2. Zavoral Mining and Reclamation Project-Determination of Adequacy, Final Environmental Impact Statement (FEIS) � '
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Memo � �
To: Mayor and City Council
From: Anne Hurlburt,City Administrator
Sherri Buss,City Planner
Date: September 21,2012 for September 25,2012 Special City Council Meeting
Re: Zavoral Mining and Reclamation Project
Determination of Adequacy,Final Environmental Impact Statement(FEIS)
The purpose of the September 28,2012 Special City Council meeting is to consider whether the
Environmental Impact Statement(EIS)for the Zavoral Mining and Reclamation Project is"adequate."
Attached for your review is a draft resolution adopting the Record of Decision,including findings of
fact,conclusions and an order determining that the EIS is adequate.
There are three criteria for determining whether the EIS is adequate,based on Minnesota Rules:
• the EIS addresses the potentially significant issues and alternatives that were raised in the
scoping document so that all significant issues for which information can reasonably be
obtained have been analyzed;
• the EIS provides responses to the substantive comments that were received during the draft
EIS review concerning the issues raised in the scoping document;and
• the EIS was prepared in compliance with the Environmental Policy Act.
The Council should use these criteria to deteimine whether it finds the EIS to be adequate.
Final EIS Process
The City Council approved distribution of the Final EIS on August 8. Notice of availability of the
FEIS was published in the EQB Monitor on Monday,August 20,2012 and a public comment period
ran through Monday, September 10,2012. A total of 21 comment letters were submitted during this
period. They were provided to the Council and are an attachment to the Record of Decision.
After review of the comments, staff and consultants found the following:
• Many of the comments were similar or identical to comments received on the Draft EIS.
Responses to those comments were provided in the"comments and responses"section of the
Final EIS.
• Some comments concerned issues outside of the scope of the EIS. The EIS does not need to
address issues that were not included in the Scoping Document.
�
� Some comments did not address the EIS or its adequacy,but concerned the future regulatory
process that will occur after the environmental review has been completed(Tiller's pending
CUP request).
• There were two specific issues related to the adequacy of the EIS that require additional
response: these concern 1)noise,specifically how it relates to the National Park Service's
recommended standards and tourism,and 2)providing the background data that was gathered
to complete the FEIS traffic analysis.
Reponses to these two issues are summarized beginning on page 18 of the draft Record of Decision.
The responses include additional mitigation to address noise, and a new Appendix F to be added to the
FEIS that includes the traffic data requested in the comments.
Staffbelieves that with the addition of this information that the EIS meets the adequacy criteria in
Minnesota Rules. AECOM and City staff are prepared to discuss the issues raised in the comments
and how they are addressed in the Final EIS with the Council at the meeting on September 25.
Alternatives for City Council Action
At the September 25 meeting the City Council may:
1. Adopt the resolution adopting the Record of Decision,finding the EIS to be adequate and thus
ending the environmental review process.
The city would have five days to notify all persons who received the FEIS of this action and a
notice would be published in the EQB Monitor. The next step would be review of the
Conditional Use Permit(CUP)for the project. If Tiller submits all of the info�nation needed
to determine that the application is complete by October 5,the Pla�ining Commission could
hold the public hearing at its November 7,2012 meeting.
2. Postpone action to a future date,if the Council needs additional information in order to make a
decision. If this is the case,then the Council should be specific about what data is needed and
set a date to continue its discussion.
3. Find that the EIS is inadequate.The Council would make this finding if it believes that tl�e
Final EIS does not meet the three criteria identified above.
MEQB Rules require that the City prepare an adequate EIS. "Denying"the FEIS or
ending the process without preparing an adequate FEIS is not an option.
If the Council finds the FEIS is inadequate,the City would have up to 60 days to prepare an
adequate EIS. Therefore,in making such a finding,it would be very important for the Council
to be specific about what is needed to make the EIS adequate. A revised EIS would need to be
circulated in the same manner as the FEIS distributed in August.
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Recommenda�on
We recommend that the City Council adopt the Resolution approving the Record of Decision
determining the FEIS for the Zavoral Mining and Reclamation Project to be adequate.
Attachments:
• Draft Resolution No. 09-25-12-01,with Attachments:
o Record of Decision
o Figure 1 (Project Location Map)
o Attachment A1,Tabular List of Comments Received on Final EIS and Copies of All
Comments
o Attachment A2,Final EIS Additions
■ Revised Pages ES-42 and 5-4
■ Appendix F: 2012 Traffic Analysis
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CITY OF SCANDIA
RESOLUTION NO. 09-25-12-01
ADOPTING RECORD OF DECISION IN THE MATER OF THE DETERMINATION
OF ADEQUACY OF THE ENVIRONMENTAL IMPACT STATEMENT (EI5)
FOR THE ZAVORAL MINE AND RECLAMATION PROJECT
WHEREAS, the City of Scandia (City) was the Responsible Governmental Unit for
preparation of an Environmental Impact Statement (EIS) for the proposed Zavoral Mine and
Reclamation Project (Project)proposed by Tiller Corporation on a 114-acre site located in
Sections 18 and 19, Township 32 North, Range 19 West in the City; and
WHEREAS, on August 8, 2012 the Scandia City Council authorized distribution of a
Final EIS; and
WHEREAS,notice of availability of the Final EIS was published in the EQB Monitor on
Monday, August 20, 2012, announcing the opportunity for public comment on the adequacy of
the Final EIS for a period ending 4:00 p.m. on Monday, September 10,2012; and
WHEREAS, the City received 21 comment letters in response to the notice published
announcing the opportunity for public comment on the Final EIS; and
WHEREAS, the Council has reviewed the comments received on the Final EIS, and has
revised the Final EIS to provide additional information where needed to address the issues raised
in the comments; and
WHEREAS,the Council and has found that the Final EIS is adequate as provided by the
Minnesota Environmental Quality Board(MEQB) Rules (Section 4410.2800 Subp. 4.) and that it
A. addresses the potentially significant issues and alternatives raised in scoping so that
all significant issues for which information can reasonably be obtained have been
analyzed;
B. provides responses to the substantive comments received during the draft EIS review
concerning issues raised in scoping; and
C. was prepared in compliance with the Environmental Policy Act (Minnesota Statutes,
chapter 116D) and the rules; and
WHEREAS a Record of Decision including findings of fact, conclusions of law and an
order determining the EIS to be adequate has been prepared as required by MEQB Rules;
Resolution No.: 09-25-12-01
Page 2 of 2 '
NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA,WASHINGTON COUNTY,MINNESOTA,that it hereby
adopts the Record of Decision in the matter of the Zavoral Mine and Reclamation Project,
attached as "Exhibit A"to this Resolution.
FURTHER,BE IT RESOLVED that the City shall notify all persons receiving copies
of the Final EIS of this decision, and that notice of this decision shall be published in the EQB
Monitor on October 15, 2012.
Adopted by the Scandia City Council this 25th day of September, 2012.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk
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� Zavoral Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
CITY OF SCANDIA
RECORD OF DECISION
IN THE MATTER�F THE DETERMINATION
ADEQUACY OF THE ENVIRONMENTAL
IMPACT STATEMENT(EIS)FOR THE
ZAVORAL MINE AND RECLAMATION FINDINGS OF FACT
PROJECT CONCLUSIONS OF LAW
SCANDIA,MINNESOTA AND ORDER
The matter captioi�ed above came before the City of Scandia("the City")for decision on
September 25, 2012. After affording all interested parties the opportunity to present
infornnation orally and in writing during the EIS process, after reviewing the Draft and
Final Environmental Impact Statements, and considering all of the evidence in the
records, files and proceedings herein,the Scandia City Council,being fully advised,
hereby makes the following Findings of Fact, Conclusions of Law,and Order:
FINDINGS OF FACT
I. Project Description
1. The Tiller Corporation, Inc. (Tiller)proposes to operate a gravel mine on the site of a
dormant gravel mine ui the City. The 114-acre site (Zavaral Site) is located along St.
Croix Trail North(State Trunk Highway [TH] 95), a State Scenic Byway,near its
intersection with TH 97. Tiller proposes to mine and reclaim 64 acres of the 114-acre
Zavoral Site(location shown on Figure 1, attached). Of the 64 acres proposed for
mining and reclamation, SS acres are located on portions of the site that were
previously disturbed by mining. A previously un-mined 9-acre area is also included
in the area proposed for mining. The site is located along the Lower St. Croix
National Scenic Riverway as designated under the Wild and Scenic Rivers Act
(Public Law 92-542 as amended; 16 U.S.C. 1271-1287}and Minnesota Statute
103F.351. Portions of the Zavoral Site are located within the St. Croix River District
Zone and scenic easement. Tiller proposes to conduct reclamation activities on
about 4 acres of the previously mined area located within the St. Croix River District
Zone and scenic easement. The area proposed for mining is located outside the St.
Cro�River District and scenic easement.
Tiller plans to extract gravel at the Zavoral Site, load it into tnzcks and transport it.
The mined material would be transported primarily to the Scandia Mine site located
between Lofton Avenue and Manning Trail,just north of 218�'Street in the City of
Scandia. Some of the material mined at the Zavoral Site znay also be transported
directly to construction project sites or other facilities for use and/or processing.
The material from the Zavoral Site would be combined with material mined at the
Scandia Mine to meet the specified gradations of znarketable aggregate pxoduced at
the Scandia Mine. Tiller plans to use the material from the Zavoral Site to replace
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Zavoral Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
inaterial currently transported to the Scandia Mine from Franconia Township,
Chisago County,Minnesota, and the Osceola, Wisconsin area.
2. The following pernuts and approvals would be required for the proposed project:
JURISDICTION PERMITS AND APPROVALS
State o Minnesota
Minnesota Department . Access Permit(TP 1721}
Of Trans ortation
Minnesota Pollution • NPDES (National Pollution Distcharge Elimination
Control Agency System)/SDS (State Disposal System) general
permit for stormwater discharges association with
construction activities{MNR100001)
• NPDES/SDS general permit for construction sand
and gravel facilities(MNG490000)
• Air Emissions Permit
Minnesota Department • Endangered Species Take Permit(if Butternut trees
of Natural Resources are reclassified from Special Concern to
Endan ered
Local Governnzent
CiTy of Scandia • Conditional Use Permit—Mining Operation
• Annual erating Permit
Carnelian-Marine • Permit for Stormwater Management
St. Croix Watershed
District
II. History and Need for an EIS
3. Tiller submitted an application for a Conditional Use Permit(CUP)to the City on
November 25,2008 for the Zavoral Mine and Reclamation Project. Tiller submitted
an Environmental Assessment Worksheet(EA'V�with the CUP application,to meet
the requirements of the City's Mining Ordinance(Ordinance No. 103) and State rules.
Tiller prepared the EAW per Minn. R.4410.4300. The City was the Responsible
Government Unit(RGU)for the EAW.
4. The site is located witiun the Agriculture (AG) Zoning District in the City's 2020
Coinprehensive Plan(adopted October 20, 1988), a�id the Zoning Map and
Development Code that were consistent with the 2020 Comprehensive Plan. These
were the current Compzehensive Plan and zoning regulations at the time that Tiller
submitted the CUP application.
5. On March 3, 2009,the Scandia City Council approved the Findings of Fact and
Record of Decision for the Zavoral Mine and Reclamation Project EAW that
concluded that an Environmental Impact Statement(EIS) was needed to determine
the project's potential for significant environmental impacts.
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Zavorai Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
6. The EAW Record of Decision noted that the City received a large number of
comment letters from agencies and individuals thai identified over a dozen issues that
were not adequately addressed in the EAW. Many of the identified issues related to
the project's location and potential iznpacts to the St. Croix River,National Scenic
Riverway, and other sensitive water and natural resources in the area near the Zavoral
Site.
7. The Notice of Decision for the EAW was published in tlie EQl3 Monitor on March
23, 2009. The notice identified the City as the RGU for the EIS for the Zavoral Mine
and Reclamation Project, pursuant to Minn. R. 4410.0500, Subpart I.
8. On Apri121,2009,the City approved a final Scoping Decision Document(SDD)for
the EIS. In August 2049,the City hired a consuItant to complete the EIS. The City
published a Notice of Intent to Prepare the EIS in the EQB Monitor•on September 7,
2009. The City provided the 2008 EAW, SDD,and all other related project
documents to the public on its website. T'he City established a Project Advisory
Committee(PAC) for the project in December,2009.
9. Tiller originally proposed to use the existing Zavoral Site Well to obtain water for
processing and gravel washing activities. The SDD identified potential ground water
impacts as an issue for the EIS, and included analyses of the project's proposed water
use and p�tential impacts. As the EIS analyses progressed,the Minnesota DNR
identified that the water appropriation permit for the existing well on the site that
Tiller proposed to use for processing and washing had expired. The existing muIti-
ac�uifer well had been used as part of the previous mining activities on the site. The
existing well accesses the Franconia-Ironton-Galesville Aquifer and the Mt. Simon
Aquifer,to a total depth of 648 feet. The 1989 Minnesota Ground Water Act strictly
limits new water use in the Mt. Simon-Hinckley Aquifer in metropolitan counties.
Based on this information Tiller conducted additional analyses,and determined that
using the existing well on the site at the levels required for processing and washing
activities would require a significant investment to address Minnesota DNR water
appzopriation permit requirements. Tiller also deternuned that the material mined at
the Zavoral site could be utilized without processing at the Zavoral site. Instead,the
material could be transported to the Scandia Mine,processed if needed, and combined
with materials at that site to meet spec�cations,or transported directly to
construction sites.
10. Tiller revised the project to eliminate all aggregate processing activities, including
washing, at the Zavoral site. Any processing of material would be conducted at the
Scandia Mu2e site. The revised project proposal significantly affected the EIS
alternatives and the required analyses. Based on Tiller's proposed revised project, the
City conducted a formal Scope Amendment Process, and approved a Revised Scoping
Decision Document(RSDD)for the proposed project in January 2010. The RSDD
was published in the EQ13 Monitor on February 8,2010.
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Zavoral Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order �
City of Scandia,MN
11. The RSDD identified the issues and alternatives that would be analyzed in the EIS,
including the following:
a. Land Use/Potential Environmental Hazards/Reclamation Plan and Economic
Impacts of each alternative,particularly analysis of tl�e alternatives and proposed
reclamation plan in relationship to sunounding area,and consultation and
coordination with natural resource x�ianagement agencies on the reclamation plan.
b. Covet�Types,particularly impacts to wetland cover types.
c. Fish, Wildlife and Ecologically Sensitive Resources, including a biological
assessznent,analysis of impacts and agency coordination.
d. Physical Impacts on Water Resources,including mapping all resources,
detezmination of impacts, and agency coordination.
e. Water Use, including az�analysis of water use under the revised project proposed
at both the Zavoral and Scandia Mine sites.
f. Water-Related Land Use Management Districts,particularly an analysis of
potential impacts to the St. Croix River District and National Scenic Riverway.
g. Erosion and Sedimentation,including impacts to water resources in the area such
as the St. Croix River, Zavorat Creek, seeps and wetlands.
h. Surface Water Quality and Quantity, including impacts to groundwater and
groundwater-dependent resources and surface waters.
i. Geologic Hazards and Soil Conditions,including revising the analysis based on
the revised project scope.
j. Solid Waste,Hazardous Waste and Storage Tanks,including analysis and
mitigation strategies related to groundwater and groundwater-dependent
resources.
k. Traffic, including impacts of each of the alternatives and impacts of hauling
mined material to the Scandia Mine site.
1. Stationary Source Air Emissions, including analysis of fugitive dust sources and
impacts to the St. Croix River.
m. Odors,Nflise,Dust, including quantifying current conditions and impacts under
each of the proposed alternatives.
n. Visual Impacts,including viewshed analyses at key viewing areas.
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Zavoral Mine and Reclamatiou Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
o. Compatibility with Plans and Land Use Regulations,including impacts to the
Carnelian-Marine-St. Croix Watershed District and St. Croix Riverway
Management Plans.
p. Cumulative Impacts.
12. The EQB rules require that an EIS evaluation address at least one alternative from
each of several alternative types,or provide a concise explanation of why an
alternative from a particular alternative type is not evaluated. The alternatives types
that were evaluated and those that were not evaluated in the Zavoral Mine and
Reclaination Project EIS are described as follows:
• Alternative#1: Proposed Project(Proposed Action}—Tiller's preferred proposal
to mine and reclaun the Zavoral Site, and to transport material for processing and
use to the Scandia Mine site. 64 acres would be mined and reclaimed, and 4 acres
of the previously mined area would be reclaimed. Project duration proposed to be
up to 10 years.
• Alternative#2: No Build(No Action)—no mining and no reclamation of the
Zavoral Site.
• Alternative#3: Reduced Time Frame for Mining Activities{Modified Scale of
Magnitude Alternative)—same activities as Alternative#1,with the site to be
mined for a maximum of five years.
o Subalternative#3A: The Project Advisozy Committee(PAC)identified
this alternative, and requested that it be analyzed in the EIS. The
alternative includes the same activities identified for Alternatives#1 and
#3, but specifies that mining at the site be completed over approximateiy
150-working days within one year.
• No Alternative Sites were included—Explanation: Off-site alten�atives do not
meet the project purpose and need of making use of the significant aggregate
resources that are found at the Zavoral Site. The site aiternatives are limited by
the presence of the natural resources due to the following: (1)The needs of a
mining project can only be met where mineral deposits exist, (2)where the
deposits are under control of the Proposer,{3) where mining activities are
permitted, and{4)where the mineral deposits can economically be mined,
processed and sold. Although there may be gravel deposits at other locations, if
they are not under control of the Proposer,are not located in an area where mining
is permitted, and cannot be economically mined,processed, and sold,they do not
met the purpose and need for the pro}ect.
• No Technology Alternatives were included—Explanation: Best practicable
technologies for the project activities will be utilized under all Alternatives#l,#3
and#3A.
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Zavoral Mine and Reclamation Project EIS Findings of Fact,Conclvsions of Law and Order �
City of Scandia,MN
• No Modified Scale Alteriaatives were included—Explanation: The project scale
was modified through the eliiniz�ation of processing and washing at the Zavoral
Site, and the creation of the RSSD. The potential for modification of the project
scale was aiso considered as part of the analysis of Alternatives#1 and#3.
Analysis of a separate modified scale alternative was not needed.
III. Draft Environmental Impact Statement
13. The Draft EIS (DEIS}was prepared in a manner consistent with EQB rules (Minn.
Rules 4410.2300)arzd in accord with the revised scvping decision. The DEIS
contained:
a. A cover sheet identifying the RGU, the project title,the project location,the date
of the public meeting on the DEIS, and tl�e date �or the end of the comment
period.
b. List of preparers.
c. Table of contents.
d. An executive summary which included a project overview, summary of DEIS
alternatives,content,and the major findings,potential mitigation measures,areas
of controversy, and issue to be resolved. The DEIS did not recommend a
preferred alternative.
e. A project ovezview including a project description,project purpose,its size,
scope,proposed phasing,the revised mining proposal, and the need for the
proposed project.
f. A list of all known governmental permits and approvals required by the project.
g. A description of the Project Advisory Committee (PAC) and its role in the EIS.
h. A d'zscusszon of tb,e areas of controversy.
i. A detailed description of the proposed project and alternatives, including a
detailed discussion of reclamation and altemative approaches,and a discussion of
current and proposed activities at the Scandaa Mine.
j. A discussion of the alternatives that were considered.
k. A discussion of the environmental, economic, employment and sociological
impacts generated by the project.
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Zavoral Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
1. A summary of the potential mitigation measures proposed to avoid,minimize or
mitigate for any adverse effects of the project.
14. Utilizing the information in the technical reports included in the DEIS Appendices,
the DEIS analyzed the environmentai impacts of the proposed project(Alternative
#1),two alternatives and one subalternative. The summary comparison of
alternatives and impacts notes the following:
a. The DEIS found that Alternatives#l,#3 and#3A would have similar impacts
over the duration of the mining operation,but that the duration of many impacts
would be shorter under Alternatives#3 and #3A than under Alternative#1.
b. Alternatives#3 and#3A may have a reduced potential for major storm events and
potential impacts to water resources than Alternative#1 due to the reduced
timeframe.
c. Under Alternative#3A, Tiller would not be able to comply with the City's current
restriction on the use of County Road 1 (Lofton Avenue) access at the Scandia
Mine during non-daylight hours.
d. Under Alternative#3A, dust emission rates would be higher on a daily and annual
basis than for Alternatives#1 and#3,though emissions would likely not exceed
standards or affect surface waters and other natural resources around the site
under Alternative#3A.
e. Under Alternative#3A, noise levels are expected to be higher than under
Alternatives#1 and#3 due to the larger number of trucks operating at the site, and
noise impacts would extend over 12 hour-working days rather than 10-hour days
proposed for Alternatives#1 and#3.
f. The Zavoral Site would be reclaimed earlier undez Alternatives#3 and#3A than
under Alternative#L
g_ The DEIS found that No Build Alternative(Alternative#2)would generally result
in no change from current conditions,and therefore would avoid the impacts
identi�ed for Alternatives#1, #3 and#3A. No reclamation of the previously
mined areas would occur. This alternative would not meet the purpose and need
for the project.
15. The Scandia City Council authorized distribution of the DEIS on February 28, 2012.
The authorization set a 60-day comment period for the DEIS. The DEIS was
distributed to the mailinb list contained in the EQB Rules,to the proposer,the
governmental units known to have permitted or approval over the project,and to
persons requesting the DEIS. A notice of availability of the DEIS was published in
the EQB Monitor�n March 19 2012, and a press release was published in area
newspapers on March 7, 20i2. The City placed a copy of the DEIS on its website.
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Zavoral Mine and Reclamation Project ETS Findings of Fact,Conclusions of Law and Order �
City of Scandia,MN
16. The public notice and press release included a brief description of the project,
information on the date,time and location of the public meeting,the date on which
the public comment period would end, and the locations at which copies of the Draft
EIS were available for review, including Scandia City Hall and local libraries.
17. The City held a public meeting to receive comments on the DETS on Apri13,2012
from 7:00 to 9:30 p.m. at the Scandia Community Center, 14727 209°i Street North
in Scandia, Minnesota. The meeting was attended by the proposer, City Planning
Commission, Council and staff,the project consultant, interested citizens, other
interested parties, agencies, and the local media. The meeting was recorded via
court reporter and a transcript is available upon request from the City.
18. During the comment period that ended oia May 18, 2012,the City received 15 verbal
connments at the Apri13 public meeting and 66 written comments. The City
prepared the Responses to Comments document that summarized the comments and
responded to the comments. The Comments and Responses were included in the
Final EIS.
19. The comments z'eceived during the public comment period address a wide range of
topics, including concerns related to the project's relationship to the City's
Comprehensive Plan and land use controls,the potential irnpacts of the project,the
proposed reclamation plan and mitibation,relationship of the project to the St. Croix
Scenic Riverway and otl�er adjacent resources, and the adequacy of the DEIS.
20. The alleged inadequacies in the DEIS expressed in the comments are summarized in
the table below.
21. The Responses to Comments document(included in the Final EIS,August 8 2012)
includes responses to the alleged EIS inadequacies. The responses provide
supplemental inforination and corrections to address the inadequacies identified in
the comments,or that explain how the EIS is adequate and satisfies the EIS rules.
The City of Scandia finds that,in response to the alleged inadequacies,the EIS is
adequate for the reasons set forth in the Responses to Comments documents. The
specific responses to the alleged inadequacies are referenced and summarized in the
table that follows:
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Zavoral Mine and Reclamation Project EIS Findin�s of Fact,Conclusions of Law and Order
City of Scandia,MN
Alle ed�IS inade ua Ci res onse to alle ed inade uac
Economic in�pacts,including local The potential economic impacts, including
economy,businesses and tourism not local economy,businesses and tourism were
quantified and addressed. quantified and addressed in the appropxiate
sections of the DEIS. Section 4.3.6 of the
DEIS quantifies the production ta��on
aggregate material and taxes that would be
paid by the project. Section 4.3.2 of the DEIS
analyzed tourism impacts,particularly related
to the St. Croix River and river corridor. The
DEIS analysis found that the proposed mine
would have no discernible impact on local
tourism based oi�the following:
• The local highways that handle
tourisna-reiated traffic have sufficient
reserve capacity to handle the change
in traffic volume for seasonal traffic.
Pexiods of congestion may be
experienced during peak weekend
travel times or on a holiday weekend,
with or without the Project
• The project will not be visible or
audible from key tourism sites or
visible from the Riverway.
• Potential noise impacts on the
Riverway do not exceed adopted State
noise standards.
• The potential project impacts to water
resources, air quality,and other
resources related to tourism and the
local economy can be mitigated to
avoid otential economic im acts.
Iznpacts to property values analysis did The property value study meets industry
not meet industry or provide the"hard standards. It was conducted by a Certified
look"at unavoidable economic impacts Real Property Appraiser licensed in
required by MEPA(Minnesota Minnesota and in conformance with the Code
Environmental Policy Act). Praperty of Ethics and Standards of Professional
impacts analysis had an inadequate Practice of the Appraisal Institute and
scope, sample size,and did not use Professional Appraiser Practice in Minnesota.
adequate comparable properties. The property values analysis utilized a one-
mile radius,because the results of the analyses
of other EIS itenns determined that no impacts
that affect ro ert value would occur outside
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Zavoral Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order •
City of Scandia,MN
Alle ed EIS inade uac Ci res onse to alle ed inade uac
that radius. The analysis used recent
comparable property sales near operating
gravel mines and similar facilities in
Mirmesota. While the number of property
transactions was relatively small due to the
low level of housin�market activity in recent
years, it was ai�adequate sample to determine
potential impacts. The analysis includes the
specific information and analyses required to
meet the MEPA requirements.
Property impacts analysis did not The BRKW analysis addressed factors that
adequately address noise impacts. may be considered a negative impact on
property values,including increased activity
at the Site,noise, dust,traffic, and other
factors that buyers considered in purchasing
properties close to a gravel mining operation.
The noise analysis (Section 4.15 of the DEIS)
detennined that there would be a perceptible
increase in noise levels at homes neaz the site,
and that the impact may affect homes within
'/4 mile of the tnine site. Within the '/4 mile
area,the DEIS analysis states that up to 5%
property value reduction may occur for
properties that are sold during the time that
the mine is operating,but that many factors
other than the mine will also contribute to the
values and potential sale prices of homes in
the area.
Sociological impacts, including noise, The DEIS analyzed each of the impacts
health,public safety, quality of life, did identified on residents and recreation users.
not include the perspective of recreation The DEIS recognizes that the operation of the
users and local residents. Zavoral Mine would have some impacts, but
as long as the mine is operated within the
proposed project that was analyzed in the
DEIS,implements the identified mitigation
tneasures and reclaims the site,neither the
negative nor positive impacts on recreation
users or local residents identified through the
DEIS anaiysis were determined to be
significant impacts based on the criteria for
defining"significant impacts"in Minn.R.
4410.1700.
Potential displacement of wildlife. The DE1S analysis notes that wildlife at the
Zavoral site would be temporarily displaced
by roject impacts to habit,noise and related
10
Zavoral Mine and Reclamation Project EIS Fuidings of Fact,Conclusions of Law and Order
City of Scandia, MN
Alle ed EIS inade uac Ci res onse to alle ed inade uac
impacts. Wildlife would most likely be
displaced tetnporarily to similar habitats in
adjacent areas to the north, east and south of
the property. No threatened or endangered
species would be impacted. The proposed
reclamation plan will provide suitable habitat
for displaced species after mining activities
are com leted at the site.
The Biological Survey was narxowly The DEIS considered direct and indirect
prescribed, and largely focused on state- impacts to all wildlife in and near the Zavoral
listed rare species on the Zavoral Site,and was not limited to endangered and
property. By law,the DEIS should threatened species on the Zavoral Site. The
include all ecologically sensitive analysis included impacts to surface water
resources, and the affected area is not habitats within the site and downstream,
limited to the Zavoral property. including the St. Croix River. The data
collected for the red-shouldered hawk survey
found no hawk territories in or adjacent to the
site. The analysis concluded that wildlife on
or around the Zavoral Site would most likely
be displaced temporarily to similar habitats in
adjacent areas to the north, east and south of
the site. The proposed reclarnation plan will
provide suitable habitat for displaced species
after mining activities are completed at the
site.
Issues in July 21,2008 Natural Heritage The Final EIS was updated to address the
Program letter retated to impacts to DNR natural Heritage Program comments
Butternut trees, a species of Special regarding Butternut trees,a Species of Special
Concern. Concern. The list of required permits was
updated to include an Endangered Species
Take Permit, if Butternut trees are reclassified
from S ecial Concern to Endangered.
Potential impacts to rare,threatened and Rare species surveys were completed for the
endangered species on site and in species that the Minnesota DNR Natural
adjacent areas, including mussel Heritage Program staff deterrriined to be at the
populations in St. Croix River. site or that had the potential to be impacted by
site activities. The water resource analysis
completed for the Draft EIS did not identify
any potential impacts to the St. Cro�River
due to the proposed project. The water
resource aualysis fownd that the best
management practices that will be
implenraented with the project would reduce
pollutant loadings to Zavoral,Middle and
South Creeks and the St. Croix River
11
Zavoral Mine and Iteclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
Alle ed EIS inade uac Ci res onse to alle ed inade uac
compared to existing conditions. Based on
this analysis,there was no need to survey the
mussel o ulations in the St. Croix River.
Impacts resulting fiom habitat The responses to the coinments on the Draft
iragmentation and edge effects, EIS analyzed the potential habitat
including noise and visual impacts on fragmentation that would occur during the
wildlife. project. The existing area of"edge effects"
on the site where the previously mined area
meets existing woodla�id is 4,065.61ineal feet.
After mining is camplete,the new edge would
have a linear distance of 4,329.6 feet, an
increase of only 264 feet(approximately 6%)
over the current condition. Therefore the
project would not significantly increase
habitat fragmentation and edge effects at the
site. As noted previously,the noise and visual
impacts on wildlife wili likely cause
temporary displacement of some wildlife to
adjacent areas, but this is not a significant
impact.
Irnpacts to the enviromnental quality of The DETS analysis notes that the majority of
the regzon and larger ecological context. the project site has had significant disturbance
due to past minang. The DEIS analyzed and
mapped the ecological context of the area, a�id
identified the potential impacts of the project.
The potential impacts identified were not
determined to be significant impacts based on
the criteria for defining "significant impacts"
in Minn. R. 4410.1700.
Impacts to waters near the site that feed The Draft EIS thoroughly analyzed the
the St. Croix River. potential impacts to surface and ground waters
at and near the site, including those that drain
to the St. Croix River. T'he water resource
analysis found that the best mana�ement
practices that will be implemented with the
project would reduce pollutant loadings to
Zavoral,Middle and South Creeks(which
drain to the St. Croix)and to the St. Croix
River com ared to existing conditions.
Impacts to St. Croix National Scenic Section 4.1.1.5 of the Draft EIS includes a
Riverway and National Park, and detailed description of the public natural and
MnDNR Regionally Significant recreational resources near the project area,
Ecological Area. Fails to consider including the Lower St. Croix National Scenic
special nature and designation of St. Riverway,the laws and regulations that
Croix River and existin laws and overn the Riverwa , and the MnDNR
12
Zavoral Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
AIIe ed EIS inade uacy Ci res onse to alle ed inade uac
regulations that govein the area. Regionally Sigtuficant Ecological Area.
Appropriate sections of the EIS analyze the
potential noise, air,water,visual quality, and
economic impacts to these areas as a result of
this project, and mitigation measures that
would avoid,minimize or mitigation potential
impacts to these areas. No significant irnpacts
were identified that would impact the
Riverway and Regionally Significant
Ecolo ical Area.
Cumulative impacts to the St. Croix The project's potential for cumulative impacts
National Scenic Riverway. to all areas were analyzed in Section 4.17 of
the Draft EIS. The section notes that no new
gravel operations (other than the proposed
project) or other development are proposed in
the vicinity that would impact the St. Croix
National Scenic Riverway. T'herefore no
significant cumulative impacts were
identified.
Water well testing was not adequate. An extended punip test was completed of the
Should test larger number of wells and well that would be utilized for the project.
cumulative effect of Zavoral and The test was conducted for 4 hours and 20
Abrahamsen Nursery welis. minutes, and removed 172,600 gallons of
water--17 rimes the ma�cimum daily potential
groundwater use for the project,based on the
Zavoral site well permit. The results of the
test showed a sma111eve1 of drawdown at the
Zavoral cabin well, and no draw downs on the
other monitored wells that were part of the
test This is consistent with expectations based
on the geologic conditions that e�cist at the
Site The test results indicate that no additional
test of wells located further from the site than
the test wells are needed to evaluate impacts.
As is the standard practice for pump tests,
measures were taken to avoid interference
from other wells in the area, including the
Abrahamson Well,which is more than 1 mile
from the Zavoral site well. Given the
geographic separation of the wells,the
potential for cumulative effects from pumping
is extremely small. The higher ievel of
pumping that is permitted and occurring at the
Abrahamson well would mask any im acts
13
Zavoral Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
Alle ed EIS inade uac Ci res onse to alle ed inade uac
from the Zavoral well, at the pumping rates
allowed b the Zavoral well ermit.
Did not evaluate alternative sites. The Draft EIS included the rationale for not
including alternative site evaluations. Off-site
alterrzatives were not investigated because
they do not meet the project purpose and need
to use the significant aggregate resources that
are found within the Zavoral mine site. Site
alternatives for the project are limited to the
presence of the resource; Iocations where the
proposer has control of the site; locations
where mining is allowed by the local
ordinance, and where the resource can be
economically extracted and utilized.
Did not evaluate modified scale A n7odified scale alternative was evaluated
alternative(alternative mine layout). during the EIS process. The original preferred
alternative included processing of aggregate
material at the site. The project was revised to
eliminate processing at the site based on the
significant investment that the proposer would
have needed to make to obtain the water
appropriation permit need for processing
activities. Tl�erefore, the EIS evaluated a
mod�ed scale alternative.
Did not evaluate reclamation-only A reclamation-oniy alternative is not feasible
alternative. because the only known source for funding
reclamation is the mining activity.
Inadequately addresses noise impacts The noise impact analysis followed standard
given rural setting and proximity to St. procedures for evaluating noise impacts in
Croix River. both rural and urban areas. The analysis
urilized the adopted State of Minnesota noise
standards to determine potential impacts. The
state noise standards are adopted by reference
in the City's Zor�.ing Ordinance, and are the
only enforceable limits available to the City.
Some comments suggested that the National
Park Service(NPS)goals for noise levels on
National Scenic Rivers be utilized as the
standard,but the State of Minnesota has not
adopted the NPS noise goals as regulations or
standards, and therefore the NPS boals are not
enforceable. The Ciry of Scandia cannot
adopt more stringent noise standards than the
State standards.
Does not address noise and dust impacts The project area includes 64 acres. 55 acres
14
Zavoral Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
Alle ed EIS inade uac Ci res onse to alle ed inade uac
due to tree removal. have heen previously mined. Trees will be
removed from approximately 9 acres of the
site that were previously not mined. Trees
will be added with proposed benns and as part
of the site reclamation. The limited t�ee
removal and addition of trees on berms were
considered in the EIS analyses.
Air and dust impacts on water resouxces The Draft EIS includes an extensive
and human health. evaluation of dust and noise impacis on
human health in sections 4.14 and 4.15, and of
the Fugitive Dust Control Plan and traffic
plans submitted by the proposer. The analysis
concluded that if the mitigation actions
included in the EIS are implemented,the dust
and noise impacts will a�ot exceed state
standards. The Draft EIS recommends
monitoring of air and noise at the mine site if
the project is approved,and implementalion
of the mitigation strategies included in the
EIS.
Calcium chlozide and other chemical Tiller is proposing to use a non-chloride
impacts on ground water. product for dust control. This information has
been added to the Final EIS. The only other
chemicals that may be utilized at the site
include limited amounts of fertilizers and
herbicides that would be used in reclamation
activities. The reclannation plan would
include a list of potential products to be used,
and standards for use that would avoid or
minimize otential im acts.
Low-frequency noise impacts. The noise analysis addressed the relationship
of potential noise impacts to the noise
standards adopted by the MPCA(MIv Rule
7030.0040) for low-frequency noise as well as
other noise im acts.
Noise impacts from back-up alarnis, Tiller indicaterl that broadband alanns (which
idling trucks and dumping gravel into have lower levels of noise impacts than
truck beds. typical back-up alarims) will be utilized on
Tiller equipment at the site. The City may
include other conditions to manage noise
potent�al noise impacts if it approves a
conditional use permit for the project, such as
specifying operating hours and traffic patterns
at the site that minimize inapacts.
Traffic im acts�iid not rovide MnDOT's Traffic Im act Study Guidance
15
Zavoral Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
Alle ed EIS inade uac Ci res onse to alle ed inade uac
adequate traffic counts and data, indicates that the items requested are not
capacity analysis and crash analysis. necessary for analysis of most developments.
Did not adequately analyze the traffic The projected hourly and daily traffic volurnes
impacts of the alternatives. for the project are well below the tl�reshold
discussed in the MnDOT Manual. However,
the City supplemented the Draft EIS
completed a level of service analysis for the
intersection at TH 95 and TH 97 and
additional crash data analysis in response to
the comments. The additional analysis
identified no significant poteantial impacts.
Impacts of diesel truck emissions on air The Final EIS includes additional analysis of
quality. the potential impact of diesel truck emissions.
When the potential einissions trom diesel
exhaust are added to the maa�imum ambient
impact of the project identified in the Draft
EIS,the total is less than the maXimum
allowed by the US Environrnental Protection
Ageilcy's national ambient air quality
standard{NAAQS).
Does not show the condition of the nnine The reclamation plan for the site is described
pit after mining is completed. in Item 3.1.1.3 of the Draft EIS. The Draft
EIS includes detailed plans that indicate the
proposed elevation of the mine floor after
mining is completed(Figures 5-10 in the
Draft EIS),and the vegetative communities
that will be used to reclaim the pit and the
rern.aix�der of the riai.ne site.
Light impacts were not adequately The City's Zoning Ordinance requires that
addressed. any supplemental lighting at the project site
be downcast and shielded to minimize the
potential of light iinpacts. The proposer
indicated that the only lighting that will be
implemented at tlae site will be security
lighting. The City will enforce its ordinance
requirements if a permit is approved for the
project. The City supplemented the DEIS with
additional information regarding lighting
re uirements.
Does not include specific BMP's to The Draft EIS notes that the project would
avoid or minimize impacts of thermal require several permits for the management of
pollution and erosion and sedimentation erosion and sedimentation,including NPDES
on Zavoral Creek. (National Pollution Discharge Elimination
System)permits for stormwater discharges,
construction, and gravel uarr ing facilities.
16
Zavoral Mine and Reclamation Project EIS Findings ofFact,Conclusions of Law and�rder
City of Scandia,MN
Alle ed EIS inade uac Ci res onse to alle ed inade aac
The permits will require a Storm Water
Pollution Prevention Plan(SWPPP). The
draft SWPPP that Tiller prepared for the
project that was reviewed for the Draft EIS
includes a variety of BMP's (Best
Manageinent Practices to avoid or nninimize
pvllution, erosion and sedimentation. The
MnDNR noted in its comments on the Draft
EIS that"T'he potential for increased
infiltration in the project area due to almost all
post-miziing drainage being contained on site
may actually cool the trout stream,as more
flow in the stream will be from groundwater
than surface water. It is probable that thermal
im acts to the trout stream will be minimal."
Water resource impacts not adequately Sections 4.4,4.6, and 4.10 of the Draft EIS
addressed: map spring locations,water analyzed all waterways and wetlands between
quality data from Middle and South the proposed Zavoral mining and reclamation
Creek, impacts of pollutants on area and the St. Croix River. Agency
receiving waters, impacts on vegetation comments(Washington Conservation
of seeps. District)on the DEIS noted that"we believe
that the DEIS has identified and addressed the
potential impacts to tl�e wetlands, surface
water resources, and natural plant
conununities to enable the City's decision on
these areas."
EIS should include a specific list of The Draft EIS includes a specific list of
mitigation measures agreed to by the mitigation measures that would avaid,
mine operator and the City. minimize or mitigate for the impacts that may
occur as a result of the project. State rules do
not require that the proposer and City"agree"
to a list of mitigation measures in th,e Final
EIS. The City and other permitting agencies
will use the list of mitigation measures
identified in the Final EIS as they review the
proposer's permit applications and develop
conditions for the Conditional Use Permit and
other re uired permits.
IV. Final Environmental Impact Statement
22. The City prepared a Final EIS pursuant to the requirements in Minnesota Rules
4410.2700. Following review of the comments received on the Draft EIS,the City
nnade some changes to the DEIS, as noted in the Final EIS. The City determined that
the bulk of the information in the Draft EIS had not changed. Therefore a Final EIS
17
Zavora]Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
including supplemental information,revisions and responses to substantive
comments was prepared, as required by Minnesota Rules 4410.2700,subpart 2.
23. The Final EIS was a packet that contained:
a. A cover sheet identifying the RGU,proposer, and contact persons, an abstract,
and the date by which comments on the Final EIS should be received.
b. A table of contents.
c. An introduction and summary.
d. A section pxesenting cormment letters and responses to comments.
24. The City dist�ibuted copies of the�'inal EIS on Augltst 20,2012, in a manner
consistent with Minnesota Rules 4410.2300, subp 3. The City provided copies to all
persons receiving copies of the Draft EIS, all parties who submitted comments on
the Draft EIS, and all persons requesting copies of the Final EIS. A copy of the
Final EIS was posted on the City website, and copies were available at Scandia City
Hall and at local libraries for review.
25. The notice of availability of the Final EIS was published in the EQB Monitor on
August 20, 2012, and a press release was issued to newspapers in the Scandia area
on August 9, 2012. These notices indicated the locations at which copies of the
Final EIS were available for review and the date on which the comment period on
the Final EIS were to expire (September 10,2012).
26. Twenty-one(21)comment letters and emails were submitted during the comment
period that ended on September 10, 2012. A tabular list of the comments received
and copies of all comments are included in Attachment A.1. Most of the comments
duplicated comments that were made on the Draft EIS, and the City previously
responded to those comments in the Final EIS. Many comments addressed issues
related to Tiller's CUP application and the application process, and were not related
to the adequacy of the EIS. However,two issues raised in the comments warranted
further attention and are identified and responded to in the table below:
18
Zavoral Mine and Reclamation Project EIS �indings of Fact,Conclusions of Law and Order
City of Scandia,MN
Alleged Final EIS City response to alleged inadequacy
inade uac
Comment Letter#5-RLK, Commenter rec�uested that flie supporting
Inc., Vernon Swing. documentation for the TH 97/TH 95 intersection
Documentation is not analysis be provided. This supporting documentation is
provided for attaehed(Attachment A.3)and included by reference as
supplemental FEIS traffic Appendix F, which has been added to the FEIS.
analysis.
Corrunent Letter 18, Response to item 1). The potential economic impacts of
National Park Service, the proposed project,including tourism impacts, were
Christopher Stein, quantified and addressed in the appropriate sections of
Superintendent, St. Croix the DEIS. Section 4.3.2 of the DEIS analyzed tourism
National Scenic impacts,particularly related to the St. Croix River and
Riverway. river corridor. The DE1S analysis found that the
proposed mine would have no discernible impact on
1) Tlae rationale used local tourism based on the foilowui�:
to conclude that
the proposed mine • The local highways that handle tourism-related
would have no traffic have sufficient reserve capacity to handle
discer�aible impact the change in traffic volum�e for seasonal traffic.
on local tourism is Periods of congestion may be experienced
flawed. during peak weekend travel times or on a
holiday weekend, with or without the Project.
• The project will not be visible or audible from
key tourism sites or visible from the Riverway.
• Potential noise impacts on the Riverway do not
exceed adopted State noise standards.
• 'I1ie potential project impacts to water resources,
air quality, and other resources related to tourism
and the local economy can be mitigated to avoid
potential economic impacts.
The City's Mining Ordinance permits mining only
between 7 a.m. and 7 p.m. on weekdays. Mining is
prohibited on weekends and holidays. Therefore,
mining and associated noise and traffic impacts will not
impact tourists and recreationists on the Riverway
during the times of heavier tourism and recreational
use.
The City will also incorporate this mitigation measure
into the Final EIS {Attachment A.2,revised pages ES
42 and 5-4 to address noise and traffic impacts durzng
19
.Zavoral Mine and Reclamation Pro,{ect EIS Findings of Fact,Conclusions of Law and Order
City of Scandia, MN
titnes of heavy totuism traffic:
• Consider a condition for mine operation that the
mine operate only between the hours of 7 a.m.
2) The EIS did not and Noon on Fridays
apply the
appropriate noise
standards to the Response to Item 2}. Tn addition to comparina the
Riverway projected noise analysis against Minnesota Rules,the
EIS also completed a detailed analysis of the projected
noise levels at multiple receptors along the St. Croix
Riverway and the ambient noise levels as measured by
the National Park Service (NPS)in the sumtner of 2011.
The existin�environment along the St. Croix Riverway,
as documented bv the NPS shows that the current noise
levels are low, at a median LSo noise level of 39.4 dBA.
Please note, the existing m�imum LSo noise levels are
higher than the median. The maXimum noise level
infornlation was not provided by the NPS. Since the
maximum L50 noise levels were not discussed in the
NPS report on the noise nlonitoring,the median was
used for the ETS analysis.
The NPS Final Covperatrve Management Plan ElSfor
the Lower St. Croix National Seenic Riverway does not
appiy the NPS 2006 Noise Management Policies to the
Riverway. The Management Plan policies state that
Noise levels would be consistentiv low. (emphasis
added)."
The detailed noise analvsis in the EIS showed that
modeled L5o noise levels from the proposed Project on
the St Croix Riverway would be 38.6 dBA and the total
noise level proposed Proiect plus ambient woutd be
42.0 dBA. The noise levels from Phase 3 of the
proposed mining plan were used in the analysis because
this is the closest inining area to the St. Croix Riverway.
This is ap�roximately the same noise level as would be
expected in a Quiet office or quiet residential
nei�hborhood e.�low naise Ievels.
Therefore,the noise analysis showed that the sound
levels from the proposed Project would remain low,
although mining activities znay be audible on the St.
Czoix Riverway. The mining noise may be audible due
to the differences in frequencies of mining noise vs.
other manmade noises and natural noises. Mining noise
generall occurs at lower fre uencies than the other
20
Zavoral Mine and Reclamation Project E1S Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
man-made noise (such as boat motors)and natural
sounds that are current.ly experienced on the St. Croix
River.
Mitigation strategies proposed in the EIS to maintain
low noise levels during mining operations include the
following:
• Construction of berms as part of the
reclamation plan to provide shielding to
reduce noise impacts to residents and the St.
Croix River.
• The city's ordinance currently prohibits
mining operations from occuning on
weekends or holidays,times of peak
recreational and tourist activity in the
Riverway and adjacent areas.
Based on the NPS is concem about the
potential for low levels of audible noise related
to mining operations and its potential to impact
recreational use of the river, some additional
mitigation not related to noise standards could
include additional restriction of the time and
duration of noise from mining and trucking
operations. The following mitigation measures
have been incorporated in the final EIS
(Attachment A.2-revised pages ES-42 and 5-4).
• The City will consider a condition that the mine
may operate only between the hours of 7 a.m_
and Noon on Fridays. This would also reduce
the potential impact of the proposed Pzoject on
recreational tr�c during that timeframe.
• The City may require inspection of trucks and
on-site equipment to deternune that mufflers are
in good working order.
V. Determination of Adequacy and Conclusions of Law
27. The City, as RGU for the Zavoral Mine and Reclatnation Project EIS, is the
appropriate governmental unit for making a detennination of adequacy pursuant to
Minn. R. 4410.2800.
21
Zavoral Mine and Reclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
28. The Final EIS Responses to Corrunents responds to the substantive conlments
received during the Draft EIS comment period,which was held from March 19,
2012 to May 19,2012. The Final EIS provided adequate responses to the
substantive comments received during the Draft EIS review concerning issues raised
in scoping(Attachment B).
29. The information presented in the Final EIS adequately addresses the issues identified
in the Revised Scoping Decision Document adopted in Aprii 21,2009.
30. The proposed ac#ion is described in sufficient detail.
31. The EIS adequately analyzes significant environmental impacts.
32. The�IS adec�uately presents alteinatives to the proposed action and their impacts.
33. The EIS adequately presents methods by which all of the potential adverse
environmental impacts can be mitigated.
34. The EIS adequately presents the economic, eznployment axzd sociological effects that
cannot be avoided should the proposed action be implemented.
35. The public has had adequate opportunity to participate in the environmental review
process and to provide comments.
36. The EIS has been developed in accordance with the procedures specified in Minn.
Stat. ch 116D and Minn R.4410.0240 to Minn. R. 4410.6500.
ORDER
37. The EIS for the proposed Zavoral Mine and Reclamation Project is adequate because
it meets the criteria set forth in Minn. R. 4410.2800 and the requirements of Minn.
Stat. ch. 116D,which require that it:
a. Address the potentially significant issues and altema�ives raised in scoping so that
all significant issues for which the information can be reasonably obtained have
been analyzed;
b. Provide responses to the substantive comments received during the draft EZS
review concerning issues raised in the scoping process; and
c. Was prepared in compliance with the procedures of the Minnesota Environmental
Policy Act and Minn. R. 4410.0200 to 4410.6500.
38. Any findings of fact that are more properly deemed conclusions and any conclusions
that are ruore properly deemed Findings of Fact are hereby adopted as such.
22
Zavoral Mine aud Reclamation Project EIS Findings of Fact,Conclusions of Law and Order
City of Scandia,MN
IT IS SO ORDERED
Randa11 Simonson, Mayor
City of Scandia
Date
ATTEST
Kristina Handt
Administrator/Clerk
Date
23
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