4.a9 comments DNR 2016-4-25MINNESOTA DEPARTMENT OF NATURAL RESOURCES
CENTRAL REGION
1200 WARNER ROAD
SAINT PAUL, MN 55106
651-259-5800
Date: 4/25/2016
Mr. Neil Soltis
Administrator, City of Scandia
14717 209th Street North
Scandia, MN 55073
RE: DNR Comments on Argo Navis Solar Garden CUP Application, Zavoral Mine Site, Scandia
Dear Mr. Soltis,
The proposed project is outside of the St. Croix riverway boundary and therefore is not regulated under
the State’s riverway rules. However, City ordinance No. 162, which regulates solar farms and was
adopted last June, includes language that requires a 600 foot buffer from the riverway boundary and
areas designated as formally protected areas. While DNR is pleased to see that the City’s code provides
for zoning language that goes beyond what is required by the State, it would be disappointing to see the
City approve a variance request to its recently adopted ordinance to site a solar farm within the 600 foot
buffer from the St. Croix riverway boundary and the newly established Crystal Springs Scientific and
Natural Area (SNA).
In the application, there is discussion of mitigation to screen the proposed development from the road
and adjacent properties, but there is no discussion of what the visual impact would be as viewed from
the St. Croix River. DNR requests that a viewshed analysis be completed to demonstrate that the solar
panels would not be visible from the river. Also, it is unclear that an analysis was completed to
determine if there is a site design option that would reduce the overall size of the project to fit within
the gravel pit and still meet the 600 foot setback requirements. DNR requests that the City of Scandia
consider such a design in addition to what is presented in the current application.
The applicant indicates that they have been working with DNR on the development of the site plan to
address natural resource concerns. DNR appreciates this coordination, however further coordination is
necessary. To date, communications pertaining to this project have been limited to discussions with the
property owner. In addition, the CUP application does not include consideration of other DNR guidance
and recommendations for vegetation and maintenance that have been incorporated into other projects
that DNR has worked on in the past with this applicant.
It is unclear how much mine reclamation would be completed at the time the proposed project would
go into construction or how the reclamation condition in the mining permit would be affected. DNR
supports the mine reclamation plan put in place for the mining permit. As such, if approved, DNR
recommends that the solar farm layout plans allow for maximizing the area to be reclaimed to prairie as
mndnr.gov
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MINNESOTA DEPARTMENT OF NATURAL RESOURCES
CENTRAL REGION
1200 WARNER ROAD
SAINT PAUL, MN 55106
651-259-5800
much as possible. Solar projects, even when planted in native prairie grasses, do not achieve the same
level of species benefit as a prairie that does not include structures or that is fenced in.
If this CUP application is approved, DNR would expect that the same DNR-recommended approaches
implemented by the applicant at other solar farms be considered for this site. Additional considerations
should also be made to avoid and minimize impacts to the sensitive resources such as the SNA or listed
species in the area. If approved, DNR’s recommendations for conditions on the CUP include:
• Work with DNR to identify an appropriate seed mix specific to this site. The native prairie mix
included in the CUP application includes species that are not native to eastern Minnesota. Seeds
should come from a local seed source (preferred), seed tags on bag should state that the mix is
“noxious weed free” and they should be Pure Live Seed certified.
• There are several natural resources on or adjacent to the site that should be considered in final
design and maintenance. For a thorough review and assessment, DNR recommends that the
applicants contact Lisa Joyal (lisa.joyal@state.mn.us; 651-250-5109), Endangered Species
Review Coordinator, and request that a Natural Heritage Information System (NHIS) review be
completed. The previous NHIS review completed for this property for the Tiller/Zavoral Mine EIS
is no longer valid.
• Confirm setback from SNA and other state-listed or rare features (that would be identified from
the NHIS review) for final design.
• The site is adjacent to Zavoral Creek/Crystal Springs, a high quality trout stream, located in the
ravine to the north. DNR recommends that dust control for construction or maintenance
activities be limited to the use of water only (no added suppressants) and that erosion control
practices be in place to avoid surface runoff discharge.
• Work with DNR on the Vegetation Maintenance and Management Plan (Subsection 2.8.1 of the
CUP application). This proposed plan should be revisited once the NHIS review is completed and
once the seed mix is determined. For example, the use of herbicides as proposed may not be
appropriate when considering site sensitive features. Invasive species or undesirable species
establishment is a concern for this site given the proximity to the SNA, trout stream, St. Croix
River, and other rare features.
• Native vegetation that is currently on the site should be maintained or it should be verified that
there are no state protected species prior to removal.
• Based on the results of the NHIS review, DNR may have additional recommendations for the
security fence design. For example, in sites where Blanding’s turtles are known to occur, gaps in
fencing allow for turtles to be able to pass through the area, minimizing potential trapping of
turtles on the site. Deer passages have also been used in other locations to avoid and minimize
the possibility that an animal become trapped within the enclosure.
mndnr.gov
PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST-CONSUMER WASTE.
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MINNESOTA DEPARTMENT OF NATURAL RESOURCES
CENTRAL REGION
1200 WARNER ROAD
SAINT PAUL, MN 55106
651-259-5800
• Erosion control measures implemented onsite should be wildlife friendly. The DNR has included
an attachment with this comment letter.
Please feel free to contact Becky Horton (becky.horton@state.mn.us; 651-259-5755) with questions
related to the environmental review comments provided in this letter and please inform the applicants
to CC her email on the NHIS request.
Sincerely,
Jenifer Sorensen
DNR East Metro Area Hydrologist
1200 Warner Road
St. Paul, MN 55106
651-259-5754
jenifer.sorensen@state.mn.us
Cc: Sherri Buss, City Planning Consultant, City of Scandia
Jill Medland, St. Croix National Scenic Riverway, Acting Chief of Resource Management
Becky Horton, DNR Regional Environmental Assessment Ecologist
Dan Petrik, DNR Land Use Specialist
Larissa Mottl, DNR Central Region SNA Coordinator
Melissa Doperalski, DNR State Planning Director
mndnr.gov
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1 |MN DNR vF-2012
Wildlife Friendly Erosion Control
Wildlife entanglement in, and death from, plastic netting and other man-made plastic
materials has been documented in birds (Johnson, 1990; Fuller-Perrine and Tobin, 1993),
fish (Johnson, 1990), mammals (Derraik, 2002), and reptiles (Barton and Kinkead, 2005;
Kapfer and Paloski, 2011). Yet the use of these materials continues in many cases, without
consideration for wildlife impacts. Plastic netting is frequently used for erosion control
during construction and landscape projects, and can negatively impact terrestrial and
aquatic wildlife populations as well as snag in maintenance machinery resulting in costly
repairs and delays. However, wildlife friendly erosion control materials do exist, and are
sold by several large erosion control material companies. Below are a few key
considerations before starting a project.
\\\\\
Know Your Options
When erosion control is necessary, select products with biodegradable netting (Natural
Fiber, Biodegradable Polyesters, etc.).
DO NOT use products that require UV-light to biodegrade (also called, “photodegradable”).
These do not biodegrade properly when shaded by vegetation.
Use netting with rectangular shaped mesh (not square mesh).
Use netting with flexible (non-welded) mesh.
Wildlife friendly erosion netting costs are often similar to conventional plastic netting.
Know the Landscape
It is especially important to use wildlife friendly erosion control around:
o Wetlands, rivers, lakes, and other watercourses.
o Habitat transition zones (Prairie – Woodland Edges, Rocky Outcrop –Woodland
Edges, Steep Rocky Slopes, etc.).
o Areas with threatened or endangered species.
Use plastic erosion mesh wisely, not all areas with disturbed ground necessitate its use. Do
not use plastic mesh unless it is absolutely necessary. Other erosion control options exist
(open weave textile (OWT), rolled erosion control products (RECPs) with woven natural
fiber netting).
Protect Wildlife
Remember to consult with local natural resource authorities (DNR, USFWS, etc.) before
starting a project. They can help you identify sensitive areas and rare species.
Avoid erosion control materials with plastic netting where possible.
Use only biodegradable materials, preferably those that biodegrade quickest.
2 |MN DNR vF-2012
Literature Referenced
Barton, C. and K. Kinkead. 2005. Do Erosion Control and Snakes Mesh? Soil and Water
Conservation Society 60:33A-35A.
Derraik, J.G.B. 2002. The Pollution of the Marine Environment by Plastic Debris: a Review.
Marine Pollution Bulletin 44:842-852.
Fuller-Perrine, L.D., and M.E. Tobin. 1993. A Method for Applying and Removing Bird-
Exclusion Netting in Commercial Vineyards. Wildlife Society Bulletin 21:47-51.
Johnson, S.W. 1990. Distribution, Abundance, and Source of Entanglement Debris and Other
Plastics on Alaskan Beaches, 1982-1988. Proceedings of the Second International
Conference on Marine Debris 331-348.
Kapfer, J. M., and R. A. Paloski. 2011. On the Threat to Snakes of Mesh Deployed for Erosion
Control and Wildlife Exclusion. Herpetological Conservation and Biology 6:1-9.
Plains Garter Snake (Thamnophis radix) stuck in
erosion mesh. Southern Minnesota.
Vole (Microtus sp.) found dead in erosion
mesh. Southern Minnesota.