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04-03 - 01-20 - Adopt Negative Declaration for 55/Boone and Wetland Mitigation Resolution 04-3 January 20, 2004 Member Tremere introduced the following resolution and moved its adoption: RESOLUTION ADOPTING FINDINGS OF FACT AND ISSUING A NEGATIVE DECLARATION OF NEED FOR ADDITIONAL STUDY FOR THE TH 55/1300NE AVENUE NORTH FLOODPLAIN AND WETLAND MITIGATION PROJECT ENVIRONMENTAL ASSESSMENT WORKSHEET WHEREAS, the preparation of the TH 55/Boone Avenue Floodplain Mitigation Environmental Assessment Worksheet and comments received on the Environmental Assessment Worksheet have generated information adequate to determine whether the proposed project has the potential for significant environmental impacts; and WHEREAS, the Environmental Assessment Worksheet has identified areas where the potential for significant environmental effects exist, but appropriate measures have or will be incorporated into the project plan and/or permits to reasonably mitigate these impacts; and WHEREAS, the TH 55/Boone Avenue Floodplain Mitigation project is expected to comply with all the City of Golden Valley and review agency standards; and WHEREAS, based on the criteria established in Minnesota R. 4410.1700, the project does not have the potential for significant environmental effects; and WHEREAS, based on the Findings of Fact and Conclusions which are incorporated and adopted as part of the resolution, the project does not have the potential for significant environmental impacts. NOW, THEREFORE, BE IT RESOLVED, the City of Golden Valley has determined that an Environmental Impact Statement is not required. Linda R. Loomis, Mayor ATTEST: Donald G. Taylor, rk The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Shaffer and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Resolution 04-3 - Continued January 20, 2004 CITY OF GOLDEN VALLEY In the matter of the Decision on the Need for an Environmental Impact Statement (EIS) for the FINDINGS OF FACT TH55/Boone Avenue AND CONCLUSIONS Floodplain and Wetland Mitigation Project in Golden Valley, MN The City of Golden Valley is proposing the TH 55/Boone Avenue Floodplain and Wetland Mitigation project that involves excavating 10 acres of existing Type 2/7 wetlands and grading 11 acres of upland to create up to 72 acre-feet of floodplain storage and 9 acres of wetland mitigation north of Bassett Creek along Betty Crocker Drive. Pursuant to Minnesota R. 4410.4300, subp. 27-B, the City of Golden Valley has prepared an Environmental Assessment Worksheet (EAW) for this proposed project. As to the need for an Environmental Impact Statement (EIS) on the project and based on the record in this matter, including the EAW and comments received, the City of Golden Valley makes the following Findings of Fact and Conclusions: FINDINGS OF FACT I. PROJECT DESCRIPTION A. Project The proposed project involves excavating approximately 10 acres of Type 2/7 wetlands and grading 11 acres of upland to create up to 72 acre-feet of floodplain and 9 acres of wetland mitigation. The project is anticipated to remove 7 acres of wooded area and add 9 acres of Type 2, 3, 4, and 7 wetlands. B. Project Site The proposed project is located north of Bassett Creek along Betty Crocker Drive. The site currently contains approximately 10 acres of Type 2/7 wetlands, 9 acres of wooded area, and 2 acres of brush/grassland. II. PROJECT HISTORY A. The project was subject to the mandatory preparation of an EAW under Minnesota R. 4410.4300 subp. 27-B. B. An EAW was prepared for the proposed project and distributed to the Environmental Quality Board (EQB) mailing list and other interested parties on November 24, 2003. Resolution 04-3 - Continued January 20, 2004 C. The EAW was noticed in the November 24, 2003 EQB Monitor. The public comment period ended December 26, 2003. Comments were received from the Minnesota Department of Natural Resources, Minnesota Department of Transportation (Mn/DOT), Golden Valley Environmental Commission, Metropolitan Council, the Bassett Creek Watershed Management Commission, and the Minnesota Pollution Control Agency. Copies of these letters are hereby incorporated by reference. Responses to the comments are also incorporated by reference. III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. Minnesota R. 4410.1700, subp. 1 states "an EIS shall be ordered for projects that have the potential for significant environmental affects." In deciding whether a project has the potential for significant environmental affects, the City of Golden Valley must consider the four factors set out in Minnesota R. 4410.1700, subp. 7. With respect to each of these factors, the City finds as follows: A. TYPE, EXTENT, AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS The first factor that the City must consider is "type, extent and reversibility of environmental effects", Minnesota R. 4410.1700, subp. 7.A. The City's findings with respect to each of these issues are set forth below. 1. The type of environmental impacts anticipated as part of this project include: a. Temporary Wetland Impact: Approximately 10 acres of Type 2/7 wetland will be converted to Type 2, 3, 4, and 7 wetlands at the mitigation site north of Bassett Creek along Betty Crocker Drive. b. Permanent Wetland Impact: Approximately 1.0 acre of Type 3 wetland in the northeast corner of Boone Avenue and Golden Valley Road will be excavated as part of the intersection improvement project. c. Floodplain Storage: Approximately 26 acre-feet of floodplain storage will need to be mitigated as part of the intersection improvements. d. Future General Mills Expansion: General Mills anticipates the need to expand at some point in the future. Specific plans for the expansion have not been developed at this time. Resolution 04-3 - Continued January 20, 2004 2. The type of environmental mitigation anticipated at the site north of Bassett Creek along Betty Crocker Drive include: a. New Wetland Credit: Approximately 9 acres of New Wetland Credit. b. Public Value Credit: Approximately 2 acres of Public Value Credit for the 25 foot buffer strip around the wetland perimeter. c. Floodplain Storage Mitigation: Approximately 72 acre-feet of additional floodplain storage. d. Tree Preservation Area: As part of the project a tree preservation area is anticipated be maintained as part of the City of Golden Valley requirements. e. Vegetation Maintenance: The proposed vegetation maintenance of the site will include spot spraying selected non-native and invasive species with an appropriate herbicide. Spot spraying will be accomplished by a backpack type spray rig and will be used for targeting individual stumps of buckthorn, leafy spurge, reed canary grass, and purple loosestrife. All mixed herbicide will be disposed of according to label and Department of Agriculture standards. f. Vegetation Management: The proposed vegetation management of the site will include spot spraying annually as needed to prevent establishment and spread of non-native and invasive plant species. Prescribed burns may also be employed as a vegetation management tool. 3. The extent and reversibility of environmental impacts associated with this project are consistent with other floodplain storage and wetland mitigation projects and can be mitigated by the project. B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS The second factor that the City must consider is the "cumulative potential effects of related or anticipated future projects", Minnesota R. 4410.1700 subp.7.B. The City's findings with respect to this factor are set forth below. Resolution 04-3 - Continued January 20, 2004 General Mills has long-range plans for development of one to two additional buildings on their Headquarters Campus. To address potential impact associated with these buildings, General Mills will also be creating wetland and floodplain mitigation within the eastern lobe of the project site if necessary. These two future building sites are anticipated long-term improvements for the General Mills Headquarters development and the proposed project reviewed in the EAW will allow for mitigation and replacement of wetland and floodplain for these future building sites. General Mills has not completed grading plans for the development of the buildings on this property and therefore, only a general concept plan has been developed. At the time of the specific development, the required regulatory review for the building projects will be undertaken at that time. C. THE EXTENT TO WHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY 1. The following permits or approvals will be required for the project: US Army Corpof Engineers Section 404 Approval MPCA NPDES storm water permit Minnesota DNR Water Appropriation Mn/DOT Right of Way Drainage Permit BCWMC Plan Approval City of Golden Valley WCA Permit City of Golden Valley Grading Permit City of Golden Valley Tree Preservation Permit City of Golden Valley Project Approval 2. The City finds that the potential environmental impacts of the project are subject to review and mitigation by ongoing regulatory authorities such that an EIS need not be prepared. D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PROJECT PROPOSER, OR OF EISs PREVIOUSLY PREPARED ON SIMILAR PROJECTS. The fourth factor that the City must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EIS's previously prepared on similar projects," Minnesota R. 4700.1700, subp. 7.D. The City's findings with respect to this factor are set forth below: Resolution 04-3 - Continued January 20, 2004 Other past projects in the area included the General Mills Office Expansion that was reviewed as part of an EAW completed in March 2001. A number of public safety road improvements and other mitigation measures were identified as a result of this past EAW including: • Construction of traffic signals at the 1-394 ramp (completed) • Construction of traffic signals at General Mills Boulevard and Betty Crocker Drive (completed) • Intersection improvements at General Mills Boulevard and TH55 (design phase) • Watermain, sanitary sewer, and storm sewer improvements on the General Mills site (completed) • Construction of new/expanded storm water management ponds on the General Mills site (completed) • Tree replacement per the City's Tree Preservation Ordinance (completed) Based on the analysis in the 2001 EAW, the impacts associated with the recent General Mills expansion have either been mitigated or are in the process of being mitigated. The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes. CONCLUSIONS The preparation of the TH 55/Boone Avenue Floodplain and Wetland Mitigation EAW and comments received on the EAW have generated information adequate to determine whether the proposed facility has the potential for significant environmental effects. The EAW has identified areas where the potential for significant environmental effects exist, but appropriate measures have or will be incorporated into the project plan and/or permitting process to mitigate these effects. The project is anticipated to comply with all City of Golden Valley standards and review agency standards. Based on the criteria established in Minnesota R. 4410.1700, the project does not have the potential for significant environmental effects. Based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. An Environmental Impact Statement is not required.