final findings of fact and conclusions - srf...

FINAL

Findings of Fact and Conclusions

for

Future County Road Extension Project S.P. 2771-37D

City of Maple Grove Hennepin County, Minnesota

Proposer: City of Maple Grove RGU: Minnesota Department of Transportation

September 2013

Future County Road Extension Project Page i S.P. 2771-37D Findings of Fact and Conclusion

TABLE OF CONTENTS

I. ADMINISTRATIVE BACKGROUND/STATEMENT OF ISSUE ......................................1

II. FINDINGS OF FACT.............................................................................................................2

III. DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT STATEMENT ....4

A. Type, Extent, and Reversibility of Impacts .............................................................4

B. Cumulative Potential Effects of Related or Anticipated Future Projects ................8

C. Extent to Which the Environmental Effects are Subject to Mitigation by Ongoing Public Regulatory Authority ..................................................................9

D. Extent to Which Environmental Effects can be Anticipated and Controlled as a Result of Other Environmental Studies .......................................................10

IV. CONCLUSIONS...................................................................................................................11

APPENDIX A: Figures

APPENDIX B: Comments Received and Response to Comments

H:\Projects\7390\EP\Reports\FOFC\Draft 3_FINAL\7390-Future County Rd Ext-FOFC 130909.docx

Future County Road Extension Project Page 1 S.P. 2771-37D Findings of Fact and Conclusions

I. ADMINISTRATIVE BACKGROUND/STATEMENT OF ISSUE The City of Maple Grove proposes preservation of a footprint for the future four-lane divided county road between County State Aid Highway (CSAH) 30 and Trunk Highway (TH) 610 in Maple Grove and an interchange with I-94. The planned design of the I-94 interchange includes a ramp to eastbound I-94, a loop to the westbound lanes of the future county road, and auxiliary lanes on I-94 between TH 610 and Maple Grove Parkway. The project location is depicted in Figures 1 and 2 in Appendix A. The City of Maple Grove is the project proposer, and the Minnesota Department of Transportation (MnDOT) is the Responsible Governmental Unit (RGU) for the proposed project. An Environmental Assessment Worksheet (EAW) has been prepared for this project in accordance with Minnesota Rules Chapter 4410. The EAW was developed to assess the impacts of the project and other circumstances in order to determine if an Environmental Impact Statement (EIS) is indicated. The EAW was filed with the Minnesota Environmental Quality Board (EQB) and circulated for review and comments to the required EAW distribution list. A “Notice of Availability” was published in the EQB Monitor on May 13, 2013. A press release was provided by MnDOT to media outlets in the surrounding area. The EAW was made available for public review at the the MnDOT Metro District Office, Maple Grove Library, Minneapolis Public Library, and the Minnesota Department of Transportation Library. The EAW was also available on the project website at: http://www.dot.state.mn.us/metro/projects/610west/documents.html. The EAW public comment period was held until June 12, 2013. Two written comments were received during the EAW comment period (two agency comments). All comments received during the EAW comment period were considered in determining the potential for significant environmental impacts. Comments received during the comment period, and responses to those comments, are provided in Appendix B. Based upon the information in the record, which is composed of the EAW for the proposed project, the issues raised during the public comment period, the responses to the comments, and other supporting documents, MnDOT makes the following Findings of Fact and Conclusions.

http://www.dot.state.mn.us/metro/projects/610west/documents.html


II. FINDINGS OF FACT

Project Description

The proposed project includes construction of a future county road connecting CSAH 30 (half a mile east of CSAH 101) to TH 610 via bridges over I-94. This alternative also connects the future county road to I-94 via a ramp from the eastbound lanes of the future county road to eastbound I-94 and a loop from westbound I-94 to the westbound lanes of the future county road. An auxiliary lane would also be added to both eastbound and westbound I-94 from the future county road to Maple Grove Parkway. The eastbound lanes of the future county road would tie into eastbound TH 610 just east of the future TH 610 bridge over Maple Grove Parkway. The westbound lanes of the future county road would begin at an intersection with Maple Grove Parkway north of the future TH 610 bridge over Maple Grove Parkway, with a connection from westbound TH 610 as well. CSAH 30 would be realigned to form a new signalized intersection with the proposed future county road. Lawndale Lane would be closed from south of the future county road to 101st Avenue North, and a cul-de-sac would be constructed at the termini south of the future county road; the closed portion of Lawndale Lane would be removed. 101st Avenue North would be closed and removed from just west of the bridge over I-94 to just east of the south fork of Rush Creek. A layout of the Preferred Alternative is provided in Figure 3 in Appendix A. Proposed new construction and removals include the following:

A new urban high-speed four-lane divided county road. County State Aid Highway standards would be followed for the proposed roadway.

Bridges over TH 610 and I-94 for the westbound lanes of the future county road, a bridge over I-94 for the eastbound lanes of the future county road, and connections to westbound and eastbound TH 610. County State Aid Highway standards would be followed for the proposed bridges.

A signalized intersection with the future county road and CSAH 30 in Maple Grove; a segment of existing CSAH 30 and the trails on either side would be removed south of the intersection.

An auxiliary lane on westbound I-94 from Maple Grove Parkway to an access loop from I-94 westbound onto the westbound lanes of the future county road.

An access ramp from the eastbound lanes of the future county road onto I-94 eastbound and an auxiliary lane on I-94 from the ramp to Maple Grove Parkway.

Closure and removal of an approximately 0.54 mile segment of 101st Avenue North, from west of the 101st Avenue North bridge over I-94 to just east of the south fork of Rush Creek.


Closure and removal of an approximately 0.44 mile segment of Lawndale Lane from south of the future county road to 101st Avenue North; construction of a cul-de-sac at the end of Lawndale Lane (south of the future county road).

Stormwater ponds to collect highway runoff; proposed locations include the south corner of the new CSAH 30 / future county road intersection, between the future county road eastbound ramp and eastbound I-94, and within the westbound I-94 loop to the westbound lanes of the future county road.

Project Cost

Planning-level cost estimates for construction of the future county road, including construction of a new county road, proposed I-94 / future county road interchange, auxiliary lanes on I-94, and realignment of CSAH 30 / future county road intersection, range from approximately $36 million to $37 million (2011 dollars). The final project cost will vary depending upon the future design work and National Enivronmental Policy Act (NEPA) studies.

Project Funding

The proposed project is included in the 2030 Hennepin County Transportation Systems Plan (June 2011) and the City of Maple Grove 2008 Comprehensive Plan (October 2009); however, the project is not currently programmed for funding. Preliminary design and environmental review are being undertaken at this time for planning purposes only. Corrections to the EAW or Changes in the Project Since the EAW was Published

The ramp in the northwest quadrant of the Maple Grove Parkway/TH 610 interchange was originally included as part of the Future County Road EAW because it only provided access to CSAH 610. The TH 610 Project from Elm Creek Boulevard to I-94 has ben redesigned to include an access from Maple Grove Parkway to westbound I-94 in order to reduce pressure on the Maple Grove Parkway/I-94 interchange for westbound I-94 traffic. Access would be provided via a slip ramp from Maple Grove Parkway via CSAH 610. Therefore, the ramp in the northwest quadrant of the Maple Grove Parkway/TH 610 interchange will now be analyzed under the TH 610 FEIS Re-Evaluation since it provides access to I-94 and will be constructed as part of the TH 610 project. This change is identified in Figure 3 in Appendix A.


III. DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT

STATEMENT

It has been determined that an EIS is not necessary for the proposed project based on the criteria described in the following sections.

A. Type, Extent, and Reversibility of Impacts MnDOT finds that the analysis completed for the EAW is adequate to determine whether the project has the potential for significant environmental effects. The EAW described the type and extent of impacts to the natural and built environment anticipated to result from the proposed offset interchange footprint. This document provides corrections, changes, and new information since the EAW was published. Specific measures needed to mitigate impacts as a result of future project construction will be identified and documented in greater detail as part of future NEPA studies, consistent with requirements in place at that time. Following are the findings regarding potential environmental impacts of the proposed project and the design features included to avoid, minimize, and mitigate these impacts:

Environmental Review (Future NEPA Process)

The future county road extension project is in the pre-NEPA stage of the project development process. Construction of the future interchange may involve the use of federal funds, and will require the approval of an Interstate Access Request (IAR) by the Federal Highway Administration (FHWA). As such, future studies and environmental reviews will be required under the NEPA process. Construction Impacts

Construction contractors will be required to control dust and other airborne particulates in accordance with standard specifications in place at the time of construction. Permanent vegetation cover will be re-established as soon as practicable. Construction will occur during weekday hours, consistent with City of Maple Grove Code of ordinance to the extent that is reasonable. City of Maple Grove ordinances permit construction activities during the weekday daytime hours of 7:00 a.m. to 9:00 p.m., and 8:00 a.m. to 9:00 p.m. on public holidays and weekends (Chapter 20, Article III, Division 2, Sec. 20-85. Construction Activities). The need for night construction, outside of the hours set forth above, is not anticipated for this project, except for unanticipated emergency repairs or construction operations. If night time work is necessary to complete construction operations, and is allowed by both the City of Maple Grove and Hennepin County, residents will be notified in advance when and for what duration the work will occur. Advanced notice will also be provided to affected communities of any planned abnormally loud construction activities.


Excess materials and debris from this project such as existing pavement, fencing material, unsuitable grading material, and trees/vegetation will be disposed of in accordance with standard specifications and applicable rules (e.g., Minnesota Rules 7035.2825) in place at the time of construction. In particular, excess materials and debris will not be placed in wetlands or floodplains. Vibrations are expected to result from pile driving for bridge piers during bridge construction over I-94. Any necessary building susceptibility studies will be completed prior to construction following MnDOT standard practices in place at that time. In addition, the project has the potential to cause temporary vehicle delay on I-94 during construction activities. A Traffic Management Plan will be developed to address the maintenance of traffic on I-94 during construction. Potential Environmental Hazards

Potentially contaminated properties identified in the Phase I ESA will be evaluated for their potential to be impacted by construction and/or acquired as right of way. Any properties with a potential to be impacted by the project will be drilled and sampled if necessary to determine the extent and magnitude of contaminated soil or groundwater in the areas of concern. The results of the drilling investigation will be used to determine if the contaminated materials can be avoided, or the project’s impacts to the properties minimized. If necessary, a plan will be developed for properly handling and treating contaminated soil and/or groundwater during construction. If during construction, contaminated soils are encountered, the response will be handled consistent with Minnesota Pollution Control Agency (MPCA) requirements. Where MnDOT may be involved due to project activities affecting MnDOT right of way, MnDOT will work with the MPCA Voluntary Investigation and Cleanup (VIC) Program, the Petroleum Remediation / Brownfields Program, and the Minnesota Department of Agriculture Voluntary Investigation and Cleanup (AgVIC) Program as appropriate, to obtain assurances that MnDOT’s contaminated site cleanup work, and/or contaminated site acquisition, will not associate it with long-term environmental liability for the contamination. Wetlands

Twelve wetlands were identified adjacent to or within the construction limits. Jurisdictional determinations will be made by governing agencies during the permitting phase of the project or subsequent delineation updates. The proposed project has the potential to affect approximately 5.39 acres of wetland areas. Mitigation for unavoidable wetland impacts associated with the future proposed project will be followed in accordance with all rules, regulations, and replacement requirements in place at that time.


Erosion and Sedimentation Control

Erosion and sedimentation of all exposed soils within the project area will be minimized by using appropriate Best Management Practices (BMPs) during construction. Temporary and permanent erosion control plans will be identified in the final site grading and construction plans as required by the National Pollution Discharge Eliminary System – State Disposal System (NPDES-SDS) permit for construction sites in accordance to the MPCA standards, Elm Creek Watershed Management Commission (ECWMC) rules, and City ordinances. A Stormwater Pollution Prevention Plan (SWPPP) that includes erosion control and sediment management practices is required to be submitted in partial fulfillment of the NPDES permit. Erosion control measures will be in place and maintained throughout the entire construction period. Permanent erosion control measures will be implemented when disturbed areas have been stabilized. Water Quality

Runoff volume and associated pollutant loading is expected to increase as a result of the project. The project is expected to increase the amount of impervious cover within the interchange footprint. Stormwater runoff will be conveyed to treatment areas/basins to mitigate water quality impacts. A general stormwater management plan has been identified based on the proposed conditions as described below.

The proposed project will feature an urban stormwater conveyance system along the majority of the project that discharges to stormwater detention basins designed to meet ECWMC criteria. Some ramps will have rural roadways with conveyance occurring through the use of ditches and culverts. There are four proposed ponds to treat stormwater from the roadways associated with the future county road. The first new pond, Maple Grove SE Pond, is located in a very large loop ramp in the southeast quadrant of the Maple Grove Parkway/TH 610 interchange. This pond will replace an existing pond that will be removed due to the ramps associated with the eastbound lanes of the future county road and TH 610. The second and third new ponds, I-94 NE Pond and I-94 SW Pond, are located within the proposed northeast I-94 and the future county road loop and within the on-ramp gore area. The fourth new pond, CSAH 30 Pond, is located in the southwest corner of the future county road and CSAH 30 intersection. This pond will replace another pond that is currently located in the same vicinity. Final mitigation measures will be refined during final design, so as to be consistent with permitting requirements and BMPs in place at that time. Traffic

The FHWA has review and approval authority over access to the interstate system (i.e., I-94). A formal IAR must be completed and approved by the FHWA prior to implementation of the project. MnDOT and the Metropolitan Council will also be involved in this process and must also approve the access request as well.


Vehicle-Related Air Emissions

A qualitative evaluation of Mobile Source Air Toxics (MSATs) has been performed for this project as documented in this EAW. The scope and methods of the analysis performed were developed in collaboration with MnDOT and MPCA. This project is not currently programmed for construction; however, when it is funded and included in the program, air quality impacts will be reexamined to determine if additional analysis is needed based on updated requirements, including traffic volume thresholds and software packages. Traffic Noise

A planning-level traffic noise analysis was completed as part of the EAW, based on the Preferred Alternative design for the future county road. The goal of this analysis was to identify future traffic noise levels based on forecast traffic volumes for purposes of land use planning. In general, modeled daytime traffic noise levels at distances of up to 800 feet to 1,000 feet from I-94 would exceed State noise standards under future (2030) Build Alternative conditions. Modeled nighttime traffic noise levels at distances greater than 1,000 feet from I-94 would exceed State noise standards under future Build Alternative conditions. These distances are relevant for any future development that would occur in the northwest and southwest quadrants of the proposed I-94 / future county road interchange. The planning-level noise analysis does not constitute the required noise analysis that will be necessary as part of future traffic noise studies during the NEPA process. Future traffic noise analyses will require the identification of traffic noise impacts as a result of construction of the Build Alternative. Where impacts are identified, noise abatement measures will be considered following FHWA and MnDOT rules and guidance in place at that time. The proposed project described in this EAW may be subject to change to accommodate any necessary noise abatement measures required for the future project. Infrastructure and Public Services

No new utilities or public services would be required to serve the project. Several utilities will need to be adjusted or relocated in order to accommodate roadway construction. Utility adjustment / relocation will be coordinated with the utility owner prior to project construction. Right of Way and Relocation

Based on the current design concept, the future county road extension project from CSAH 30 to Maple Grove Parkway will require total take of two agricultural farmstead properties, totaling 100.5 acres. The acquisition and relocation of property due to the proposed project will be conducted in accordance with the Uniform Relocation and Real Property Acquisition Act of 1970, as amended by the Surface Transportation Uniform Relocation Assistance Act of 1987 and 49 CFR 24, effective April 1989 (revised January 2005), and/or other regulations in place at the time of project implementation.


Section 4(f) Resources

The project has been reviewed for potential Section 4(f) impacts. Rush Creek Linear Park is located north of CSAH 30 on the east side of Rush Creek, and the southern portion of the parcel is adjacent to the project footprint at CSAH 30. This parcel is outside the project footprint, and there would be no direct impacts to the Park. In addition, the Phase I and II Cultural Resources Studies found that the properties that were fully investigated within the Are of Potential Effect (APE) were not listed in, or eligible for listing in, the National Register of Historic Places (NRHP). However, one property, Farmstead M, was not surveyed because the landowner denied access to the property; therefore, it is unknown whether the property has the qualities for information and integrity to make it eligible for listing on the NRHP. This property is adjacent to the project footprint and may be temporarily impacted by minor grading along right of way for roadway removal of Lawndale Lane and 101st Avenue. Therefore, based on current conditions, no impacts to or use of any parks, historic sites, wildlife refuges, or other resources protected by Section 4(f) are anticipated as a result of the proposed project. The project will need to be re-evaluated for Section 4(f) impacts if the project receives federal funding in the future. Farmland

The future county road extension bisects multiple cropped areas and will require the total acquisition of one farmstead. Indirect impacts will occur on the edges of multiple cropped fields where access will be severed, or the amount of remaining farmland is infeasible to crop. None of the impacted farmland parcels are listed as being agricultural preserves; however, soils that are classified by the Natural Resources Conservation Service (NRCS) as prime farmland and farmland of statewide importance are located within and adjacent to the proposed roadway and interchange. Future land use in the area surrounding the roadway and interchange footprints is guided toward mixed uses, commercial uses, residential uses (high and low density), and open spaces. By the time future construction occurs, development may have replaced existing farmland uses. However, if farmland is still present and may be impacted by project construction, the appropriate analysis required by federal regulations in place at that time would be completed. B. Cumulative Potential Effects of Related or Anticipated Future Projects As discussed in Item 29 of the EAW, the cumulative potential effect of related or anticipated future transportation and development projects has been considered and the proposed project has low potential for cumulative impacts to the resources directly or indirectly affected by the project. Given laws, rules, and regulations in place, as well as local regulatory requirements and comprehensive planning and zoning laws, substantial adverse cumulative impacts to these resources are not anticipated.


C. Extent to Which the Environmental Effects are Subject to Mitigation by

Ongoing Public Regulatory Authority Project Permits and Approvals

See Table 1 for the list of anticipated permits and approvals required. This list will be updated with the future NEPA process based on approval and permitting requirements in place at that time. TABLE 1

PERMITS AND APPROVALS

PERMIT / APPROVAL AGENCY ACTION

REQUIRED Federal National Environmental Policy Act (NEPA) review and decision

Federal Highway Administration (FHWA)

Approval / Determination

Interstate Access Request (IAR) FHWA Approval Section 106 of the National Historic Preservation Act FHWA Determination

Section 106 of the National Historic Preservation Act

Tribal Historic Preservation Office (THPO) Consultation

Jurisdictional Determination U.S. Army Corps of Engineers (USACE) Determination

Section 404 of the Clean Water Act – Permit to be based on associated impacts USACE Permit

Section 7 of the Endangered Species Act

MnDOT Office of Environmental Stewardship on behalf of U.S. Fish and Wildlife Service (USFWS)

Determination - Consultation (if necessary)

State EAW Certification MnDOT Approval

EIS Need Decision MnDOT Declaration Order

Geometric Layout Review MnDOT Approval

Construction Plans MnDOT Approval

Section 106 of the National Historic Preservation Act

MnDOT Cultural Resources Unit (CRU)

Determination of Effect (on behalf of FHWA)

National Pollutant Discharge Elimination System (NPDES) Construction Stormwater Permit

Minnesota Pollution Control Agency (MPCA) Permit

Wetland Conservation Act (Replacement Plan) for work within MnDOT right of way

MnDOT with review by Board of Soil and Water Resources, and Minnesota Department of Natural Resources

Approval / Review


PERMIT / APPROVAL AGENCY ACTION

REQUIRED

Public Waters Work Permit Minnesota Department of Natural Resources (DNR) Permit

Section 401 Water Quality Certification MPCA Certification

Noise Exemption MnDOT and MPCA Approval Section 106 of the National Historic Preservation Act

Minnesota State Historic Preservation Officer (SHPO) Consultation

Local Controlled Access Approval Metropolitan Council Approval

Highway Interchange Request Metropolitan Council Approval Wetland Conservation Act for work outside MnDOT right of way City of Maple Grove Approval

Stormwater Management Elm Creek Watershed Management Commission Coordination

Erosion and Sediment Control Elm Creek Watershed Management Commission Coordination

Floodplain Impacts Elm Creek Watershed Management Commission Coordination

Municipal Consent City of Maple Grove Approval

D. Extent to Which Environmental Effects can be Anticipated and

Controlled as a Result of Other Environmental Studies MnDOT has extensive experience in roadway construction. Many similar projects have been designed and constructed throughout the metropolitan area. No problem is anticipated which the staff of MnDOT Metro District have not encountered and successfully solved many times in similar projects in or near the project area. Because the project proposed in the EAW is not funded for construction at this time, subsequent environmental documentation may need to occur closer to the time of construction. Future environmental studies will need to confirm environmental impacts and mitigative measures. MnDOT finds that the environmental effects of the project can be anticipated and controlled as a result of assessment of potential issues during environmental review, and experience in addressing similar issues on previous projects.

Appendix A

Figures

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101st Ave

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Figure 1

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MINNESOTAHennepin County

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Hennepin County, Minnesota

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Appendix B

Comments Received and Responses to Comments

COMMENT RESPONSE

Future County Road Extension Project Page B-1 S.P. 2771-37D Findings of Fact and Conclusion

Metropolitan Council

Response A: Comment noted. The project is not currently programmed for construction; however, the Metropolitan Council Environmental Services Interceptor Engineering Manager will be contacted prior to future construction in order to assess potential impacts to the Metropolitan Council interceptor system.

A

COMMENT RESPONSE


Metropolitan Council

Response B: As discussed in Item 12 of the EAW, complete avoidance of wetland impacts is not feasible to meet the project’s purpose and need, while maintaining design safety criteria that functions with planned local roadways in the vicinity of the proposed project. The proposed Future County Road and CSAH 30 are both high speed (50 mph) roadways; therefore, using a smaller curve to connect the Future County Road and CSAH 30 and avoid the wetland (SRF 2, DNR 309W) is not feasible due to safety concerns. Moving the connection of the Future County Road and CSAH 30 further to the north in order to avoid wetland impacts would require the acquisition of homes along Troy Lane. Jurisdictional determinations for impacted wetlands will be made by governing agencies during the permitting phase of the project or subsequent delineation updates. Future wetland evaluations will include appropriate sequencing measures including impact avoidance, impact minimization and mitigation for minimized impacts. Mitigation for unavoidable wetland impacts associated with the future proposed project will be followed in accordance with all rules, regulations and replacement requirements in place at that time.

B

COMMENT RESPONSE


Metropolitan Council THIS COLUMN INTENTIONALLY LEFT BLANK

COMMENT RESPONSE


Minnesota Pollution Control Agency

Response A: Comment noted.

A

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