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HomeMy WebLinkAboutItem 06.gLakeville December 19, 2014 Item No. AVONLEA ENVIRONMENTAL ASSESSMENT WORKSHEET JANUARY 5, 2015 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution adopting Response to Comments, Findings of Fact, and Record of Decision on the Avonlea Environmental Assessment Worksheet (EAW). Passage of this motion will result in the City notifying the State Environmental Quality Board (EQB) and the review agencies that the City has approved the Avonlea EAW and has adopted a negative declaration on the need for an Environmental Impact Statement (EIS). Overview Mattamy Homes is proposing to develop 832 single family homes and 249 multiple family units on 469.6 acres of land located adjacent to Cedar Avenue (CSAH 23), south of 179' Street. The proposed development requires the preparation of an EAW due to the number of proposed residential dwellings. The City Council authorized distribution of the EAW at their October 6, 2014 meeting and the public comment period ended on November 26, 2014. Comments were received from eight agencies/persons and the comments were addressed in the attached Response to Comments. The potential environmental effects associated with the Avonlea development are not significant and can be addressed in the development plans for the project. Primary Issues to Consider None Supporting Information • Resolution • Findings of Fact • Record of Decision se to.Comments Daryl Mirey, Plann(nb Director Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Avonlea EAW Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ADOPTING RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR THE AVONLEA DEVELOPMENT WHEREAS, Minnesota Rules Part 4410.1100 Subp. 6 requires that an EAW be prepared for the proposed Avonlea residential development; and WHEREAS, on September 19, 2014 an EAW was completed for the Avonlea project, which is designed to include 832 single family lots and 249 multiple family units on 469.6 acres in the City of Lakeville; and WHEREAS, beginning on October 22, 2014 copies of the EAW were distributed to all persons and agencies on the official Environmental Quality Board (EQB) mailing list and other interested parties; and WHEREAS, on October 17, 2014 a notice was published in the Lakeville Messages section of the Sun This Week newspaper to announce the completion of the EAW, its availability to interested parties, and the process for submitting comments on the EAW; and WHEREAS, on October 27, 2014 the EAW was publicly noticed in the EQB Monitor, commencing the 30 day public comment period; and WHEREAS, the 30 day comment period ended on November 26, 2014 and the City of Lakeville accepted and responded to all substantive written comments received; and WHEREAS, none of the comments received recommended preparation of an Environmental Impact Statement (EIS) for the Avonlea Development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota: 1. The EAW was prepared, published and distributed in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules, Parts 4410.1000 to 4410.1700. 2. The EAW, combined with the supplemental information contained in the Response to Comments, satisfactorily addressed all of the issues raised and comments received for which existing information could have been reasonably obtained, and further investigation is therefore not required. 3. Based on the criteria established in Minnesota Rules Part 4410.1700, the project does not have the potential for significant environmental effects. 4. The Response to Comments, Findings of Fact, and Record of Decision are hereby adopted. 5. The City of Lakeville makes a Negative Declaration on the need for an EIS. 6. The City Council hereby adopts a Negative Declaration. DATED this 5t' day of January, 2015. CITY OF LAKEVILLE BY: ATTEST: Charlene Friedges, City Clerk Matt Little, Mayor STATE OF MINNESOTA) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 5th day of January 2015, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) FINDINGS OF FACT 1. On October 27, 2014, the City of Lakeville published the EAW in the EQB Monitor. 2. The EAW is incorporated by reference in the Record of Decision. 3. As indicated in the EAW, the Avonlea project is proposed on approximately 469.6 acres of primarily agricultural land in the northern portion of Lakeville. The project is proposing 832 single-family lots, and 249 multi -family lots in Dakota County, City of Lakeville, Minnesota. 4. The City of Lakeville City Council authorized the EAW submittal to the Environmental Quality Board (EQB) on October 6, 2014. 5. A press release announcing the availability of the EAW for public review and comment, including a brief description of the project was published in the October 17, 2014 edition of the Lakeville Messages newsletter. 6. The EAW was filed with the EQB and noticed of its availability for public review and comment was published in the EQB monitor on October 27, 2014. A copy of the EAW was sent to all persons on the EQB Distribution list and to persons who requested a copy. The EAW was also made available on the City of Lakeville's website. 7. The 30 -day public review and comment period for the EAW began on October 27, 2014 and ended on November 26, 2014. 8. During the 30 -day review and comment period the, City of Lakeville received 8 written comments on the EAW. Comments were received from: Minnesota Department of Transportation, State Historic Preservation Office, Minnesota Department of Natural Resources, Dakota County, U.S. Army Corps of Engineers, Minnesota Pollution Control Agency, Metropolitan Council, and Robert Erickson (Lakeville Resident) Proposed Project The Avonlea project is proposed on approximately 469.6 acres of primarily agricultural land in the northern portion of Lakeville. The project proposes 832 single-family lots, and 249 multi -family lots. Approximately 171 acres of open space is also planned, which will include greenway corridors, parks, trails, wetlands, and stormwater basins. Minnesota Rules Part 4410.1000 Subp 2. Mandatory EAW Categories. An EAW shall be prepared for any project that meets or exceeds the thresholds of any of the EAW categories listed in part 4410.4300 or any of the EIS categories listed in part 4410.4400. The proposed Avonlea project exceeds this mandatory EAW threshold. Site Description and Existing Conditions The existing site conditions include the following Cover -types on the Property: Estimated Before and After Cover Types Land Cover Before (acres) After (acres) Wetland 20.6 20.1 Deep water/streams 0.03 0.03 Wooded/Forest 15.7 0.0' Brush/Grassland 13.1 0.0' Cropland 402.5 0.0 Lawn/landscaping 0.0 170.1 Impervious Surface 17.5 128.0 Stormwater Pond 0.2 0.02 Other: Regional Park 0.0 66.5 Other: Greenway Corridors 0.0 17.5 Other Open Space 0.0 67.4 Totals 469.6 469.6 1 Some grassland and woodland area will be retained by the project within areas ofgreenway corridors and areas represented as Other Open Space. 1 Post -construction stormwater ponding acreage is included in the category of "Other Open Space". 3Public watercourse acreage is included under the wetland acreage. Criteria for Determining Whether the Project has the Potential for Significant Environmental Effects Minnesota Rules 4410.1700 Subp. 1 states "An EIS shall be ordered for projects that have the potential for significant environmental effects". In deciding whether a project has the potential for significant environmental effects, Minnesota Rules 4410.1700 Subp. 7 indicates that the City of Lakeville must consider the following factors: Criteria A: The type, extent, and reversibility of environmental effects; Criteria B: The cumulative potential effects of related or anticipated future projects; Criteria C: The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and, Criteria D: The extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EIS's. A: Type, Extent, and Reversibility of Environmental Effects. Findings Item 6: Project Description The Avonlea project is proposed on approximately 469.6 acres of primarily agricultural land in the northern portion of Lakeville. The project proposes 832 single-family lots, and 249 multi -family lots. Approximately 171 acres of open space is also planned, which will include greenway corridors, parks, trails, wetlands, and stormwater basins. The project size triggered a mandatory EAW review under EQB rules Part 4410.4300 Subp. I9.D., Residential Development. 2 Item 8: Permits and Approvals Required As described in Table 8.1 of the EAW, the project will require some 28 permits and approvals prior to construction, including a Comprehensive Plan Amendment, County right-of-way permits, and a Sanitary Sewer Connection Permit. The project proposer will acquire all applicable permits prior to project construction. Item 9: Land Use The project will require limited Comprehensive Plan amendments as part of the entitlement process to address issues related to land use within Special Plan and Urban Reserve Areas. The project proposer is committed to working closely with city staff to ensure that proposed uses within the Urban Reserve Areas of the project are consistent with the city's future guidance for that area. Item 11: Water Resources Section 11.b.i. - Wastewater The project is consistent with the City's Comprehensive Sanitary Sewer Plan, and no immediate sewer constraints were identified for the project. However, both the project proposer and city recognize that the downstream trunk sewer is expected to have an eventual 1.835 CFS shortfall. The City of Lakeville will continue to monitor the critical trunk sewer sections as recommended in the Comprehensive Sanitary Sewer Plan as well as compare the existing flow through the critical trunk sewer sections to determine the amount of development that can occur before the critical sections reach capacity. The city and project proposer are aware that Comprehensive Plan Amendments will be necessary for sanitary sewer improvements that would occur prior to 2020 within portions of the project area. The project proposer will pursue Comprehensive Plan Amendments that will re -guide development staging described in the current Comprehensive Plan immediately following the environmental review process. Section 11.a.ii. — Groundwater The project proposer has made note of parcels that have records of existing water wells. Any unsealed wells will be properly sealed by a licensed well contractor prior to site construction in accordance with State Rules. Item 12: Contamination/Hazardous Materials/Wastes The Phase H Environmental Site Assessment (ESA) work completed for the project area identifies some limited contamination surrounding an existing farmstead. The project proposer will prepare a Construction Contingency Plan prior to site construction to manage known impacted soils within the Phase H investigation area. Item 13: Fish, Wildlife, and Ecologically Sensitive Resources The Minnesota DNR Natural Heritage Program conducted a database search of the Minnesota Natural Heritage Information System (NNIS) to determine if there are listed plants and animals; native plant communities; wildlife aggregations; geological features; or state rare features that are known to occur within or near the project site. The database search did not identify rare features within the project boundary. However, the DNR letter identified Blanding's turtle (Emydoidea blandingii), a state - listed threatened species, as having been reported from the vicinity of the proposed project. The project proposer will consider using wildlife -friendly erosion control products, and will refer to the recommendations for avoiding and minimizing impacts to this species during construction. The project proposer plans to install surmountable street curbs to reduce impacts on wildlife from automobiles, and will consider the use of wildlife -friendly stormwater drains and oversized culverts to facilitate wildlife passage beneath roadways. The project proposer will also consider introducing educational materials along pathways and bike trails to facilitate public awareness and wildlife impact avoidance. To the degree possible, and as acceptable to the city, disturbed buffers and natural corridors will be seeded to native seed mixes from locally attainable sources. Existing trees and vegetation will be retained, where possible, and the planting of native tree and shrubs will be considered along stream and greenway corridors. Item 18: Transportation The proposed two access points to Cedar Avenue are limited access intersections. Dakota County will allow the limited access intersections, but not full access. The County has confirmed that the intersection of Dodd & Cedar will be reconstructed as a limited access intersection, and the intersection of 179th & Cedar will become a full movement access. The County has been in talks with the City to create a north/south collector roadway through the Avonlea site. Hamburg Avenue is well-positioned to become that collector. These improvements will provide safer alternatives for development traffic other than a reliance on Cedar Avenue. The Avonlea project can proceed with or without the extension of 185th or the reconstruction of Dodd Boulevard intersection at Cedar. Avonlea traffic operational conclusions and recommendations indicate that intersections function acceptably in either condition. Overall Finding: No commenting agency found that the project would generate significant environmental effects requiring the preparation of an Environmental Impact Statement (EIS). Therefore, the EAW, combined with the Response to Comments included above, is complete and accurately assesses potential environmental impacts for the Avonlea project. B: Cumulative Potential Effects of Related or Anticipated Future Projects. Finding The Avonlea project has been planned for full development. The project proposer owns no additional land adjacent to the site. No future stages are planned or anticipated for this project. C: Extent to Which the Environmental Effects are Subject to Mitigation. Finding Environmental effects on traffic and water quality are subject to additional approvals and/or mitigation through requirements of local, state, and federal regulations, ordinances, management plans, and permitting procedures. The following permits and approvals are required for the project addressed under the EAW and these permitting and approval processes will provide additional opportunity to require mitigation. 4 Permits and Approvals Required Unit of Government Type of Aeplication Status City of Lakeville Concept Plan Approval Completed City of Lakeville Comprehensive Plan In process Metropolitan Council Amendment City of Lakeville PUD Rezoning Application In process City of Lakeville Preliminary Plat Application In process City of Lakeville Final Plat Approval To be applied for City of Lakeville EAW Negative Declaration In process City of Lakeville Grading Permit To be applied for City of Lakeville Building Permit To be applied for City of Lakeville Electrical Permit To be applied for City of Lakeville Electrical Utility Affidavit To be applied for City of Lakeville Plumbing Permit To be applied for City of Lakeville Mechanical Permit To be applied for City of Lakeville Wetland Delineation Completed Confirmation City of Lakeville Wetland Conservation Act To be applied for Permit Dakota County Right -of -Way Permit To be applied for Dakota County Access Permit To be applied for Dakota County Obstruction Permit To be applied for (if needed) Dakota County Utility Permit To be applied for (if needed) Metropolitan Council Sanitary Sewer Connection To be applied for Permit Minnesota Department of Well Sealing Permit To be applied for Health Minnesota Department of Water Main Extension To be applied for Health Approval Minnesota DNR Division of Appropriation/Dewatering To be applied for (if needed) Waters Permit Minnesota DNR Division of Public Waters Work Permit To be applied for (if needed) Waters Minnesota DNR Division of License to Cross Public To be applied for (if needed) Lands and Minerals Waters Minnesota Pollution Control Sanitary Sewer Extension To be applied for Agency Approval Covered under general permit; MN Pollution Control Agency NPDES/SDS General Permit submit NOI prior to construction. U. S. Army Corps of Engineers Section 404 Clean Water Act To be applied for Permit Vermillion River Watershed Watershed Review To be applied for Note: The project proposer will apply for and receive applicable permits prior to project construction. The potential environmental effects associated with this project are not significant and will be mitigated in compliance with applicable rules, regulations, and permit requirements. City of Lakeville therefore finds that the potential environmental effects of the project are "subject to mitigation by ongoing public regulatory authority" (Minnesota Rules 4410.1700 Subp. 7.C.). D: Extent to Which Environmental Effects Can be Anticipated and Controlled as a Result of Other Available Environmental Studies Undertaken by Public Agencies or the Project Proposer, Including Other Environmental Impact Statements. The final factor 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 Rules 4410.1700 Subp. 7 (D)). The City's findings are set forth below. The proposed project is reasonably similar to other residential development projects located in City of Lakeville and in surrounding communities. Other projects of similar scope, accompanied by similar land use, natural resources, surface water, traffic studies, and associated mitigation, have, in general, successfully mitigated potential environmental impacts. The EAW, in conjunction with this document, contains or references the known studies that provide information or guidance regarding environmental effects that can be anticipated and controlled. No EIS that addresses a similarly sized project is known to be available in the City of Lakeville or the surrounding area. In light of the results of environmental review and permitting processes for similar projects, City of Lakeville finds that the environmental effects of the project can be adequately anticipated and controlled. Based on the original EAW, comments received from agencies and individuals, the responses to comments, and the criteria above, the City of Lakeville finds that the Avonlea project does not have the potential for significant environmental effects and does not require the preparation of an EIS. 6 RECORD OF DECISION Based on the EAW, the Response to Comments, and the Findings of Fact, the City of Lakeville as the RGU for this environmental review, concludes the following: The EAW was prepared, published, and distributed in compliance with Minnesota Statutes, Chapter 116D, to implement the environmental review procedures established by the Minnesota Environmental Policy Act and Minnesota Rules Parts 4410.1000 to 4410.1700. The EAW, combined with the supplemental information contained in the Response to Comments and Findings of Fact, satisfactorily addressed and responded to all of the issues raised and comments received for which existing information could have been reasonably obtained, and further investigation is therefore not required. Based on the criteria established in Minnesota Rules Part 4410.1700, the project does not have the potential for significant environmental effects. An EIS is not required for the Avonlea Residential Development project. The City of Lakeville Council adopts a "Negative Declaration' City of Lakeville RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION FOR THE Avonlea Residential Development Environmental Assessment Worksheet (EAW) December 16, 2014 INTRODUCTION The Environmental Assessment Worksheet (EAW) was prepared, published, and distributed by the City of Lakeville for the proposed Avonlea Residential Development (Avonlea) pursuant to Minnesota Rules, Chapter 4410. The purpose of an EAW is to evaluate a proposed project's potential for significant environmental effects. It is not to be used to justify a decision, nor do indications of adverse environmental effects necessarily require that a project be disapproved. EAWs are used as guides in issuing, amending, and denying permits and carrying out other responsibilities of governmental units to avoid or minimize adverse environmental effects and to restore and enhance environmental quality (Minnesota Rules 4410.0300, Subp. 3). The completed EAW was distributed to the Environmental Quality Board (EQB) and persons and agencies listed on the official EQB EAW Distribution List in accordance with Minnesota Rules 4410.1500. The notification was published in the EQB Monitor on October 27, 2014, initiating the 30 - day comment period, and within the October 17, 2014 edition of the Lakeville Messages newsletter. The 30 -day comment period ended on November 26, 2014. The EAW and comments have been reviewed in accordance with Minnesota Rules 4410.1700 to determine if the project has potential for significant environmental effects. This document includes the Response to Comments for all substantive comments received by the City of Lakeville, the Findings of Fact supporting the decision, and the Record of Decision. COMMENTS RECEIVED Eight agencies and/or individuals submitted written comments on the EAW, and all of the comments were dated or received prior to the comment period deadline. Copies of the comment letters are included in Appendix A. The following table lists the comment letters received in chronological order. Table 1.0. Comment Letten Reeeived No. Comment Letter Received From Signatory Abbreviation Date 1 Minnesota Department of Transportation Michael Corbett MDOT Oct. 23, 2014 2 State Historic Preservation Office Sarah Beimers SHPO Nov. 4, 2014 3 Minnesota Department of Natural Resources Brooke Haworth MDNR Nov. 21, 2014 4 Dakota County Steven Mielke DCTY Nov. 21, 2014 5 U.S. Army Corps of Engineers Ryan Malterud ACOE Nov. 24, 2014 6 Minnesota Pollution Control Agency Karen Kromar MPCA Nov. 25, 2014 7 Metropolitan Council LisaBeth Bara'as METC Nov. 25, 2014 8 Robert Erickson, Lakeville Resident Robert Erickson RE Nov. 25, 2014 2 RESPONSE TO COMMENTS Minnesota Rules 4410.1600 states that the comments shall address the accuracy and completeness of the material contained in the EAW, potential impacts that may warrant further investigation before the project is commenced, and the need for an EIS on the proposed project. Comments that do not address these areas have been noted for the record, but are not necessarily addressed in the response. As part of the process in determining whether an EIS is needed, the City of Lakeville must respond to all substantive comments received during the 30 -day comment period (Minnesota Rules 4410.1700, Subp. 4 and 5). This document responds to comments on an item -by -item basis. Comments are organized by EAW Item number. Agencies who commented are listed by abbreviation in random order at the start of each topic and item. It should be noted that none of the commenting agencies requested that an EIS be ordered for the project, but rather requested some data clarifications. ITEM -BY -ITEM RESPONSES Item 7. Cover Types Agencies/Individuals Commenting: METC Response Thank you for your comments regarding the use of "Regional Park" in the EAW for the 66.5 -acre park on the southern portion of the site. Going forward, all references to the park will be amended to "Community Playfield." Item 8. Permits and Approvals Required Agencies/Individuals Commenting: MDNR Response Thank you for your comments regarding potential need for additional environmental review should the project alter more than 500 feet of public waterway. The project proposer will work with the City of Lakeville, as the RGU, for a determination if more than 500 linear feet of disturbance is planned. It should be noted that portions of watercourse channels on the project site were previously straightened from historic, natural alignments. Item 9. Land Use Agencies/Individuals Commenting: MPCA, METC, RE Response Thank you for your comments regarding the need for Comprehensive Plan Amendments. As part of the entitlement process, the project proposer has anticipated the need for amendments to the city's Comprehensive Plan, and will work closely with city staff to ensure that proposed uses within the project that are within the Urban Reserve Area, which are subject to review by the Planning Commission and approval of the City Council, are consistent with the city's future goals and land use guidance for that area. Thank you for your comments regarding demolition of the existing farmstead structures. Prior to demolition, the project proposer will have the buildings inspected for hazardous materials such as asbestos and lead- based paint. Should hazardous materials be identified within the structures, the project proposer will provide notification to the MPCA prior to performing demolition work as described. Item 11. Water Resources Agencies/Individuals Commenting: DCTY, ACOE, MPCA, METC, RE Response Section ll.b.i. - Wastewater Thank you for your comments regarding projected wastewater flows from the project, downstream capacity, and layout of the wastewater collection system. The proposed wastewater system layout is provided in Appendix B. While not included in the EAW document, the project proposer performed a Comprehensive Sanitary Sewer Capacity Analysis as the basis for the information provided in the EAW document. That document is attached as Appendix C. The City's 2008 Comprehensive Sanitary Sewer Plan utilizes the City's 2030 Comprehensive Land Use plan to estimate the anticipated flow rates from areas that are not yet developed. The Land Use Plan indicates that the EAW project area will be a combination of low/medium density residential, medium density residential, medium/high density residential and high density residential. Based on these land uses, the estimated peak flow rate added to the critical trunk sewer section as planned for in the City's Comprehensive Sanitary Sewer Plan is 0.377 million gallons per day (MGD) or 0.58 CFS. The Avonlea project is proposed to have less density than what is guided by the 2030 Comprehensive Land Use Plan. The project will consist of low density residential, medium density residential and high density residential land uses. However, it is proposed that the entire site drain to the North Creek trunk sanitary sewer, including the southern portion currently designated as part of the Farmington Outlet District. Applying the estimated sanitary sewer flow as defined in the Comprehensive Sanitary Sewer Plan to each land use results in an estimated peak flow of 0.240 MGD or 0.37 CFS from the Avonlea project. These amounts are well below those contemplated by the City's Comprehensive Sanitary Sewer Plan for the project area. While the project is consistent with the City's Comprehensive Sanitary Sewer Plan, and no immediate sewer constraints were identified for this particular project, both the project proposer and City recognize that the downstream trunk sewer is expected to have an eventual 1.835 CFS shortfall. The City of Lakeville will continue to monitor the critical trunk sewer sections as recommended in the Comprehensive Sanitary Sewer Plan as well as compare the existing flow through the critical trunk sewer sections to determine the amount of development that can occur before the critical sections reach capacity. This is an ongoing review process that will depend largely upon the pace of development and market demand for additional housing and commercial resources in the area. The City and project proposer are aware that Comprehensive Plan Amendments will be necessary for sanitary sewer improvements that would occur prior to 2020 within portions of the project area. The project proposer will pursue Comprehensive Plan Amendments that will re -guide the current development staging described in the 2008 Lakeville Comprehensive Land Use Plan immediately following the Environmental Review Process in conjunction with the preliminary plat application. 4 Section ll.b.ii. - Stormwater Thank you for your comments regarding MPCA National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Stormwater Permit requirements. The project proposer is committed to implementing Best Management Practices (BMPs) during construction, will adhere to current requirements related to soil erosion and stabilization, and will review fish spawning dates for any pertinent restrictions. The project proposer will submit updated stormwater and erosion control information with the Preliminary Plat Submittal, and will have a reviewed and approved Stormwater Pollution Prevention Plan (SWPPP) in place prior to construction. Section ll.b.iv. —Surface Waters Thank you for your comments regarding Department of the Army (DA) permitting. Once preliminary grading plans are available for the project, the project proposer will review those plans for potential impacts to wetlands and navigable waters of the United States (WOUS). If discharges of dredged or fill material in a WOUS is anticipated, the project proposer will seek a permit from the St. Paul District of the U.S. Army Corps of Engineers. Section ll.a.ii. — Groundwater Thank you for your comments regarding private water wells as identified in the Dakota County well database. The project proposer has made note of the three parcels that have well records. Any unsealed wells will be properly sealed by a licensed well contractor prior to site construction in accordance with State Rules. Unsealed wells will not be buried or constructed over without first being properly sealed and abandoned. Item 12. Contamination/Hazardous Materials/Wastes Agencies/Individuals Commenting: MPCA Response Thank you for your comments regarding the Phase I and Phase H Environmental Site Assessment (ESA) work completed for the project area. Because of the size of these documents, the information was summarized for the EAW. The documents have now been provided in full for clarification purposes regarding the work performed at the site (Appendix D Phase I; Appendix E Phase II), and known conditions. As mentioned in the EAW, the project proposer will prepare a Construction Contingency Plan prior to site construction to manage known impacted soils within the Phase II investigation area. Item 13. Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources Agencies/Individuals Commenting: MDNR, METC Response Thank you for your comments regarding wildlife protection. The project proposer appreciates the Minnesota DNR's concerns regarding potential wildlife impacts in the project area, both during and after construction. While there were no threatened, endangered, or special concern species records for the project site, the project proposer is aware that Blanding's Turtles have been reported in the project vicinity that could potentially be harmed by erosion control materials containing mesh. The project proposer will consider using wildlife -friendly erosion control products, and will refer to the recommendations for avoiding and minimizing impacts to this species during construction. The project proposer plans to install surmountable street curbs to reduce impacts on wildlife from automobiles, and will consider the use of wildlife -friendly stormwater drains and oversized culverts to facilitate wildlife passage beneath roadways. The project proposer will also consider introducing educational materials along trails to facilitate public awareness and wildlife impact avoidance. To the degree possible, and as acceptable to the city, disturbed buffers and natural corridors will be seeded to native seed mixes from locally attainable sources. Existing trees and vegetation will be retained, where possible, and the planting of native tree and shrubs will be considered along stream and greenway corridors. Item 18. Transportation Agencies/Individuals Commenting: DCTY, RE Response Thank you for the comments regarding the two access points proposed to Cedar Avenue being limited access intersections. We understand that Dakota County will allow the limited access intersections, but not full access. We are aware that Dakota County has confirmed that the intersection of Dodd Boulevard and Cedar Avenue will be reconstructed as a limited access intersection, and the intersection of 179th Street and Cedar Avenue will become a full movement access. Regarding the recommendation to restri�e 185"' Street (CSAR 60) to accommodate dual left turns, Dakota County states that the extension of 185 Street (CSAR 60) will likely occur before 2025. This is duly noted. At the time this recommendation was made, there were no plans in the CIP to extend 185"' Street (CSAH 60) to the east; therefore the recommendation was made so as to improve traffic flow at the intersection. The County says they have been in talks with the City to create a north/south collector roadway through the Avonlea project. Hamburg Avenue is well-positioned to become that collector. It is duly noted that pedestrian access will be provided to the planned RED Line Bus Rapid Transit facility. Thank you for your comment regarding the programming of 185"' Street extension. Regarding the question "Is the proposed subdivision premature?" the response is "no". As mentioned above, when this recommendation was made, there were no plans in the CIP to extend 185"' Street (CSAR 60) to the east; therefore the recommendation was made so as to improve traffic flow at the intersection. The proposed development and staging of construction for 185"' Street will be such to provide adequate capacity for the streets serving the project, as well as provide for right-of-way and proportional funding for the completion of 185"' Street to serve not only Avonlea but surrounding land uses as anticipated by the Comprehensive Plan and Dakota County and Lakeville CIPs. Further, both agencies are in the planning stages to improve other roadways in the area (such as 179"' between Cedar and Dodd through the Boatman property) that will provide safer alternatives for development traffic other than a reliance on Cedar Avenue. Item 19. Cumulative Potential Effects Agencies/Individuals Commenting: METC Response Thank you for your comment regarding higher density residential uses along corridors, Thrive 2040, and the draft Transportation Policy Plan which is scheduled for adoption in January 2015. This is duly noted.