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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. 1 --_..... ------- 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, 2 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. 3 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 4 _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. 5 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; 1' j t i 6