives, both
Committees recommended segregating flows from the South Branch of Cascade Creek from the future
Cascade Lake by routing it into a realigned creek channel north of Cascade Lake. The alternative that
was brought forward in the EAW was selected because:
a) It provides for the best reasonably possible water quality in the future Cascade Lake,while
maximizing the size of and recreational potential for Cascade Lake.
b) It reduces the load of pollutants entering Manor Woods Lake from the South Branch of Cascade
Creek drainage area which currently flows into that lake.
c) Elimination of a surface water connection between Cascade Lake and Manor Woods Lake will
protect Cascade Lake water quality up to a 25-year storm.event,beyond which storm flows will
back-up from Highway 52 and inundate both lakes.
d) The route for the realigned stream channel for this alternative supports the preferred Park layout
(i.e.; more passive uses in the northwest portion of the Park,more active uses in the southeastern
part of the Park).
e) It creates a restored natural channel and floodplain for Cascade Creek as a major functional and
aesthetic feature in the Park.
SUMMARY OF FINDINGS REGARDING ENVIRONMENTAL IMPACTS
14. Project construction will convert approximately 230 acres of land that is currently used for mining or
has been mined in the past to a City park with a lake, a meandering stream channel,and many other
recreational and educational park amenities.
15. The MN DNR has indicated that populations of freshwater mussel species have been identified in
Cascade Creek at the confluence of Cascade Creek with the Zumbro River. Impacts to mussel
populations will be avoided and minimized through the implementation of appropriate erosion and
• sediment control measures before, during, and after construction.
16. Construction of the project will impact water resources that have been previously disturbed through
residential and commercial development and industrial activities. The South Branch of Cascade Creek,
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which has been previously impacted by mining, is a DNR Protected Water.It will be realigned to form a
more natural meandering stream channel and floodplain and segregated from Cascade Lake to protect
• the Lake from surface flows below 25-year storm events. The flooded mine pits on site will be
reconfigured to create the 90-to 100-acre Cascade Lake. An extension of the peninsula in Manor
Woods Lake is planned to provide additional water quality protection to Manor Woods Lake(i.e., from
surface flows below a 10-year storm event)and to convey Cascade Creek through this area. A small
wetland(0.9 acre)will also be impacted by the project, as it is present in an area that will be mined and
later incorporated into Cascade Lake. Wetland replacement of 1.8 acres will be completed on site to
mitigate for the wetland impact. All required permits and approvals will be obtained prior to
construction.
17. Portions of the project lie within 100-year floodplain areas, 500-year floodplain areas, and floodway
areas of Cascade Creek. Buildings are not proposed within the currently designated floodway,but are
proposed within the 100-year floodplain and the area considered shoreland. A Conditional Use Permit
will be required for the fill placed to elevate the buildings to a flood protection elevation. The project
will comply with floodplain and shoreland regulations.
18. Recreational boating opportunities (excluding gasoline-powered motor boats) on the future Cascade
Lake will be promoted, so an increase in water surface use is to be expected. Overcrowding on the lake
is not expected to be an issue.
19. The majority of the 230-acre project area will be graded through the ongoing mining process and/or the
reclamation process. The project area does not contain highly erodible soils or steep slopes and has
been extensively disturbed by mining activity. Regardless of the potential for erosion,NPDES permit
requirements will be followed to control erosion and sedimentation
20. The project will ultimately result in an increase of approximately 12.6 acres of impervious area,
including approximately 4.8 acres of trail. Post-development treatment of runoff from impervious areas
of the Park will be accomplished with the use of grass swales, infiltration/filtration features(such as
rainwater gardens and vegetative buffers),and other small site best management practices to handle
• runoff from small and moderate storms. Ponds may also be used, depending on site-specific factors.
During the construction phase, surface water runoff will be managed in accordance with the MPCA
NPDES General Construction Stormwater Permit and its associated Storm Water Pollution Prevention
Plan.
21. Minor amounts of domestic-strength wastewater will be generated at the project site and can be
accommodated by the City's wastewater treatment system. Industrial wastewater or animal manure will
not be generated at the site.
22. According to the Olmsted County Geologic Atlas, depth to bedrock(Prairie du Chien limestone)is
between 0 and 50 feet. Based on site-specific information collected from monitoring wells, depth to
groundwater appears to range between 6 and 12 feet below grade. No sinkholes have been identified on
site and the probability of their occurrence is low to low-moderate.
23. Above or below ground storage tanks are not currently present at the project site,nor are any proposed
to be present after the project is constructed. Hazardous waste will not be generated at the site after
construction. During construction, spill containment and control plans for any hazardous materials will
be the responsibility of the contractor. Any debris that is generated during or after construction will be
managed at permitted solid waste management facilities.
24. Increased traffic will be managed through appropriate roadway improvements, such as the Country Club
Drive(2°d St. SW)/TH 52 interchange work currently in progress. Increases in traffic volumes are not
expected to be significant.
25. Construction-related noise and dust will be temporary and will be managed through standard noise and
dust control specifications and ordinances that control hours of operation.
26. There are no properties listed on the on the National or State Registers of Historic Places,and no known
or suspected archaeological properties in the area that will be affected by the project. There are no
permanent buildings currently located at the project site and none will be demolished as part of the
• project. Any new buildings constructed will be screened with vegetation and/or berms around the
perimeter of the site;thus there will be no visual architectural conflict with existing buildings in the
vicinity of the Park.
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27. One of the soils at the site is designated prime farmland,but only where drained. Land at the site has
not been farmed for many years and is not classified as agricultural preserve. Soils at the site have been
significantly disturbed by mining activities.
28. Pedestrian/bike trails are present and/or proposed along roadways in the vicinity of the project. The
proposed project will provide trail connections and a variety of other recreational opportunities
associated with the proposed Park and Lake.
29. The project is compatible with existing City land use plans, land use regulations, and the Rochester
Olmsted Council of Governments Transportation and Thoroughfare Plans.
30. The proposed project is not expected to further influence other development in the vicinity of the project
site, although its proposed existence was influential in the development plans for the nearby Manor
Woods and Grandville residential developments. The proposed project is compatible with surrounding
land uses and will provide an amenity to residents and visitors to the City of Rochester.
ADDITIONAL CONCERNS DESCRIBED IN COMMENT LETTERS
31. Concern regarding increasing flows or harming water quality downstream. See Findings#13, 16, 17,
19, and 20 above.
32. Project represents an opportunity to work on watershed improvements.
33. Recommend a citizen monitoring program.
34. Storm water runoff treatment will be required for future developments adjacent to the project site so
neither Cascade Lake or Cascade Creek receives any untreated storm water runoff. See Findings 919
and 20.
35. The cumulative impact on the South Fork of the Zumbro River was not specifically addressed.
36. Animal waste management should be addressed.
37. The potential use of algicides as a lake management tool should be mentioned.
38. Use of soil for the peninsula extension and the resultant impact on protected waters. See Findings#2
and 14.
• 39. Property valuation impacts to residential properties on Manor Woods Lake.
40. Support for the project and a large,clean lake.
41. Creating a lake large enough to support rowing competition can attract commerce to local businesses.
FINDINGS WITH RESPECT TO THE CRITERIA TO DETERMINE THE POTENTIAL FOR
SIGNIFICANT ENVIRONMENTAL EFFECTS
42. 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
ro osed.
Type of Impact Extent of Impact Reversibility Mitigation
Land Conversion 230 acres Permanent None-beneficial
change from mining
to arkland
Water Resources Realignment of a Permanent A new,meandering
DNR Protected creek channel with
Water 100 year naturally-
vegetated floodplain
will be an
improvement over
existing conditions;
DNR Work in the
Beds of Public
Waters Permit
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_Type of Impact Extent of Impact Reversibili Mitigation
Water Resources Extension of Permanent Increased water
peninsula quality protection
offsets reduced
acreage in Manor
Woods Lake
Water Resources Loss of 0.9 Acres Permanent On-site replacement
of wetland of 1.8 acres of
wetland as per WCA
regulations&U.S.
Army Corps of
Engineers permit for
wetland impacts
Floodplain Possible filling to Permanent Must meet FEMA
elevate building and DNR
pads to a flood requirements,
protection elevation potentially complete
the CLOMR/LOMR
process
Increased impervious 12.6 acres for trails, Permanent Storm water
area parking areas, management BMPs
buildings,and per City Stormwater
access roads Management Plan
and ordinances
Increased traffic Area roadways that Permanent,but Current and planned
will access the park mainly roadway improve-
seasonal ments will accom-
modate the minor
traffic increases.
Construction-related At project site and Temporary Hours of operation
noise and dust at adjacent ordinance; language
properties and in specifications to
roadways control noise and
odor
Cumulative impacts To the Zumbro Temporary Adherence to
River NPDES construction
permit requirements
&implementation of
post-construction
storm water
management BMPs
43. The City of Rochester finds that the project as proposed does not have the potential for significant
impact in any of the above listed 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 above.
44. Cumulative development impacts are not anticipated as the project is independent of other potential
projects in the area. The project will not induce unplanned or inappropriate levels of development.
While the possibility of future development on properties in the vicinity of the project site exists, these
developments would also be subject to applicable state, county, and local rules, ordinances, approvals,
• and reviews. Therefore, the City of Rochester finds that reasonably expected cumulative effects of
related or future projects in the area will not be significant.
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45. Mitigation proposed above is consistent with the types and extent of mitigation proposed for similar
projects with similar types of environmental impacts. There are no elements of the project that pose the
potential for significant impacts that cannot be addressed by the project design and permit process, or
through regional and local planning. Based on the environmental review for this project, the City of
Rochester finds that the impacts of the project are reasonably expected to occur can be anticipated and
controlled.
46. 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 noted above and on the criteria
established in Minnesota Rules 4410.1700, the Common Council has determined that the construction of
Cascade Lake Park does 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 environmental assessment process.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER,
MINNESOTA,THIS 157tk DAY OF 1 2004.
PkESfDENT OF SAID COMMON COUNCIL
• ATTEST:
TY CLERK
APPROVED THIS DAY OF /1J60Ef)1D&L- ,2004.
MAYOR OF SAID CITY
(Seal of the.City,of
Rochester,Minnesota)
Zo=2000/EAW.Cascadetake;
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