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8.f)1) Update of Schedule for Zavoral Mining Meeting Date: 12/20/2011 Agenda Item: � � � � � City Council Agenda Report City of Scandia 14727 209�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Receive an update on the schedule for the Zavoral Mining and Reclamation Project EIS (Environmental Impact Statement.) Changes to the schedule presented in November are necessary. Deadline/Timeline: N/A Background: • A preliminary Draft EIS was reviewed at the last meeting of the PAC (Project Advisory Committee) on November 16 and comments were accepted through December 1. Over 130 specific comments were received, which the city's consultants are now evaluating. Some will result in changes to the document before the "final"draft EIS is delivered to the city. • Several of the comments require some input or additional information from the proposer(Tiller) before the draft EIS can be completed. These include suggestions that mitigation measures include switching the order of mining phases, excluding an area that was not mined in the past from future mining, and whether the entire operation could be completed on a shorter schedule than currently evaluated in the project alternatives. Tiller was informed that a prompt response from them was essential,but they have not yet submitted the requested information. • The Minnesota DNR also requested that a new Natural Heritage Information (NHIS) data request be submitted, as the last one was in 2008. The DNR has informed AECOM that they will not be able to expedite the request and are not expected to respond until sometime in January. • A key date in the schedule was a proposed special meeting of the City Council to review the Draft EIS and approve its release for the formal public comment period. This meeting had been scheduled for Tuesday,January 31, 2012. Staff and consultants are now recommending delaying this meeting to Tuesday, February 28, 2012. • If the January 31 meeting is moved to Tuesday, February 28, it would result in the following estimated schedule for completion of the EIS: Page 1 of 2 12/13/11 March 19 2012 Notice of EIS availability appears in EQB Monitor; 45-day comment period begins April 3, 2012 Public information meeting at Planning Commission meeting (must be held no later than 15 days after publication notice in EQB Monitor) May 3, 2012 45-day comment period ends May 4-June 29, Prepare and distribute responses to comments 2012 July, 2012 Final EIS distributed 10-day comment period Council makes decision on adequacy of EIS Final notices published • If the city determines that the EIS is adequate, the process of reviewing permits for the project(the Conditional Use permit and any other required permits)may begin. Review of the Conditional Use Permit would take at least 60 to 120 days. Recommendations: The proposed schedule of 2012 Council meetings includes the proposed February 28 special meeting. (The Council could choose an alternative date in the last week of February or the first week of March, and the project could remain on the schedule presented above.) Attachments/ • None Materials provided: Contact(s): Leslie Knapp, AECOM (763 551-2441) Prepared by: Anne Hurlburt, Administrator (Zavoral EIS Schedule Update Dec 20 Council) Page 2 of 2 12/13/11 . . . 1'. � � � A NfiW ��.,.._ ..�� C/ O R S E �TM C E N T U R Y r�o��sF:=Y rk �ni};,rn;:,, , ; i> OF SERVICE .. 1911 � 201] KIERAN P.DWYER Associate (612)492-6536 FAX(612)677-3254 dwy er.kiera n�dorsey.com December 16, 2011 Mayor Simonson and Council Members Scandia City Office 14727 209th Street North Scandia, MN 55073 Re: Zavoral Mining and Reclamation Project EIS (Environmental Impact Statement) Dear Mayor Simonson and Council Members: On behalf of my client, Take Action —Conserve Our Scandia ("TA-COS"), I respectfully request the City of Scandia extend the official comment period on the Draft Environmentai Impact Statement (EIS)for the Zavoral Mining and Reclamation Project from 45 days to 90 days. The City has indicated it intends to provide a 45-day comment period for the Draft EIS following publication in the EQB Monitor. I had previously notified the City during the May 17 City Council Meeting that TA-COS would be submitting a request for an extended comment period. Pursuant to Minnesota Rule Section 4410.2600, the City has the authority to extend the official comment period to 90 days. We are now requesting an increased 90-day comment period due to the extraordinary duration of the Draft EIS's preparation. Providing an extended comment period of 90 days is appropriate in this case where the Draft EIS has taken almost two years to complete and will be over 180 pages in length, even without its appendices. Due to this length and greatly extended preparation time, TA-COS asks for this extended 90-day comment period in order to provide TA-COS and its retained experts sufficient opportunity to fully analyze the Draft EIS and prepare its comments for the City. The additiona! time is necessary to evaluate all of the information that will be contained in the Draft EIS and to assess whether any changes in circumstance have occurred since preparation of the current version of the EIS commenced on April 21, 2009. Under the Minnesota Environmental Policy Act, an EIS is typically required to be completed within 280 days. See Minnesota Statute§ 116D.04, subd. 2A(h). This requirement serves, in part, fo , assure that the EIS accurately reflects the human and ecological conditions that exist when a decision on the underlying action will be made. The unusual amount of time it has taken to prepare this Draft EIS has increased the risk that the human and ecological conditions have changed during the preparation of the Draft EIS and an extended comment period to fully analyze these issues is.merited. Since the City has already generously extended Tiller DORSEY & WHITNEY LLP • WWW.DORSEY.COM • T 612.3.40.2600 • F 612.340.2868 SUITE.1500 • 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402-1498 USA CANA�A EUROPE ASIA-PACIFIC G'.. -�� ORSEY.. Mayor Simonson and Council Members December 16, 2011 Page 2 Corporation's time to complete the EIS far beyond the normal schedule contemplated by the Minnesota law, a 90-day comment period for the Draft EIS should not further prejudice the interests of any involved stakeholder. Therefore, it is appropriate for the City to provide a 90- day comment period on the D�aft EIS when published in the EQB Monitor. Sincerely, � _. i� � Kieran P. Dwyer KPD/aj cc: Ms. Anne Hurlburt DORSEY B�WHITNEY LLP �� Anne Hurlburt � From: Knapp, Leslie [Leslie.Knapp@aecom.com] Sent: Tuesday, December 20, 2011 10:58 AM To: Anne Hurlburt Cc: Sherri Buss; Rothfork, Mark Subject: Extended review period on the Zavoral Mining and Reclamation Plan Draft EIS Anne, The agencies and public have had the opportunity to take a first look at the document in the form of the preliminary draft EIS that was prepared for review by the Project Advisory Committee and posted on the City's web page. Based on this early availability of information and in the interest of a approach to EIS review periods that is consistent with standard timeframes in Minnesota,we could see extending the review period for the draft EIS from 45 to 60 days. Ninety days seems to be a bit excessive and would not be expected to provide substantially different comments. Thanks, Leslie Leslie H. Knapp, PG Associate Principal D +1 763.551.2441 M +1 763.486.8722 New email: leslie.knapp(r�_aecom.com AECOM 161 Cheshire Lane North, Suite 500 Minneapolis, MN 55441 USA T +1 763.852.4200 F +1 763.551.0400 www.aecom.com 1