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8a. Villages on the Ponds: Findings of EAW.i CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 ' MEMORANDUM TO: Don Ashworth, City Manager ' FROM: Bob Generous Senior Planner ' DATE: August 8, 1996 I SUBJ: Findings of Fact Regarding the Decision on Need for Environmental Impact Statement, Villages on the Ponds BACKGROUND VILLAGES ON THE PONDS PROJECT Findings of Fact Regarding Decision on Need for Environmental Impact Statement ' L PROJECT DESCRIPTION Lotus Realty Services proposes to construct a mixed use development in Chanhassen, Minnesota, consisting of 391,000 gross square feet of office /retail/ commercial uses and 266 attached residential units. ' The project location is bound by Highway 5 to its north, Lake Susan and Rice Marsh Lake to its south, and Highway 101 runs through its western edge. Downtown Chanhassen is directly north of the proposed site. Primary access will be from Highway 5 via 101 and Great Plains Boulevard. "Villages on the Ponds" is intended to be a Neotraditional village community mixing retail, ' office, institutional, hospitality and residential uses on the site. The internal roadway system will be primarily one north/south street and one major east /west route. ' Building design standards will coordinate building styles, landscaping, hardscapes, signage, lighting and other design features. The project site is 62 acres and is a proposed Planned Unit Development (PUD). The proposed ' plan includes: 1 27.5 acres of impervious surface. Don Ashworth August 8, 1996 Page 2 Approximately 2,192 proposed parking stalls (1,698 surface and 494 enclosed, which is approximately 3.04/1,000 square feet). 13.50 acres of wetland to remain on site. 6.1 acres of existing tree cover to remain on site. The site will maintain a significant amount of undeveloped land on site with approximately 44% impervious surface proposed. Some of the primary environmental impacts are highlighted below and described in greater detail within the applicable categories of the EAW. Existing Tree Canopy Cover - Existing canopy cover is approximately 26 acres of deciduous trees. Approximately six acres of this is proposed to remain after completion of the project. Pockets of vegetation will remain in or near wetland areas, with a majority of the tree cover to be concentrated along the southern portion of the property near Lake Susan and Rice Marsh Lake. Site Preparation - Site grading will occur on approximately 53 acres of the 62- acre site. Erosion and sedimentation control measures will be constructed prior to initiation of site grading and will remain in place through the construction process. Storm Water Runoff - Storm water runoff will be distributed to six ponding areas on site to provide sediment and /or nutrient removal. In most cases, the treatment ponding will be adjacent to wetlands remaining on site. In all, 1.54 acres of storm water ponding is proposed on site. Future runoff rates for the developed site will be at or below existing runoff rates from the site. Wetlands - The proposed site plan will impact 2.21 acres of the 16.0 acres of wetland on site. Replacement plans will include 2:1 ratios. II. REASONS FOR ENVIRONMENTAL REVIEW The Villages on the Ponds project meets and exceeds the state Environmental Assessment Worksheet (EAW) threshold for mixed commercial /residential development (Minnesota Rule 4410.4300, Subp. 32). Pursuant to Minnesota Rule 4410.1000, Subp. 4, the Villages on the Ponds EAW addresses the cumulative impacts of the project. III. ENVIRONMENTAL REVIEW PROCESS The Villages on the Ponds EAW was submitted to the Environmental Quality Board on June 24, 1996. ' The EAW Notice of Availability was published in the July 1, 1996 issue of the Minnesota EQB Monitor Don Ashworth August 8, 1996 ' Page 3 t Copies of the EAW were mailed to all of the agencies and organizations on the EQB official EAW distribution list (See Appendix A). The 30 -day comment period ended on July 31, 1996. ' IV. COMMENTS ON THE EAW During the comment period, letters of comment were received from the following agencies, organizations and individuals: Metropolitan Council Minnesota Historical Society Minnesota Department of Natural Resources Minnesota Pollution Control Agency ' The comment letters on the Villages on the Ponds EAW are included in Appendix B. Following is a summary of the comments received and responses to the comments. ' A. Metropolitan Council 1. The Metropolitan Council commented that the project will need to be submitted to the Council's Wastewater Services staff for a review of the sanitary sewer extension. The project will also need to be submitted to the Riley- Purgatory-Bluff Creek Watershed District for issuance of a ' grading and land alteration permit. RESPONSE: The record has been amended to indicate that approvals by the Riley- Purgatory- ' Bluff Creek Watershed District and the Metropolitan Council Wastewater Services, regarding the grading and land alteration permit and sanitary sewer extension will be required as part of the project. 2. The Metropolitan Council commented on their concern that 75% of existing tree coverage will be eliminated during project construction. Additionally, wetland mitigation sites are proposed in areas with steep slopes and /or tree coverage. The Council recommends that alternative mitigation sites be considered which would not impact steep slope boundaries around Riley Creek or Lake Susan and Rice Marsh Lake wetlands. ' RESPONSE: The locations of the wetland impact and mitigation areas have been revised through the wetland permitting process. The revisions decreased the amount of mitigation in areas which are currently wooded and avoided the steep slope area along Lake Susan. ' Coordination with the Army Corps of Engineers, MN Department of Natural Resources, City of Chanhassen wetland permitting staff, and the Riley- Purgatory-Bluff Creek Watershed District is on- going. ' 3. The Council is concerned about development around Rice Marsh Lake that will produce additional runoff which would eventually reach Lake Riley. Lake Riley is a "priority " lake and Don Ashworth August 8, 1996 Page 4 would require a nutrient budget analysis, if the project had direct impacts. The Diagnostic_ Feasibility Study of Seven Metropolitan Area Lakes, Part Two: Lake Riley study documents the ecological connection between Rice Marsh Lake and Lake Riley. Based on this study, the Metropolitan Council recommends that water quality measures should be required that minimally hold future runoff volumes at or below current volumes in order to avoid degrading the quality of water in both Lake Riley and the Minnesota River. The Council recommends that a numerical nutrient budget analysis be performed to characterize the extent of the potential impacts of the proposed development upon Lake Riley. RESPONSE: The City of Chanhassen has an approved Surface Water Management Plan. The plan incorporates the guidance and rules for water quality and quantity. The pond design for the Villages on the Ponds project meets all requirements of the City's SWMP by utilizing sediment and nutrient basins, stormwater retention basins and best management practices. The current project design will provide adequate protection of the sites natural resources, in accordance with existing technology and regulations. Stormwater runoff rates for the development will be at or below existing runoff rates. 4. The Council states that wastewater from the project site would be conveyed to the Blue Lake wastewater treatment plant, rather than the Pig's Eye treatment plant. RESPONSE: The aforementioned correction is noted and included as part of the official project record. B. Minnesota Historical Society The Minnesota Historical Society commented that the area has potential to include archaeological properties and concurs with the need for a Phase I survey. RESPONSE: A Phase I survey of the site was conducted in July and the report provided to the State Historic Preservation Office (SHPO). Though a formal review has not been completed, Scott Anfinson of SHPO gave verbal concurrence with the report in a meeting on August 6, 1996. Five archaeological sites were found during the Phase I survey. Two of these sites, which are located near Lake Susan, are recommended for Phase II analysis. The Phase II analysis will consist of a maximum of five one -by -one meter excavated units. The results of the Phase II will also be coordinated with SHPO. C. Minnesota Department of Natural Resources (DNR) 1. The DNR is concerned that the EAW understates the magnitude of habitat loss that will occur as a result of the project. The project results in a 75% loss of woodland habitat and 44% of the site is converted to impervious surface. RESPONSE: The EAW acknowledges that the project will reduce wildlife habitat and species diversity. The DNR comment is consistent with the information provided in the EAW. It should also be noted that much of the site was previously farmed and the majority of the tree canopy consists of young trees and saplings that have volunteered throughout the site over the past thirty years. Don Ashworth August 8, 1996 Page 5 ' 2. The DNR commented that forested areas are extremely useful in reducing runoff because forest soils are porous and readily absorb runoff. The DNR recommended that wetland mitigation ' occur in treeless areas and notes that elevating existing water levels in a wetland can kill nearby trees. ' RESPONSE: The location of the wetland mitigation areas was revised through the wetland permitting process. The revision resulted in decreasing the amount of mitigation in areas which are currently wooded. Coordination with the wetland permitting agencies is on- going. ' 3. The DNR commented that retention of under story vegetation in tree preservation areas is necessary to reduce erosion potential on steep slopes. ' RESPONSE: The existing under story vegetation will be maintained in the areas designated as preserved tree cover on the site plan. ' 4. The DNR commented that native species should be used for tree replacement, whenever possible. Additionally, species should be targeted to site conditions. Caution should be used in areas where oaks will be preserved, to avoid oak wilt disease. ' RESPONSE: The final landscape plan for the Planned Unit Development plan incorporates native species as much as possible to insure survivability of the plantings as well as provide food and cover to native wildlife species. Species selection will be determined based on physical site conditions. Snow fence placement and selective pruning will be used to minimize tree injury and prevent oak wilt disease. As parcels are sold and developed, covenants will be used to favor native landscape plantings for individual site development. D. Minnesota Pollution Control Agency ' 1. The MPCA staff urges implementation of the mitigation that has been recommended at signalized intersections. ' RESPONSE: The City of Chanhassen staff is working with the MN Department of Transportation and the applicant to determine which recommendations are necessary and feasible, as well as the time frame for implementation. 2. The MPCA commented that the EAW estimates carbon monoxide concentrations for existing ' and build /no build scenarios for one year after project completion. None of the recommended roadway improvements were assumed in the air quality analysis. Based on the carbon monoxide concentrations, no violations of the state ambient air quality standards are projected. Therefore, no significant air quality impacts are expected as a result of the proposed project. RESPONSE: No response necessary. C Don Ashworth August 8, 1996 Page 6 V. FINDINGS OF FACT/DECISION ON NEED FOR EIS Minnesota Rule 4410.1700, Subp. 7, specifies the following criteria to be used in deciding whether a project has the potential for significant environmental effects. Type, extent and reversibility of environmental effects. Cumulative potential effects of related or anticipated future projects. 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 proposers of an EIS previously prepared on similar projects. Based on the information contained in the EAW, comments received on the EAW, and the criteria listed above, the City of Chanhassen, as the RGU makes the following determinations: A. The project does not have the potential for significant environmental effects. B. The preparation of a State Environmental Impact Statement on the project is not needed or recommended. C. The City of Chanhassen may issue permits to allow construction in compliance with the rules of the EAW and in conformance with the Minnesota Environmental Policy Act. RECOMMENDATION Staff recommends that the City Council approve A Resolution Declaring No Need for an Environmental Impact Statement for the Villages on the Ponds Mixed Use Development Project. Attachments 1. Appendix A - Villages on the Ponds EAW Distribution List 2. Appendix B - Comment Letters 3. Appendix C - Resolution n 1 APPENDIX A - VILLAGES ON THE PONDS EAW DISTRIBUTION LIST 03.07.06 10 :05 %T612' 370 1378 FAW Distribution List Gregg Dos ;ding Environmental Quality Board Environmental Review Program 300 Centennial Office Building 658 Cedar Street St, Paul, MN 55155 BRIT' INC X003 AttguSt 6, 1996 Tim Alan Department of Public Service 200 MCUO Square Building ' 121 - 7th Place East St. Paul, MN 55101 ' Toni Balcom Natural Resources Office of Planning 500 Lafijyette Road, Box 10 St. Paul, MN 55155 Gerald Larson Transportation Mn/DOT Environmental Services 3485 Hadley Avenue North Oakdale, IVIN 55128 Paul Burns Agriculture 90 West Plato Boulevard St. Paul, MN 55107 Historical Society State Historic Preservation Office 345 Kellogg Boulevard West St. Paul, MN 55102 Rita Messing NON Dcpt. of Health 121 East 7tb Place, Suite 220 ' St_ Paul, MN 55101 Doug Thomas , Board of Water and Soil Resomrces One West Water Street, Suite 200 St. Paul, MN 55107 ' Z ona DeWitt ' Legislative Reference Library 645 State Office Building ' St. Paul, MN 55155 Environmental Conservation Library 300 Nicollet Mall Minneapolis, MN 5540] Paul Noff Pollution Control Agency , Environmental Analysis Office 520 Lafayette Road St. Paul, MN 55155 , Ben Wopat, Chief ' U.S. Army Corps of Engineers Rt;gulatoly Functions Branch 190 fifth Street East ' St. Paul, MN -5_5101 -163$ 1 1 1 1 1 1 1 1 1 1 1 1 1 ir8i07, -96 10:05 $612 370 1378 William D. Franz Chief of Environmental Review Board U.S. Environmental Protection Agency 77 West Jackson Boulevard Chicago, IL 60604 -3590 Lynda V oge - Referrals Metropolitan Council Mears Park Centre 230 Fast Fifth Street St. Paul, MN 55101 BRW INC U.S. Fish and Wildlife Service Twin Cities Field Office E.S. 4101 East 80th Street Bloomington, MN 55425 -1665 Brad Johnson Lritus Realty Services 551 West 78th Street Chanhassen, MN 55317 Ms_ Ceil Strauss Nor. Bob Oberrnever Area Hydrologist - Metro Region Riley Purgatory )3lulf Creek WD Minnesota DcparMtent of Natural Resources c/o Barr Engineering 1200 Warner Road 8301.1 Norman Center Drive, Suite 300 St. Paul, MN 55106 1Vlxmcapolis, MN 55437 Mr. Roger Gustafson Carver CQiaity Engineer 600 East 4th Street Chaska, MN 55318 Chanhassen Library c/o City of Chanhassen 690 Coulter Drive, Box 147 Chanhasscn, MN 55317 City of Chanhassen Staff / Conuaiission / Council 690 Coulter Drive PO Box 147 Chanhassen, MN 55317 -0147 U 004 PAR' ^_7501.51' APPENDIX B - COMMENT LETTERS Metropolitan Council Minnesota Historical Society Minnesota Department of Natural Resources Minnesota Pollution Control Agency Metropolitan Council Working for the Region, Planning for the Future ' July 29, 1996 Mr. Robert Generous City of Chanhassen Planning Director 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 RE: Villages on the Ponds Environmental Assessment Worksheet Dear Mr. Generous: RECEIV AUG 0 6 RF2'g CITY OF CHANh^0,:1L,I The Council's Environmental Services staff has conducted a review of this environmental assessment worksheet (EAW; to determine its adequacy and accuracy in addressing regional concerns. Staff has determined that the EAW is incomplete and may result in potentially negative water quality impacts to Lake Riley, a "priority" lake of the Metropolitan Council. Such an impact would be inconsistent with Council policies. The following comments address specific items in the EAW. Itom 8 - Permits and Approvals Required The proposed project will need to be submitted to the Metropolitan Council's Wastewater Services staff for a review of the sanitary sewer extension to service the site prior to its connection to the metropolitan disposal system. The project will also need to be submitted to the Riley- Purgatory-Bluff Creek Watershed District for review and issuance of a grading and land alteration permit prior to construction. Item 12 - Physical Impacts on Water Resources The EAVl% states on page 11 that proposed on -site wetland mitigation will result in the loss of approximately an acre of existing tree coverage. In addition to the tree cover, both proposed mitigation sites ap^?ar frorn f=igures 7 and 8 to be dominated by steep slopes in excess of 12 percent. In all, over 75% (20 out of 26 acres) of the existing tree coverage is proposed to be eiiminatedduring the construction of the proposed project. Council staff recommends that alternative mitigation sites be considered which 'would not impact the existing stabilized steep slope boundaries around Riley Creek or Lake Susan and Rice Marsh Lake wetlands. Item 18 - Water Quality - Surface Water Runoff The EAW states on page 17 that a nutrient budget analysis is not needed for this proposed project since neither of the two basins directly being impacted by the project, Lake Susan and Rice Marsh Lake, are Metropolitan Council "priority" lakes. However, Lake Riley, which receives outflow from Rice Marsh Lake via Riley Creek, is a priority lake of the Council. The Council is concerned about development around Rice Marsh Lake that will produce additional runoff into the lake. From 1958 until approximately 1978, the Lakeview Hills Wastewater Treatment Facility (WWTF) treated wastewater from the (then) viliage of Chanhassen and discharged effluent to a ditch less than 1/4 mile long that flowed directly into Rice Marsh Lake. During the lifetime of that facility, which had a long history of operational problems, the majority of suspended solids passing out of the Lakeview Hills WWTF were deposited in Rice Marsh Lake. Those suspended solids are organic matter rich in phosphorus and other nutrients. A large accumulation of organic, nutrient -laden materials now exists in the Rice Marsh Lake water and sediment columns. This 230 East Fifth Street St. Paul, Minnesota 55101-1634 (612) 291 -6359 Fax 291 -6550 TDD /TTY 291 -0904 Metro Into Line 229 -3780 An Equal Opportunity Employer No formal action will be taken on this EAW by the Council. Council staff recommends that the city ' evaluate and respond to all of the comments contained herein before making a negative declaration on this EAW. If you have questions or need further information please contact James Larsen, P.E., Environmental Planning and Evaluation Department, at 229 -2159. , Sincerely, Helen Boyer ' Director, Environmental Services Division cc: Julius Smith, Metropolitan Council District No. 4 , Keith Buttleman, Director, Environmental Planning and Evaluation Dept. James Larsen, EPE ' Carl Schenk, Sector Representative, OLA Lynda Voge, Terrence Kayser, OLA Gregg Downing, Minnesota Environmental Quality Board C information is borne out in a study published by the Council in September 1983 entitled: Diagnostic - Feasibility Study of Seven Metropolitan Area Lakes, Part Two: Lake Riley. The study indicated that Lake Riley receives outflow from Rice Marsh Lake as well as surface runoff from ' the developing watershed surrounding it. Lake Riley is eutrophic, experiencing algal blooms and nuisance macrophyte growths. The study determined that phosphorus was the critical nutrient for phytoplankton growth in Lake Riley. Sampling of surface inflow to Lake Riley from the outlet of Rice Marsh Lake was , found to provide 83 percent of the annual surface inflow of phosphorus to Lake Riley during 1982. Analysis included in the study showed that the phosphorus load is proportional to the flow between the two lakes. By controlling flow out of Rice Marsh Lake, one can control the phosphorus load from the lake. ' The Council's study concluded that the outflow volume of Rice Marsh Lake can be controlled by either reducing the volume of runoff in its watershed or by increasing storage within Rice Marsh Lake. Further Council studies since 1982 have indicated that negative impacts on the lake, probably due to urbanization, are increasing. Flow out of Lake Riley and Rice Marsh Lake occur generally at the same time - when ' Lake Riley nutrients are highly concentrated as a result of spring turnover of lake contents and resultant disturbance of settled nutrient -laden sediments. These findings are the specific basis for Council recommendation on this and previous development proposals in both Eden Prairie and Chanhassen that water quality measures should be required that minimally hold future runoff volumes at or below current volumes in order to avoid degrading the quality of water in both Lake Riley and the Minnesota River. The Council recommends that a numerical nutrient budget analysis be performed to characterize the extent of the potential impacts of this proposed development upon Lake Riley. Item 19 - Water Quality - Wastewaters , The EAW incorrectly states on page 18 that wastewater flow from the proposed project site would be conveyed to the MCWS Pig's Eye treatment plant for treatment and discharge to the Mississippi River. However, all wastewater flow from the city of Chanhassen flows to the Blue Lake wastewater treatment ' plant, located in Shakopee, for treatment and discharge to the Minnesota River. No formal action will be taken on this EAW by the Council. Council staff recommends that the city ' evaluate and respond to all of the comments contained herein before making a negative declaration on this EAW. If you have questions or need further information please contact James Larsen, P.E., Environmental Planning and Evaluation Department, at 229 -2159. , Sincerely, Helen Boyer ' Director, Environmental Services Division cc: Julius Smith, Metropolitan Council District No. 4 , Keith Buttleman, Director, Environmental Planning and Evaluation Dept. James Larsen, EPE ' Carl Schenk, Sector Representative, OLA Lynda Voge, Terrence Kayser, OLA Gregg Downing, Minnesota Environmental Quality Board C ' July 31, 1996 n MINNESOTA HISTORICAL SOCIETY Mr. Bob Generous City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 Dear Mr. Generous: RECEIVED AUG 0 6 RECD CITY OF CHANHASSEN ' Re: Villages on the Ponds W/2 S13, T116, R23, Chanhassen, Carver County SHPO Number: 96 -3097 Thank you for providing this office a copy of the Environmental Assessment Worksheet for the above - referenced project. It has been reviewed pursuant to responsibilities given to the ' Minnesota Historical Society by the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act and through the process outlined in Minnesota Rules 4410.1600. ' As indicated in the response to question 26a, the project area has potential to include archaeological properties. We look forward to reviewing the results of the survey of this area. ' If you have any questions regarding our review of this project, please contact our Review and Compliance Section at 612 - 296 -5462. Sincerely, Dennis A. Gimmestad ' Government Programs and Compliance Officer DAG:dmb ' cc: Chandra Maki, BRW Jackie Sluss, BRW 345 KELLOGG BOULEVARD VEST/ SAINT PAUL, MINNESOTA 55102 -1906 / TELEPHONE: 612 -296 -6126 July 31, 1996 Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, Minnesota 55155 -40_ 10 Kate Aanenson, Director of Planning City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 RE: Villages on the Ponds Environmental Assessment Worksheet (EAW) Dear Ms. Aanenson: AUG o CITY OF The Department of Natural Resources (DNR) has reviewed the EAW for the Villages on the Ponds project. We offer the following comments for consideration. Items 10 and 11 indicate the project results in woodland covertype conversion. Although preserving approximately six (6) acres of woodland will retain some habitat, the EAW understates the magnitude of habitat loss that will occur as a result of the project - related conversion to a more urbanized mix of covertypes. The proposal results in a 75% loss of woodland, and although it is correct that some species of birds and small mammals are adaptable and capable of surviving in urban habitat, their numbers will be reduced as the result of a substantial loss of food and cover (44% of the site is converted to impervious surface). The EAW should note that species diversity will decline and the potential for existing populations to remain viable will be reduced. The entire site provides a varied and complex set of habitat types; project implementation will diminish the habitat value of the remaining open lands. Item 12, Physical Impacts to Water Resources, indicates that wetland mitigation is proposed to be located in wooded areas. It should be noted that forested areas are extremely useful in reducing runoff because forest soils are porous and readily absorb runoff. We recommend that wetland mitigation occur in treeless areas. It should also be noted that elevating existing water levels in a wetland can kill nearby trees. Item 32, Other Issues, indicates that retention of the tree canopy along the trail is planned. If this measure is offered to reduce erosion potentials on steep slopes, it is important to retain understory vegetation as well. A mixture of trees, shrubs, and herbaceous plants are necessary to adequately prevent erosion problems. The following comments are offered to clarify or enhance information contained in the EAW and require no response. Species used for tree replacement should be native species whenever possible because these trees generally have the best chance of surviving and prospering in Minnesota's climate. Species choice should be targeted to site conditions. In tree preservation areas where oak are present, it will be necessary to use caution to prevent oak wilt disease. Thank you for the opportunity to review this project. We look forward to receiving your record of decision and responses to comments. Minnesota Rules part 4410.1700, subparts 4 & 5, DNR hdormation: 612- 2 96 -6157, 1 -800- 766 -6000 • TTY: 612- 296 -5484. 1 -800 -657 -3929 Fq[[, l 01 1.11ylo�cl 4ft P1 ntcJ un R P;ipei Containing,i Wh VAU11 f041 \linimum ul i0; t xl Co.numci Wage 7 L u 1 I l 1 1 n u Kate Aanenson, Director of Planning July 31, 1996 Page 2 require you to send us your Record of Decision within five days of deciding this action. Please contact Bill Johnson of my staff at (612) 296 -9229 if you have questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Natural Resources Environmental Review Section Office of Planning c: Kathleen Wallace Con Christianson Pete Otterson Ellen Heneghan Jon Nelson Lynn M. Lewis, USFWS Gregg Downing, EQB #970005 -01 ER2 LVILLAGES.DOC Minnesota Pollution Contro Agency Mr. Robert Generous, Planning Director City of Chanhassen 690 Coulter Drive Post Office Box 147 Chanhassen, Minnesota 55317 RE: Villages on the Pond, Environmental Assessment Worksheet Dear ;"Ir. Generous: Thank you for the opportunity to review and comment on the Villages on the Ponds development to be built in the city of Chanhassen, Carver County. Based on the information contained in the Environmental Assessment Worksheet (EAW), the Environmental Planning and Review Office staff believes that significant environmental effects are not likely to occur as a result of the project. Therefore, the preparation of an Environmental Impact Statement (EIS) does not appear warranted for the Minnesota Pollution Control Agency (MPCA) related issues. We do, however, have the following concerns: 1. The MPCA staff urges implementation of the mitigation that has been recommended at signalized intersections. 2. The air quality analysis in the EAW provided estimations for carbon monoxide concentrations for existing and build /no build scenarios for one year after project completion. To reflect the worst case scenario, none of the recommended roadway improvements were assumed in the air quality analysis. Based upon the carbon monoxide concentrations, no violations of the state ambient air quality standards are projected. Therefore, no significant air quality impacts are expected as a result of the proposed project. Minn. R. pt. 4410.1700, subp. 5, requires that you send us a copy of your specific responses to our comments. We look forward to receiving your decision on the need for an EIS. If you have any questions regarding our comments, please contact Christy Ceesay of my staff at 612/297 -8236. Sincerely, Paul Hoff, Direc or Environmental Planning and Review Office AUG 0 11996 Administrative Services Division -;lTy Up- t;HAlvHASSEN PHJf 1 J I r 520 Lafayette Rd. N.; St. Paul, MN 55155 -4194; (612) 296 -6300 (voice); (612) 282 -5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester , Equal Opportunity Employer • Printed on recycled paper containing at least 10% fibers from paper recycled by consumers. July 30, 1996 1 r 0 APPENDIX C - RESOLUTION 1 1 CITY OF CHANHASSEN I CARVER AND HENNEPIN COUNTIES, MINNESOTA 1x7_!114 RESOLUTION NO: C MOTION BY. SECONDED BY. A RESOLUTION DECLARING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE VILLAGES ON THE PONDS MIXED USE DEVELOPMENT PROJECT WHEREAS, an Environmental Assessment Worksheet was prepared for the Villages on the Ponds project according to the Environmental Quality Board regulations; and WHEREAS, notice of the EAW was published in the EQB Monitor on July 1, 1996; and WHEREAS, copies of the EAW were mailed to all of the agencies and organizations on the EQB official EAW distribution lists; and WHEREAS, the thirty -day comment period for the Villages on the Ponds EAW ended on July 31, 1996; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota that findings in the document titled "Findings of Fact Regarding Decision on Need for Environmental Impact Statement" ' Villages on the Ponds Project, be incorporated by reference into this resolution. BE IT FURTHER RESOLVED that a determination is hereby made that the preparation of an Environmental Impact Statement (EIS) for the project which is the subject of the EAW is not needed based on application of the following criteria to the factual information contained in the EA W. 1. Type, extent and reversibility of environmental effects; 2. Cumulative potential effects of related or anticipated future projects; 3. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority; and L �I 1 1 1 1 1 1 1 1 1 1 1 1 1 4. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the proposer, or an EIS previously prepared on similar projects. Passed and adopted by the Chanhassen City Council this day of 1996. ATTEST: Don Ashworth, City Clerk/Manager YES NO Donald J. Chmiel, Mayor ABSENT