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FEBRUARY 15, 2023 RE: RESPONSE TO COMMENTS RECEIVED DURING ENVIRONMENTAL ASSESSMENT WORKSHEET PUBLIC COMMENT PERIOD FOR THE FOSTER PROPERTY - ELK RIVER The Environmental Assessment Worksheet (EAW) for the Foster Property development in Elk River was published and released for public review on Tuesday, December 13, 2022. The 30-day public comment period closed on Thursday, January 13, 2023. Acknowledgements of the EAW were received by four agencies. Three of which contained no formal comments to address. These were from the U.S. Army Corps of Engineers (USACE), Minnesota Department of Transportation (MnDOT), and the Minnesota State Historic Preservation Office (SHPO). Copies of the written acknowledgments are attached for reference. The Minnesota Department of Natural Resources (DNR) submitted a plan review letter dated January 12, 2023 in response to the EAW. A copy of the letter is attached for reference. Please note that each review item is restated below along with our corresponding response. 1. Page 5, Zoning. It is not clear from the EAW if the subdivision does comply with R1D zoning. This section says the site is, "zoned as R1D Single Family Residential. The Plan defines the purpose of R1D districts as follows: `This district is intended to accommodate single-family residential dwellings with large lots and higher quality housing within the municipal sewer and water access area. This district is explicitly for areas that possess significant natural features and is intended to encourage the design of subdivisions that protect these natural features."' Based on this zoning description and intent to protect natural features, the destruction of nearly 148 acres of forest, along with nearly four acres of wetland impacts does not seem consistent with this intent. It is unclear if the site will be mass graded in such a way that removes nearly all existing natural features from individual lots. It is also unclear what attempts at tree preservation will be made, such as conducting a tree inventory and identifying high quality resources to preserve during the development process, and/or offsetting tree destruction through compensatory tree planting/restoration efforts. Response: The project site is located within a residentially zoned district. While the R-1D district does "encourage" the protection of natural features it is ultimately intended for residential development, not solely land conservation. The project both meets the city's requirements for site densities and includes natural feature protection as part of the project. Within the 253-acre site, approximately 134 acres of land will remain in a natural state within outlots following construction. This includes over 67 acres of wetland, including an area of over 42 contiguous acres. Planting of new trees across the site will offset the tree removals required to construct the project infrastructure. A planting plan has been developed in compliance with the City of Elk River's City Code (Sec. 30-934) which includes the planting of 1,575 new trees. It should be noted that much of the project site has previously been disturbed by mining and row crop production and many of the young trees onsite consist of non-desirable species. Additionally, a significant amount of the mature trees on-site are either rotted or have fallen as well. 2. Page 5, Zoning. It appears that portions of the proposed development will be located within 300 feet of Trott Brook, a public water. It is unclear how the project will comply with local shoreland ordinances regarding setbacks, impervious surFaces, and vegetation removal. Response: Within the City of Elk River's City Code (Sec. 30-2042), Planned Unit Development (PUD) is a permissible type of development within shoreland districts. All housing units that fall within the shoreland district will abide by the required setback of 50' from rivers for sewered structures (Sec. 30-2022) and any other applicable requirements. 7900 International Drive + Suite 550 + Bloomington, MN 55425 952.426.0699 + ISGlnc.com Architecture + Engineering + Environmental + Planning