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Minnesota Department of Natural Resources (DNR) Central Region, March 7, 2011 <br />From a natural resources perspective, the proposed project does not require the <br />preparation of an Environmental Impact Statement (EIS). However, the following <br />comments are for your consideration. <br />Please be advised that the document posted online, along with the agency distributed <br />copies, appeared to be missing some of the attachments referenced in the document. <br />Item 5 and Item 16 made reference to a Figure 5, and item 11 b referenced an Appendix <br />A. At this time it does not appear that these omissions warrant concern for the potential <br />of significant impacts. These errors should, however, be noted for reviewers and these <br />documents should be made available. <br />So noted. <br />The EAW does not directly indicate the proposed mining depths, or the potential for the <br />mining operation to impact groundwater. Item 19 indicates that the minimum depth to <br />groundwater is 20 feet. The description of the stockpile locations provided in Item 7 <br />indicates that the pit floor would be approximately 20 feet below grade. While Figure 3, <br />Mining Excavation Plan, indicate that depth would be a minimum of 990 feet mean sea <br />level (with surface elevations varying from 1,000 to 1,025 feet mean sea level) and that <br />actual excavation depth may vary depending on the quality of aggregates encountered. <br />Given this information, it may be possible that the proposed activities could encounter <br />and/or impact groundwater resources. It does not appear from review of other Item <br />information provided that the proposed project includes in-water mining activities. The <br />potential to impact groundwater should be addressed, or the information discussed <br />above should be clarified so that it is clearly understood how this potential impact will be <br />avoided. <br />The project does not involve "in-water mining activities" and groundwater <br />resources will not be encountered and/or impacted. Based on drilling work to <br />define the aggregate resources, the groundwater elevation occurs at <br />approximately 970 feet mean sea level. This explains the information in Item 19. <br />The 990 feet mean sea level for the Mining Excavation Plan indicates the lowest <br />elevation. There is a potential that excavation depth could be less than the <br />planned depth based on quality of aggregates encountered. The City of Elk River <br />will place specific requirements within the Conditional Use Permit (CUP) that no <br />excavation occur below the groundwater table. <br />The DNR Natural Heritage Database letter dated November 15, 2010 identified that <br />Blanding's turtles (Emydoidea blandingill), astate-listed threatened species, have been <br />documented in the vicinity of the proposed project. The letter also stated that the <br />response to Item 11 b of the project EAW should clearly discuss potential impacts to <br />Blanding's turtles and identify any avoidance or mitigation measures that will be <br />implemented. Possible avoidance or mitigation measures were included in the <br />Blanding's turtle fact sheet that was attached to the letter. While the EAW document <br />acknowledged this comment, the document does not indicate how or to what extent the <br />