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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 PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST-CONSUMER WASTE. AN EQUAL OPPORTUNITY EMPLOYER. 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. AN EQUAL OPPORTUNITY EMPLOYER. 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 PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST-CONSUMER WASTE. AN EQUAL OPPORTUNITY EMPLOYER. 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.