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HomeMy WebLinkAbout2011-05-18 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 5/18/11 e PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider accepting the Findings of Fact on the EAW for the 3M East Cove Sediment Removal Project. 2. Consider declaring a negative declaration on the need for an EIS for the 3M East Cove Sediment Removal Project. 3. Consider approving 3M's conditional use permit for a grading permit to remove approximately 17,000 cubic yards of sediment containing PFCs from the East Cove at 3M Cottage Grove. STAFF RECOMMENDATION 1. Accept the Findings of Fact. 2. Adopt the resolution declaring a negative declaration on the need for an EIS. 3. Adopt the resolution approving a condtional use permit for a grading permit. ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED ® PLANNING 4/25/11 ❑ ® ENVIRONMENTAL 5/11/11 ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 5/12/11 ® RESOLUTION: Draft - Negative Declaration on the need for an EIS Draft - Conditional use permit ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 4/25/11 Planning Commission meeting minutes ADMINISTRATORS COMMENTS DENIED Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER FROM: John McCool, Senior Planner DATE: May 12, 2011 RE: Proposed 3M Cottage Grove East Cove Sediment Removal Project — EAW and Conditional Use Permit Applications .•• 3M has submitted an application for an Environmental Assessment Worksheet (EAW) and a con- ditional use permit (grading permit) for their East Cove Sediment Removal Project. The East Cove Sediment Removal Project will remove approximately 17,000 cubic yards of se- diment containing perfluorochemicals (PFCs) from the East Cove at the 3M Cottage Grove plant and a portion of the sandbar at the cove outlet. The project removal area is approximately 1.5 acres in size and is located on 3M property at the base of a ravine adjacent to and east of the 3M Cottage Grove Plant. The sediment in the cove is being removed by dredging to a depth of 6.5 to 7 feet below the top of the sediment and within the defined boundaries approved by the Minne- sota Pollution Control Agency. A location map showing the location of the East Cove is below. Location Map A copy of the Environmental Assessment Worksheet and Work Plan is attached. Honorable Mayor Bailey, City Council Members, and Ryan Schroeder 3M's East Cove Sediment Removal Project — EAW and Conditional Use Permit Applications May 12, 2011 Page 2 of 6 Advisory Commission Recommendations Planning Commission The Planning Commission reviewed 3M's EAW and conditional use permit applications at a pub- lic hearing on April 25, 2011. Mark Gaetz, a 3M representative attended the meeting and made a short presentation on the various stages in completing this project. Dale Andrews, 8430 Keats Avenue, asked questions concerning the three PFC clean -up sites in Washington County (3M Cottage Grove Site, the 3M Oakdale Disposal Site, and the 3M Woodbury Disposal Site). Andrews' questions pertained to the location of the three sites, the Settlement Agreement and Consent Order between 3M Company and the Minnesota Pollution Control Agency, and the pub- lic process for the EAW for each of these sites. It was explained that the cleanup and restoration at the Oakdale and Woodbury Disposal sites were completed a couple years ago and the 3M Cottage Grove East Cove site is scheduled to be completed this year. A copy of the planning staff report, Minnesota Decision Document (2009), and Settlement Agreement/Consent Order (2007) were given to Ms. Andrews. No other public testimony or written comments were received at that meeting. The Commission supported the applicant's proposal and unanimously (6 -0 vote) recommends that the City Council accept the findings of fact listed in the planning staff report in conjunction with a negative declaration on the need for an EIS for the 3M East Cove Sediment Removal Project, The Planning Commission also unanimously (6 -0 vote) recommended the approval of 3M's conditional use permit application (grading permit) for this project. An excerpt from the Planning Commission's unapproved minutes is attached. Environmental Commission The Environmental Commission reviewed 3M's EAW and conditional use permit applications at their meeting on May 11, 2011. A copy of the planning staff report and all the documents cited in the planning staff report were provided to the Environmental Commission members in advance of their May 11 meeting. Mark Gaetz from 3M Company attended the meeting. There was no other public testimony received at this meeting. The Environmental Commission also unanimously (6- to -0 vote) recommends to the City Council the acceptance of the findings of fact in conjunction with a negative declaration on the need for an EIS and approval of the conditional use permit for the grading permit necessary to complete this project. An excerpt from the Environmental Com- mission's unapproved minutes will be provided prior to the Council meeting. The Environmental Review Process The Minnesota Environmental Policy Act of 1973 established a formal process for reviewing the environmental impacts of major development projects. The purpose of the review is to provide information to units of government on the environmental impacts before approvals or necessary permits are issued. Environmental review creates the opportunity to anticipate and correct these problems before projects are built. The City is the Responsible Governmental Unit (RGU) for the EAW. The City is responsible for verifying the completeness of the EAW if prepared by the applicant, and complying with the rule timeframes for the EAW process. The EAW process to date has included the following steps: Honorable Mayor Bailey, City Council Members, and Ryan Schroeder 3M's East Cove Sediment Removal Project— EAW and Conditional Use Permit Applications May 12, 2011 Page 3 of 6 March 14, 2011 EAW and CUP applications submitted to the City March 14, 2011 Notice of EAW availability for comment submitted to the Minnesota EQB for publication in the EQB Monitor March 15, 2011 Press release sent to the South Washington County Bulletin. A copy of this press release is attached. March 21, 2011 Notice published in the EQB Monitor that the EAW for 3M's East Cove Sedi- ment Removal Project was available for review. The 30 -day review period started on this date. March 21, 2011 Notice of the availability to review the EAW for 3M's East Cove Sediment Re- moval Project was posted on the City's web page and delivered to the Park Grove Branch Library. April 20, 2011 30 -day review period ended. Four comment letters received. April 25, 2011 Public hearing held by the Cottage Grove Planning Commission. May 11, 2011 Environmental Commission meeting. The decision on the need for an Environmental Impact Statement (EIS) shall be made between three and 30 days after the close of the review period. The City's decision must be provided within five days to all persons on the EAW distribution list, to all persons that commented in writing during the 30 -day review period, and to any person upon written request. Conditional Use Permit City Code Title 11 -6 -12, Grading, Filling or Excavation, requires all grading permits that result in the moving of more than 1,000 cubic yards of material per acre of site area to be reviewed as a conditional use permit. The City's review of this conditional use permit application will be concur- rent with the EAW application. • . The Minnesota Pollution Control Agency (MPCA) and 3M signed a Settlement Agreement and Consent Order in May 2007 to clean up three 3M PFC Disposal Sites in Washington County. One of these sites is at the 3M Cottage Grove plant. As part of the agreement, 3M completed a Re- medial Investigation and Feasibility Study for the Cottage Grove site, the focus of which was to identify any remaining threats to public health or the environment from releases of PFCs at the site. The Consent Order also required that in developing cleanup alternative, primary considera- tion should go to those that excavate and destroy remaining PFC waste, or that excavate and dispose of PFC wastes in a permitted, isolated, engineered containment facility. The MPCA reviewed the alternatives identified in the Feasibility Study and issued a Minnesota Decision Document in August 2009. A copy of the Minnesota Decision Document is attached. This document summarized the facts and determinations made by the Minnesota Pollution Con- trol agency in approving the recommended response action alternatives. A summary of the recommended remedies at the 3M Cottage Grove site are: ® Institutional controls /deed restrictions, site access controls and long -term groundwater monitoring. 6 Enhanced groundwater recovery with carbon treatment to remove PFCs prior to discharge. Honorable Mayor Bailey, City Council Members, and Ryan Schroeder 3M's East Cove Sediment Removal Project — EAW and Conditional Use Permit Applications May 12, 2011 Page 4 of 6 • Stabilize flow channel to East Cove and remove PFC- containing sediments throughout the site. • Remove portions of sandbar at cove outlet. • Remove concrete basin previously used for sludge neutralization /disposal in Disposal Area D1 and remove additional overlying soils in that area. • Remove PFC contaminated soils in Disposal Areas D1, D2, and D9 which exceed Indus- trial Soil Reference Values for PFOA and /or PFOS. • Transport excavated soil, sediments and materials to an engineered long -term contain- ment cell at SKB Industrial landfill, Rosemount, Minnesota or Environmental Quality Com- pany's disposal waste treatment plant in Belleville, Michigan. All excavated materials ex- ceeding the Industrial Soil Reference Values established by the Minnesota Pollution Control Agency will be disposed off -site. Remedy Timeline October 21. 2009 — The City of Cottage Grove City Council approved 3M's conditional use permit application to excavate approximately 19,000 cubic yards of soil from approximately two acres of land located in the southeast corner of 3M Cottage Grove's site. This project removed approx- imately 19,000 cubic yards of soil from approximately two acres of land located in the southeast corner of 3M Cottage Grove's site identified as D1 and D2. The D1 Area is a former hydrofluoric tar neutralization pit and the D2 Area is a former sludge disposal area that received sludge from 3M's wastewater treatment ponds. The work started in November 2009 and was completed in 2010. Cleanup projects for the D9 Area, access road, and East Cove areas were identified as future projects. April 21, 2010 — The City of Cottage Grove City Council held a public hearing and approved a conditional use permit application to excavate approximately 10,000 cubic yards of soil from an area described as Disposal Site Area 9. Area D9 is a former sludge disposal pit. The work started in May 2010 and was completed in 2011. July 7, 2010 — The City of Cottage Grove approved 3M's conditional use permit to excavate ap- proximately 10,000 cubic yards of excess soil to re -grade an existing private access road between their wastewater treatment facility and an area known as the East Cove. This work was completed in November 2010. March 14, 2011 — The City Council was informed that a notice of availability to review 3M's EAW was submitted to the Environmental Quality Board on March 14, 2011. The EQB publish the notice in the EQB's Monitor on March 21, 2011. The 30 -day public comment period for the EAW was from March 21, 2011, to April 20, 2011. A press release briefly describing the project, where the EAW can be reviewed, the comment period deadline, and to whom comments should be submitted was sent to the South Washington County Bulletin. The EAW process was briefly described and a copy of the EAW and Work Plan were distributed to the City Council. Honorable Mayor Bailey, City Council Members, and Ryan Schroeder 3M's East Cove Sediment Removal Project — EAW and Conditional Use Permit Applications May 12, 2011 Page 5 of 6 March 25, 2011 — The Planning Commission was informed of 3M's EAW and conditional use permit applications for the East Cove Sediment Removal Project. The EAW process was briefly described and a copy of the EAW and Work Plan were distributed to the Planning Commission. April 13 2011 —The Environmental Commission and Planning Commission held a joint workshop meeting to listen to 3M's presentation on the East Cove Sediment Removal Project. The EAW process was briefly described and a copy of the EAW and Work Plan were distributed to the Envi- ronmental Commission. April 25, 2011 — The Planning Commission held a public hearing. A planning staff report, EAW, Work Plan, Press Release, EQB Monitor Publication, EQB's agency distribution list, four agency comment letters, Minnesota Decision Document (2009) and Settlement Agreement/Consent Order (2007) were provided to the Commission. May 11 2011 — The Environmental Commission met. A copy of all the materials given to the Planning Commission for their meeting on April 25, 2011 was also distributed to the Environ- mental Commission. Planning Considerations Agency Comment Letters Received The City received four comment letters on the East Cove Sediment Removal EAW. The comment letters from the South Washington Watershed District, Minnesota Pollution Control Agency, and Minnesota Department of Natural Resources generally acknowledged that they reviewed the EAW and generally found the documents to be complete and accurate and do not require the preparation of an Environmental Impact Statement. The comment letter from the Metropolitan Council addressed a wide range of issues that can be summarized in the following categories: • The East Cove Sediment Removal Project does not address the effects of the project rela- tive to Pool 2 PFOS impairment. • The ability of the proposed project to reduce PFOS transport to Pool 2 has not been fully demonstrated. • The project does not include post - project monitoring to evaluate the reduction in the trans- port of PFOS to Pool 2. The Minnesota Pollution Control Agency reviewed the comments submitted by Metropolitan Council Environmental Services to the City of Cottage Grove dated April 19, 2011. It is MPCA's opinion that many of the comments provided by the Met Council are not within the scope of the proposed sediment excavation project that is the subject of the EAW. Many of the issues they raised either are currently being discussed or will be discussed as part of two other processes in which the MPCA is involved with Met Council. These other processes pertain to the Met Council's wastewater treatment plant National Pollutant Discharge Elimination System (NPDES) permit and the Total Maximum Daily Load (TMDL) study of Pool 2 to address the impairment caused by PFOS. Honorable Mayor Bailey, City Council Members, and Ryan Schroeder 3M's East Cove Sediment Removal Project — EAW and Conditional Use Permit Applications May 12, 2011 Page 6 of 6 A copy of the four comment letters received for this project and the City's responses are attached. A copy of Minnesota Pollution Control Agency's letter (April 25, 2011) responding to comments submitted by Metropolitan Council Environmental Services to the City of Cottage Grove dated April 19, 2011 is also attached. Next Steps in the EAW Process and Criteria for Decision - Making The next steps in the EAW process will include the following: The City must respond in writing to all substantive comments received during the comment period. The City may choose to respond to late comments received after the comment period. ® The City will determine the need for an Environmental Impact Statement and adopt findings of fact document. Minnesota rules require that the City must make a decision on the need for an EIS be- tween three and 30 days after the comment period ends. The City may postpone the deci- sion for an additional 30 days, or a longer period of time, as agreed with the proposer, if there is a need to gather additional information to respond to the comments. Public Hearing Notices A public hearing has been scheduled for the Planning Commission meeting on April 25, 2011. A notice announcing this public hearing was published in the South Washington County Bulletin on April 13, 2011. Public hearing notices were mailed to 79 neighboring property owners on April 14, 2011. Recommendation That the City Council takes the following actions: 1. Accept the Findings of Facts on the EAW for the East Cove Sediment Removal Project pro- posed by 3M Company. 2. Adopt a resolution declaring a negative declaration on the need for an EIS for the East Cove Sediment Removal Project proposed by 3M Company 3. Adopt a resolution approving 3M's conditional use permit application for a grading permit that will remove approximately 17,000 cubic yards of sediment containing PFC's from the East Cove at the 3M Cottage Grove plant and a portion of sandbar at the cove outlet; subject to conditions. RESOLUTION NO. 2011 -XXX NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR 3M'S EAST COVE SEDIMENT REMOVAL PROJECT WHEREAS, the City of Cottage Grove is the Responsible Governmental Unit (RGU) in the processing of the Environmental Assessment Worksheet (EAW) for the proposed 3M East Cove Sediment Removal Project; and WHEREAS, the EAW is based on 3M Company's proposal to remove approximately 17,000 cubic yards of sediment containing perfluorochemicals (PFCs) from the East Cove at the 3M Cottage Grove plant and a portion of the sandbar at the Cove's outlet; and WHEREAS, the City of Cottage Grove has submitted a copy of the EAW to all public agen- cies on the EQB's distribution list, provided a press release to the South Washington County Bulletin local newspaper, and published a notice of the availability of the EAW in the EQB Monitor on March 21, 2011, all of which were done in accordance with applicable State laws, rules, and regulations; and WHEREAS, the 30 -day comment period ended on April 20, 2011, with four regulatory agencies commenting; and WHEREAS, the City of Cottage Grove acknowledges the comments from the Minnesota Pollution Control Agency, Minnesota Department of Natural Resources and South Washington Watershed District; and WHEREAS, the City of Cottage Grove has considered the comments that were received and will complete the Findings of Fact, including responses to the commenting regulatory agen- cies and individuals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cottage Grove, Washington County, Minnesota, that a Findings of Fact for the negative declaration on the need for an Environmental Impact Statement for 3M's East Cove Sediment Removal Project has been prepared on behalf of the City to address the specific comments and con- cerns of the responding agencies, and the Findings are attached to this resolution. Passed this 18th day of May, 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk RECORD OF DECISION FINDINGS OF FACT, CONCLUSIONS, AND CITY COUNCIL RESOLUTION DATE: May 12, 2011 RE: Record of Decision — Negative Declaration on the Need for a EIS PROJECT: 3M East Cove Sediment Removal Project ADMINISTRATIVE BACKGROUND The City of Cottage Grove is the Responsible Governmental Unit (RGU) for this project and 3M Company is the project proposer. An Environmental Assessment Worksheet (EAW) has been prepared for this project in accordance with Minnesota Rules Chapter 4410. The EAW was de- veloped to assess whether or not there are impacts from the project to determine if an Environ- mental Impact Statement (EIS) is required. The EAW was filed with the Minnesota EQB and circulated for review and comments to the required EAW distribution list. A notice of availability to review 3M's EAW was submitted to the Environmental Quality Board on March 14, 2011. The EQB published the notice in the EQB's Monitor on March 21, 2011. The 30 -day public comment period for the EAW was from March 21, 2011, to April 20, 2011. A press release briefly describing the project, where the EAW can be reviewed, the comment period deadline, and to whom comments should be submitted was sent to the South Washington County Bulletin. The Minnesota Pollution Control Agency (MPCA) and 3M signed a Settlement Agreement/ Con- sent Order in May 2007 to clean up three 3M PFC Disposal Sites in Washington County. One of these sites is at the 3M Cottage Grove plant. As part of the agreement, 3M completed a Re- medial Investigation and Feasibility Study for the Cottage Grove site, the focus of which was to identify any remaining threats to public health or the environment from releases of PFCs at the site. The Consent Order also required that in developing cleanup alternatives, primary consider- ation should go to those that excavate and destroy remaining PFC wastes or that excavate and dispose of PFC wastes in a permitted, isolated, engineered containment facility. The MPCA reviewed the alternatives identified in the Feasibility Study and issued a Minnesota Decision Document in August 2009. This document summarized the facts and determinations made by the Minnesota Pollution Control agency in approving the recommended response action alternatives. It is the finding of the City of Cottage Grove (RGU) that the Environmental Assessment Work- sheet (EAW) for 3M's proposed East Cove Sediment Removal Project was completed and is adequate to determine whether the project has the potential for significant environmental ef- fects. The EAW described the type and extent of impacts anticipated to result from the proposed project. This document provides clarifications and additional information since the EAW was published. Record of Decision — Negative Declaration on the Need for a EIS 3M East Cove Sediment Removal Project May 12, 2011 Page 2 of 6 The City of Cottage Grove further recognizes the following findings of fact in conjunction with a negative declaration on the need for an EIS for the proposed East Cove Sediment Removal Project: PROJECT DESCRIPTION The East Cove Sediment Removal Project will remove approximately 17,000 cubic yards of sediment containing perfluorochemicals (PFCs) from the East Cove at the 3M Cottage Grove plant and a portion of the sandbar at the cove outlet. The project removal area is approximately 1.5 acres in size and is located on 3M property at the base of a ravine adjacent to and east of the 3M Cottage Grove Plant. The sediment in the cove and sandbar are being removed by dredging to a depth of 6.5 to 7 feet below the top of the sediment and within the defined bounda- ries approved by the Minnesota Pollution Control Agency. There will not be any permanent loss to existing wetland in the East Cove. The project will have a temporary impact on the East Cove during sediment removal and construction. As removal is completed, the excavated cove will be backfilled with soil to elevations consistent with pre- construction conditions. This work is in accordance with MPCA's Decision Document with 3M to remove sediments containing perfluorochemicals (PFCs) from the East Cove and a portion of the sandbar at the cove outlet. The removed sediments will be placed in a containment cell at the SKB Industrial Landfill in Rosemount, Minnesota. FINDINGS OF FACT 1. Comparing environmental impacts that may be reasonably expected to occur from the proposed project with the criteria contained in Minnesota Rules 4410.1700, subpart 7, the City of Cottage Grove, Washington County, Minnesota finds that the proposed project does not have the potential for significant environmental effects. 2. The EAW is incorporated by reference in this Record of Decision. 3. City staff submitted the EAW to the Minnesota Environmental Quality Board (MEQB) on March 14, 2011. 4. A press release announcing the availability of the EAW for public review and comment, including a brief description of the project, was sent to South Washington County Bulletin on March 14, 2011. 5. The EAW was filed with the MEQB and notice for its availability for public review and comment was published in the EQB Monitor on March 21, 2011. A copy of the EAW was sent to all persons on the MEQB Distribution List and to persons who requested a copy. The EAW was also made available on the City of Cottage Grove's website, Cottage Grove City Hall, and at the Washington County Library — Park Grove Branch. 6. The 30 -day public review and comment period, the City of Cottage Grove received four written comments on the EAW from: Record of Decision — Negative Declaration on the Need for a EIS 3M East Cove Sediment Removal Project May 12, 2011 Page 3 of 6 a. Minnesota Department of Natural Resources b. Minnesota Pollution Control Agency c. Metropolitan Council Environmental Services d. South Washington Watershed District 7. The written comments received are summarized below with a City of Cottage Grove response following each comment. Minnesota Department of Natural Resources (DNR) Central Region The DNR reviewed the EAW and commented that the document appeared to be com- plete and accurate and does not require the preparation of an EIS. The DNR reported that they are currently reviewing the Public Waters Work Permit application. Comment: The DNR commented that they are reviewing the Public Waters Work Permit application for this project. Response: The RGU acknowledges that additional project requirements beyond what is currently outlined in the EAW may be included as conditions of the permit and understand that the decision of whether or not the permit will be granted will not occur until the environmental review process is complete. Minnesota Pollution Control Agency (MPCA) The MPCA reported that the EAW contains detailed descriptions of the excavation and remediation of the PFC contaminated sediments in the East Cove as contained in the MPCA approved Remedial Design /Response Action Plan for the 3M Cottage Grove Site. The East Cove cleanup project was approved by the MPCA Commissioner as outlined in the Minnesota Decision Document dated August 28, 2009 and as outlined in the Settle- ment Agreement /Consent Order dated May 11, 2007. Comment: The MPCA commented that a Clean Water Act (CWA) Section 404 Permit from the U.S. Army Corps of Engineers (USAGE) for project related wetland impacts may be necessary. If a USACE Section 404 Individual Permit is required, then a MPCA CWA Section 401 Water Quality Certification or waiver must also be obtained as part of the permitting process. Response: The USACE has decided that a permit will not be done under a 404 Individual Permit but will be done under the current general permit that exists for the 3M Cottage Grove plant. Metropolitan Council (Met Council) The Metropolitan Council generally agrees that removal of contaminated sediment from both the East Cove and the Mississippi River in this area will improve the water quality, particularly fish tissue concentrations of PFOS in Pool 2. Metropolitan Council expressed the following concerns: Record of Decision — Negative Declaration on the Need for a EIS 3M East Cove Sediment Removal Project May 12, 2011 Page 4 of 6 1. The East Cove Sediment Removal Project does not address the effects of the project relative to Pool 2 PFOS impairment. 2. The ability of the proposed project to reduce PFOS transport to Pool 2 has not been fully demonstrated. 3. The project does not include post - project monitoring to evaluate the reduction in the transport of PFOS to Pool 2. Comment: The proposed remediation project is not sufficient to properly ad- dress the impairment of water quality and fish in Pool 2. Response: The East Cove Sediment Removal Project is an environmental re- mediation project designed to remove PFC impacted sediment from the East Cove and sandbar for the protection of human health and the environment. The project is to prevent PFCs from potentially desorbing from the sediment into surface water and groundwater. A groundwater extraction system is being installed in accordance with the Minnesota Decision Document dated August 28, 2009 and MPCA approved Remedial Design /Response Action Plan for the 3M Cottage Grove site. The sediment removal project in the East Cove is an important com- ponent of the cleanup plan to reduce migration of PFCs to the Mis- sissippi River. The MPCA will continue to evaluate PFC impacts to the Mississippi River from all sources. Comment: The EAW does not quantify the degree of reduction expected from the East Cove to Pool 2. Response: It would be quantified in the TMLD for Pool 2. South Washington Watershed District Comment: The South Washington Watershed District reported that they do not have any substantial comments regarding the EAW. Response: Comment noted. 8. The following permit and approvals will be required for the project: Unit of Government Type of Application Status City of Cottage Grove Conditional Use Permit (grading permit) To be obtained MDNR /USAGE /LGU MN Local /State /Federal Application Forms For Being submitted Water/Wetland Projects — Part I (Basic Applica- tion): Wetland Conservation Act (WCA) Record of Decision — Negative Declaration on the Need for a EIS 3M East Cove Sediment Removal Project May 12, 2011 Page 5 of 6 USACE Regional General Permit GP- 001 -MN; Section 404- Being submitted Clean Water Act and Section 10 -River and Harbors Act MN Pollution Control Agency Stormwater General Permit for Construction To be prepared Activities South Washington SWWD review — May not require a separate permit Watershed District CONCLUSIONS The City of Cottage Grove has fulfilled all applicable procedural requirements of law and rule regarding the preparation of the Environmental Assessment Worksheet (EAW) for the proposed 3M East Cove Sediment Removal Project. Pursuant to Minnesota Rules Part 4410 the proposed project has been evaluated by the public and the City of Cottage Grove (RGU). This evaluation included preparation and public review of the EAW under the environmental review rules established by the Minnesota Environmental Quality Board (EQB). 3. Pursuant to Minnesota Rules Part 4410.1700, Subpart 5, a copy of this RGU Findings of Fact and the City resolution making a negative declaration on the need of an EIS is being provided within five days, to all persons on the MEQB Distribution List, to per- sons commenting, and to persons who requested a copy. This Findings of Fact will also be made available on the City of Cottage Grove's website. 4. The EAW described the type and extent of impacts anticipated to result from the project. This document provides clarifications and information that the proposed project will re- sult in no permanent loss to existing wetland in the East Cove and has generated infor- mation which is adequate to determine whether the project has the potential for significant environmental effects. Areas where potential environmental effects have been identified are addressed in the work plan of the project. Mitigation will be provided where impacts are expected to re- sult from the project construction and are incorporated into the project design and have been or will be coordinated with state and federal agencies during the permit process. 6. Based on the criteria in Minnesota Rules Part 4410.1700, the project does not have the potential for significant environmental effects. An Environmental Impact Statement is not required for the proposed 3M East Cove Sediment Removal Project. Record of Decision — Negative Declaration on the Need for a EIS 3M East Cove Sediment Removal Project May 12, 2011 Page 6 of 6 8. 3M is providing the financial assurance that this project will be performed and restoration completed in accordance with plans approved by the Minnesota Pollution Control Agency. 9. The East Cove Sediment Removal Project is merely one component of the overall clean -up plan at the 3M Cottage Grove site. This sediment removal component will prevent one source from contributing PFC's to the Mississippi River and is an impor- tant component of the cleanup plan to reduce migration of PFCs to the Mississippi River. 10. This remedial activity will prevent this mass of PFCs from potentially desorbing from the sediment into surface water and groundwater. A groundwater extraction system is being installed in accordance with the Minnesota Decision Document to intercept groundwater containing PFCs moving toward the Mississippi River. 11. The proposed project is an environmental remediation project designed to remove PFC - impacted sediment from the East Cove and sandbar for the protection of human health and the environment in accordance with the MPCA Minnesota Decision Document and MPCA approved Remedial Design /Response Action Plan for the 3M Cottage Grove site. 12. The Minnesota Pollution Control Agency has provided oversight of 3M investigations at the 3M Cottage Grove facility concerning PFCs contamination issues and will mon- itor the effectiveness of the PFC cleanup actions conducted by 3M. 13. The Minnesota Pollution Control Agency has reviewed and approved 3M's proposed cleanup plans concerning PFC remediation activities at the 3M Cottage Grove facility. The Commissioner of the MPCA approved the final PFC cleanup plan for the 3M Cottage Grove site, which is documented in the Minnesota Decision Document dated August 28, 2009. 14. The Minnesota Pollution Control Agency will continue to evaluate PFC impacts to the Mississippi River from all sources as part of the Total Maximum Daily Load Study. 15. This remedial activity will prevent this mass of PFCs from potentially desorbing from the sediment into surface water and groundwater. A groundwater extraction system is being installed in accordance with the Minnesota Decision Document to intercept groundwater containing PFCs moving toward the Mississippi River. 16. The approximately 17,000 cubic yards of sediment will be excavated from the East Cove and sandbar areas. The sediment has been classified as a nonhazardous solid waste. It will be dewatered by addition of a super absorbent polymer, which will allow the sedi- ment to pass the paint filter test both at the loading point and at the disposal point. The dewatered sediment will be transported to the SKB Industrial Landfill and placed in a specially engineered cell for the 3M PFC remediation wastes as approved by the MPCA. RESOLUTION NO. 2011 -XXX RESOLUTION APPROVING THE CONDITIONAL USE PERMIT TO EXCAVATE APPROXIMATELY 17,000 CUBIC YARDS OF EXCESS SOIL FROM LAND LOCATED IN THE SOUTHEAST CORNER OF THE 3M COTTAGE GROVE SITE WHEREAS, 3M has applied for a conditional use permit to remove approximately 17,000 cubic yards of sediment containing perfluorochemicals (PFCs) from the East Cove at the 3M Cottage Grove plant and a portion of the sandbar at the Cove's outlet in the southeast corner of the 3M Cottage Grove site, located on property legally described below: That part of Section 35, Township 027 North, Range 21; Cottage Grove, Washington County, MN being in the West Half of Section 35, Township 027 North, Range 21 West and lying south of the right -of -way of the Chicago, Milwaukee, & St. Paul Railway Company. WHEREAS, 3M has also applied for an Environmental Assessment Worksheet (EAW) for the proposed 3M East Cove Sediment Removal Project; and WHEREAS, a public hearing notice was published in the South Washington County Bulletin on April 13, 2011; and WHEREAS, public hearing notices were mailed to 79 neighboring property owners on April 14, 2011; and WHEREAS, the Planning Commission held the public hearing for the EAW and conditional use permit at their meeting on April 25, 2011. The public hearing was open for public testimony, and testimony from the applicant and the public was received and entered into the public record; and WHEREAS, the Planning Commission reviewed the EAW and unanimously (6 -to -0 vote) recommended a negative declaration on the need for an Environmental Impact Statement (EIS) for 3M's East Cove Sediment Removal Project; and WHEREAS, the Environmental Commission reviewed the EAW at their meeting on May 11, 2011, and unanimously (6 -to -0 vote) recommended a negative declaration on the need for an Environmental Impact Statement (EIS) for 3M's East Cove Sediment Removal Project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit to remove approximately 17,000 cubic yards of sediment containing perfluorochemicals (PFCs) from the East Cove at the 3M Cottage Grove plant and a portion of the sandbar at the Cove's outlet in the southeast corner of the 3M Cottage Grove site, subject to the following conditions: 1. 3M must comply with the remedial actions documented in the Minnesota Decision Document made by the Minnesota Pollution Control Agency staff in approving the recommended response action alternatives. Resolution No. 2011 -XXX Page 2 of 2 2. 3M will obtain all required State permits before excavation begins. 3. A copy of the National Pollution Discharge Elimination System (NPDES) general storm water permit from the MPCA must be given to the City. 4. 3M will provide a copy of the Stormwater Pollution Prevention Plan (SWPPP) and a copy of all the erosion control inspections to the City Engineer. Passed this 18th day of May 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON APRIL 25, 2011 6.3 3M East Cove Environmental Assessment Worksheet — Case EAW11 -007 3M Company has applied for a conditional use permit for removal of approximately 17,000 cubic yards of sediment containing PFCs from the East Cove at the 3M Cottage Grove plant and a portion of the sandbar at the cove outlet. The project removal area is approximately 1.5 acres in size and is located on 3M property, 10746 Innovation Road, at the base of a ravine adjacent to and east of the 3M Cottage Grove Plant. 3M has also ap- plied for an Environmental Assessment Worksheet (EAW) for their East Cove Sediment Removal Project. McCool summarized the staff report and recommended approval of both the conditional use permit and the environmental assessment worksheet subject to the conditions stipulated in the staff report. Mark Gaetz, 3M Company, stated that this is the final stage of the physical removal at the site; there were three other distinct locations within the 3M Cottage Grove property that they took care of earlier. Under this consent order, there are other activities that will happen re- lated to treatment of waters and installation of a barrier well system for ground water extrac- tion, which is the primary protection of the river. He presented schematics of the different phases of this project. He explained that the East Cove is a seasonal wetlands area and is the continued discharge area for the 3M wastewater treatment facility. He stated that they need to maintain their discharge so they can continue to operate the facility. He provided a description of the staged approach to the excavation and disposal of the excavated sedi- ment. Sheet pilings will be installed by the railroad right -of -way and the west and north sides of the cove around the sandbar area along the bank of the Mississippi River. The water will be diverted to the east side of the Cove and a temporary loading dock will be constructed. They will then reverse the flow to the west side of the Cove and install a turbility curtain on the north and east sides of the Cove. They will dredge the east section of the Cove by using a piece of equipment on a floating platform and depositing the dredged material onto a barge where they will apply a super absorbent material. This material will be loaded onto trucks for transport to the approved disposal site. After the east side is dredged and partially backfilled, they will move to the west section and divert the water flow to the east. They will be exca- vating approximately 17,000 cubic yards of sediment in wet form, which will be dewatered on site and hauled to the disposal site in Rosemount, Minnesota. Contaminated sediment at the sandbar will be removed and backfilled with clean sand. The last stage is to remove the dams and barges, stabilize, and demobilize. The schedule, pending PCA approval, is to start the process in June and demobilize in November 2011. The Army Corps of Engineers and Department of Natural Resources will provide a recommendation on the planting plan, to be completed in spring 2012 and then monitor the plantings over time to ensure active growth. Poncin asked what the jurisdiction is for the Planning Commission in regard to this applica- tion. McCool responded that the City is the responsible government unit and is responsible to evaluate that the EAW includes all the environmental issues and findings of the environ- mental review process, advertise the availability of the EAW, and conduct the public hear- Excerpt from Planning Commission Minutes 3M East Cove Environmental Assessment Worksheet April 25, 2011 Page 2 of 4 ings. Planning staff is recommending that the Planning Commission consider a recommen- dation of a negative declaration that an Environmental Impact Statement is needed, because the City finds this project is warranted for the removal of the PFCs found in the sediment material in the East Cove, based on the findings that are identified in the planning staff re- port. Staff is also recommending approval of the conditional use permit for the grading oper- ation to take place, subject to the conditions listed in the staff report. McCool reported that today, the City received a response from the Minnesota Pollution Control Agency responding to the comments made by the Metropolitan Council. The MPCA identified that the comments made by the Met Council were not within the scope of this particular project, but there are other projects taking place in Pool 2 of the Mississippi River, and it also deals with the total daily load limits of the Mississippi River. Those projects and their evaluations are ongoing. Linse asked if the negative declaration on the EIS is primarily because the benefit for getting PFCs out is greater than the impact on the environment. McCool responded that was correct. Treber opened the public hearing. Dale Andrews, 8430 Keats Avenue South, asked about the 2007 agreement and if this is a subset of whatever actions were to be taken by that agreement. She also asked for clarifica- tion on the number clean -up sites. McCool responded there are three sites. Andrews asked outside of the 3M plant, what the other two Washington County are. Gaetz responded in Woodbury on the east side of County Road 19 just north of the Woodbury/Cottage Grove boundary and in Oakdale on Highway 5 between Granada and Hadley. Andrews asked if the May 2007 agreement is public record. Gaetz responded yes. Andrews asked if they went through the same process for other two locations. Gaetz responded that this process was very similar to what was done in Oakdale and Woodbury; the only difference is that there is a wetland involved with the Cottage Grove site. Andrews asked if this process was also done because it involved the Mississippi River. Gaetz responded that it is in a sandbar in the River. No one else spoke. Treber closed the public hearing. Poncin stated that in the Met Council letter, one of their points of concern is that the East Cove Sediment Project does not include post project monitoring, which was not addressed in the MPCA letter. She asked if there is a monitoring plan. Gaetz responded that the whole project, including the East Cove and the former disposal areas, will be under a post site monitoring program once all the remedies are put in place. In regard to the Met Council let- ter, he explained that the EAW form does not allow for a good description of the project. They supplied as part of their package detailed information related to the remediation project. It was designed to give an understanding of what was going on. He believes the Met Council misunderstood what was to be evaluated, and the remedy plan approved by the MPCA had already been given public notice, which would have been the proper time to ad- dress the comments related to the work plan. Poncin asked at the conclusion of the East Cove project would they test to see if the PFCs are removed. Gaetz responded that a testing protocol is not a part of this particular remediation project. He explained that as part of de- veloping the design for this project, hundreds of samples from more than 60 years of dispo- Excerpt from Planning Commission Minutes 3M East Cove Environmental Assessment Worksheet April 25, 2011 Page 3 of 4 sition were collected within the cove area. There is approximately two feet of clean granular material on the surface, and below that is the sediment layer, which is 4.5 to 5 feet deep. That layer is the material they will be removing. Below the sediment area is virgin soil and clay that is not impacted. Based on the data collected during the investigations, they have established the elevations to which they need to excavate. They will be utilizing a floating barge to excavate under the water using GIPS-controlled equipment based on very good sur- vey data. They will remove material down to the targeted depth and use visual acuity to con- firm that the sediment has been removed. Rambacher asked for clarification on if there will or will not be tests after the fact. Gaetz re- sponded that there will be no physical material testing for confirmation of removal because it is not a practical method in this type of environment. However, there will be an ongoing groundwater monitoring program supporting the overall remedy. He stated that one of the most important of the other aspects of this project is the installation of new barrier wells along the east side of the site and coupled with the existing production wells that are on the site, this will provide hydraulic control over the site. Basically, the wells intercept water before going into the river. It is not possible to get all the material out, as some has gone down into the water table, but that material will be recovered through these extraction wells. Once it is recovered through the extraction wells, that water will be redirected back into the plant and before it is discharged, it will be treated with activated carbon. They will basically remove the PFCs that remain in the groundwater before the water goes back into the river. The objective of the sediment removal project is to remove the source material, and the objective of the barrier well system is to assure that any PFCs that possibly remain does not get to the river. Rambacher asked for a quick overview of a barrier well. Gaetz responded that as part of the project, 3M established two hydraulic barrier wells on the western portion of the property. Those wells extract water on a continuous basis. This water is used in the facility and then goes through their wastewater treatment system before it is discharged. They discovered that hydraulic control only goes a certain distance to the east of those wells, so they installed two additional high capacity wells on the eastern portion of the property and are waiting for the opportunity to do some extended pump testing to make sure they have complete cover- age along the bluff. In concert with the wells that currently exist, these wells keep anything that might be in the groundwater from getting to the river. These additional wells will extend that control all the way to the eastern boundary of Ws property. Rambacher asked if the barrier wells are pumping water out of the ground and bringing it back to the plant. Gaetz re- sponded that it is brought back to the plant and re -used within the facility. They are estab- lishing carbon treatment systems sufficient to treat all the extracted groundwater at the site before it is discharged through their normal wastewater process. Pearson made a motion to recommend acceptance of the Findings of Facts on the EAW for the East Cove Sediment Removal Project proposed by 3M Company and declare a negative declaration on the need for an EIS for the East Cove Sediment Removal Project proposed by 3M Company. Rostad seconded. Motion passed unanimously (6 -to -0 vote). Excerpt from Planning Commission Minutes 3M East Cove Environmental Assessment Worksheet April 25, 2011 Page 4 of 4 Rambacher made a motion to recommend approval of the conditional use permit to allow removal of sediment from the East Cove at 3M Cottage Grove, subject to the conditions listed below. Poncin seconded. 1. 3M must comply with the remedial actions documented in the Minnesota Deci- sion Document made by the Minnesota Pollution Control Agency staff in approving the recommended response action alternatives. 2. 3M will obtain all required State permits before excavation begins. 3. A copy of the National Pollution Discharge Elimination System (NPDES) general storm water permit from the MPCA must be given to the City. 4. 3M will provide a copy of the Stormwater Pollution Prevention Plan (SWPPP) and a copy of all the erosion control inspections to the City Engineer. Motion passed unanimously (6 -to -0 vote).