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4.4 EAW Attachment
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4.4 EAW Attachment
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<br />Oakwater Ridge EAW 7 <br />Findings of Fact and Conclusions, Response to Comments, and Record of Decision <br /> <br />Comment 6: We appreciate the opportunity to review this Project. Please be aware that this letter does <br />not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or <br />future permit actions by the MPCA. Ultimately, it is the responsibility of the Project Proposer to secure <br />any required permits and to comply with any requisite permit conditions. If you have any questions <br />concerning our review of this EAW, please contact me by email at chris.green@state.mn.us or by <br />telephone at 507-476-4258. <br /> <br />Response: So noted. Thank you. <br /> <br /> <br />FINDINGS OF FACT <br />Proposed Project <br />The project proposer is planning a residential/commercial development currently referred to as “Oakwater <br />Ridge” in the City of Elk River, Sherburne County, Minnesota. The project was previously referred to as <br />the “Specht Farm” site. The project area is located along the Mississippi River, south of the intersection <br />between Minnesota Highway 169 and U.S. Highway 10/169, adjacent to the intersection between U.S. <br />Highway 10/169 and 165th Avenue Northwest. The site is located in the southeast corner of Elk River, <br />with the City of Otsego west of the Mississippi River, the City of Dayton to the southeast, and the City of <br />Ramsey to the east. The project will include 536 single-family residential homes and a commercial parcel <br />(likely consisting of a multi-tenant retail strip and a gas station). The project will include several internal <br />roadways, a river overlook, an open space/recreational area, a future trail, a greenway corridor, and <br />stormwater features. <br /> <br />An EAW was prepared pursuant to Minnesota Rules Part 4410.4300, Subp. 19 (D) and 32. The EAW and <br />the respective comments have been reviewed in accordance with Minnesota Rules 4410.1700 to <br />determine if the project has potential for significant environmental effects. <br /> <br />Site Description and Existing Conditions <br /> <br />Under existing conditions, the Project Area consists of cultivated fields, hayfields, old paddocks, <br />woodlands, wetlands, floodplain, and a farmstead with two single-family homes and barns. A former bus <br />lot with two buried diesel/gasoline tanks is located east of the farmstead structures. One of the structures <br />was utilized as a bus-maintenance garage. A bluff (per the Sherburne County Zoning Ordinance and Elk <br />River City Code) is present along the hillslope east of the lower cultivated field. Portions of the lower <br />cultivated field and woodland are within shoreland. The 100-year floodplain outlined by the Federal <br />Emergency Management Agency (FEMA) is present along the western project area boundary and <br />throughout the lower agricultural field. <br /> <br />Decision Regarding the Potential for Significant Environmental Effects <br /> <br />Minnesota Rules 4410.1700, Subp. 7 lists four criteria that shall be considered in deciding whether a <br />project has the potential for significant environmental effects. Those criteria and the City’s findings are <br />presented below. <br /> <br />Criteria A: Type, Extent, and Reversibility of Environmental Effects <br /> <br />Minnesota Rules 4410.1700 Subp. 7 (A) indicates the first factor that the RGU must consider is the “type, <br />extent, and reversibility of environmental effects.” The City of Elk River’s findings are set forth below. <br /> <br />1. Cover Types. Currently, the project area consists of cultivated fields, hayfields, old paddocks, <br />woodlands, a tributary (Mississippi river oxbow), and a farmstead with two single-family homes and <br />several barns/sheds. The site has been in agricultural production since at least the late 1930s. The
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