|
<br />Oakwater Ridge EAW 8
<br />Findings of Fact and Conclusions, Response to Comments, and Record of Decision
<br />U.S. Geologic Survey’s Earth Resource Observation and Science Center’s National Land Cover
<br />Database (published September 26th, 2024) maps the property as primarily cultivated crops (163.33
<br />acres). Per the database, the project area consists of the following: deciduous forest (32.45 acres),
<br />pasture/hay (29.27 acres), emergent herbaceous wetland (13.53 acres), open water (3.20 acres),
<br />developed low intensity (2.15 acres), developed open space (1.25 acres), developed medium
<br />intensity (1.37 acres), woody wetland (0.95 acres), and developed high intensity (0.14 acres).
<br />2. Shorelands. The MnDNR identifies the Mississippi River as a Public Water Watercourse. The
<br />western project area is within three hundred feet of the Mississippi River within the shoreland overlay
<br />district. Chapter 30 of the Elk River City code outlines provisions for shoreland use. The use of any
<br />shoreland of public waters, the size and shape of lots, the use, size, type and location of structures on
<br />lots, the grading and filling of any shoreland area, the cutting of shoreland vegetation, and the
<br />subdivision of land shall be in full compliance with the terms of applicable regulations. The City has
<br />limitations in place regarding vegetation alterations within shoreland. Generally, vegetation alteration
<br />necessary for the construction of structures, roads, and parking areas is exempt.
<br />3. Floodplains. There are areas of Federal Emergency Management Area (FEMA) floodway, 100-year,
<br />and 500-year floodplains mapped within the western site boundaries. According to the FEMA
<br />floodplain map 27141C0395F (effective date November 16th, 2011) (FIRM number 270436) (panel
<br />0395F), the floodplain within the project area is a ‘regulatory floodway.’ The base flood elevation
<br />shown on FEMA’s floodplain map is 861 and 860 ft. MSL. Cross sections F and G from the Flood
<br />Insurance Study Report of the Mississippi River are detailed in Question 12 of the EAW (Appendix
<br />B). In accordance with the City of Elk River code, any use that requires fill, excavation, storage of
<br />materials, or placement of anything that may cause a potential obstruction would require a permit.
<br />4. Land Use. The project area is located within the urban service area. The City’s Land Use Plan map
<br />(dated October 18th, 2021) identified the project area as ‘Mixed Residential’ and ‘Highway Business.’
<br />The surrounding land uses include ‘Public/Semi-Public, Traditional Single-Family Residential,
<br />Industrial, Agriculture, and Business Park.’ Page 18 of the comprehensive plan shows the current
<br />zoning for the northern portion of the project area as ‘FAST – Focus Area Study,’ the southern portion
<br />as ‘R1d – Single Family Residential,’ and ‘BP – Business Park’ along US Highway 101. The master
<br />plan for the Elk River 171st Avenue Focused Area Study (FAST) shows the northern half of the
<br />project area as ‘Open Space,’ ‘Higher Density Residential,’ and ‘Destination Retail.’
<br />5. Geology and Soils. Generally, the site is flat, with steeper topography along the Mississippi River.
<br />Based on the Digital Elevation Model (DEM), the hillside sloping down to the Mississippi River and
<br />the lower cultivated field has slopes ≥18%. Portions of this hillslope met the definition of a bluff (per
<br />the Sherburne County Zoning Ordinance and Elk River City Code). Per the Geotechnical Exploration
<br />Report, “the vegetation and topsoil are not suitable for foundation, roadway, or utility support and will
<br />need to be removed from below the building pads, pavements, utilities, and oversize areas and
<br />replaced with suitable competed engineered fill, as need, to attain design graded.” The underlying
<br />native alluvial soils were determined to be suitable for foundation, pavements, and utility support.
<br />“However, the upper portions of the soil strata had a very loose relative density and prior to placing
<br />additional fill or foundations we recommended compacting any loose soils and any soils disturbed
<br />during the excavation and grading activities.” Grading of the site would be required during
<br />construction. Mitigation based on typical erosion control and sedimentation regulations will be
<br />provided.
<br />6. Water Quality. Due to the current agricultural operation and previous bus maintenance operation,
<br />runoff currently drains to the onsite wetlands and the Mississippi River, likely containing pollutants like
<br />sediment, pesticides, fertilizers, and other nutrients. The established hayfields, open meadows, and
<br />forested hillsides serve as buffers and allow for sediment to settle out. No permanent surface waters
<br />are present within the Project Area. During construction, a City-approved Stormwater Pollution
<br />Prevention Plan (SWPPP) and Permit is required. Similarly, the construction/grading activities will be
<br />subject to NPDES Construction Stormwater General Permit regulations. The site will be graded to
<br />promote surface water drainage and to maximize the runoff that is treated before leaving the site.
<br />Stormwater from the residential and commercial development will be directed to permanent
|