STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY FINDINGS OF FACT

Transcription

1 STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY IN THE MATTER OF THE DECISION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED EAGLE BEND WASTEWATER TREATMENT FACILITY IMPROVEMENTS TODD COUNTY, MINNESOTA FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT Pursuant to Minn. R (2001), the Minnesota Pollution Control Agency (MPCA) staff has prepared an Environmental Assessment Worksheet (EAW) for the proposed project. Based on the MPCA staff environmental review, comments, and information received during the comment period, and other information in the record of the MPCA, the MPCA hereby makes the following Findings of Fact,, and Order: FACILITY HISTORY The city of Eagle Bend (City) currently operates a Wastewater Treatment Facility (WWTF) designed to treat a design flow of 85,000 gallons per day (gpd). The WWTF consists of a stabilization pond facility which discharges on a controlled basis to an unnamed ditch to Eagle Creek. PROPOSED PROJECT DESCRIPTION The proposed WWTF will be designed to treat an average wet weather flow of 195,600 gpd. The new WWTF will replace the old WWTF and will be relocated approximately 0.5 miles to the northeast of the existing WWTF. The proposed WWTF will consist of a three cell stabilization pond and the discharge goes directly to Eagle Creek. The City is also proposing to make some sanitary sewer improvements and watermain extensions. The improvements are being made to connect some existing homes and provide sewer and water to future homes to the new WWTF. PROCEDURAL HISTORY 1. Pursuant to Minn. R , subp , subp.18.b., an EAW was prepared by MPCA staff on the proposed project. Pursuant to Minn. R (2001), the EAW was distributed to the Environmental Quality Board (EQB) mailing list and other interested parties on the Eagle Bend project. TDD (for hearing and speech impaired only): (651) Printed on recycled paper containing at least 30% fibers from paper recycled by consumers

2 2. The MPCA notified the public of the availability of the EAW for public comment. A news release was provided to media serving the project area, as well as, other interested parties on October 10, In addition, the EAW was published in the EQB Monitor on October 27, 2003, and available for review on the MPCA Web site at on October 13, The public comment period for the EAW began on October 10, 2003, and ended on November 26, During the 30-day comment period, the MPCA received one comment letter from a government agency. 4. The comment letter received and responses to the comments are hereby incorporated by reference as Appendix A to these findings. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS 5. Under Minn. R (2001), the MPCA must order an Environmental Impact Statement (EIS) for projects that have the potential for significant environmental effects that are reasonably expected to occur. In deciding whether a project has the potential for significant environmental effects, the MPCA must compare the impacts that may be reasonably expected to occur from the project with the criteria set forth in Minn. R , subp. 7 (2001). These criteria are: A. the type, extent, and reversibility of environmental effects; B. cumulative potential effects of related or anticipated future projects; C. the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and D. the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs. THE MPCA FINDINGS WITH RESPECT TO EACH OF THESE CRITERIA ARE SET FORTH BELOW Type, Extent, and Reversibility of Environmental Effects 6. The first criterion that the MPCA must consider, when determining if a project has the potential for significant environmental effects that are reasonably expected to occur, is the "type, extent, and reversibility of environmental effects" Minn. R , subp. 7.A (2001). The MPCA findings with respect to each of these factors are set forth below. 7. Reasonably expected environmental effects of this project to water quality: A. Impacts to Eagle Creek due to the discharge of treated effluent. 2

3 8. The extent of any potential water quality effects that are reasonably expected to occur: A. The impact on Eagle Creek will be negligible because the proposed WWTF is being designed to meet effluent limitations based on Minn. R. ch The City is also being required to prepare a Phosphorus Management Plan through the National Pollutant Discharge Elimination System (NPDES) Permit. 9. The reversibility of any potential water quality effects that are reasonably expected to occur: The MPCA finds that any potential effect that is reasonably likely to occur from this project would be reversible. As discussed above, the expected effects on water quality are minimal. There is no reason to believe that this project is reasonably expected to cause a significant negative effect on water quality. 10. The MPCA finds that the environmental review is adequate to address the concerns because: All potential impacts to water quality that are reasonably expected to occur from the proposed expansion of this WWTF have been considered during the review process and a method to prevent these impacts has been developed. 11. The MPCA finds that the project as it is proposed does not have the potential for significant environmental effects on water quality based on the type, extent, and reversibility of environmental effects reasonably expected to occur. Cumulative Potential Effects of Related or Anticipated Future Projects 12. The second criterion that the MPCA must consider, when determining if a project has the potential for significant environmental effects that are reasonably expected to occur, is the "cumulative potential effects of related or anticipated future projects," Minn. R , subp. 7.B (2001). The MPCA findings with respect to this criterion are set forth below. 13. The EAW, public comments, and MPCA follow-up evaluation did not disclose any related or anticipated future projects that may interact with this project in such a way as to identify any potential cumulative environmental impacts that are reasonably expected to occur. 14. In considering the cumulative potential effects of related or anticipated future projects, the MPCA finds that the reasonably expected effects from this project will not be significant. The Extent to Which the Environmental Effects Are Subject To Mitigation by Ongoing Public Regulatory Authority 15. The third criterion that the MPCA must consider, when determining if a project has the potential for significant environmental effects that are reasonably expected to occur, is "the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority," Minn. R , subp. 7.C (2001). The MPCA findings with respect to this criterion are set forth below. 16. The following permits or approvals will be required for the project: 3

4 Unit of Government Permit or Approval Required Status A. MPCA NPDES Wastewater Permit Submitted B. MPCA NPDES Stormwater Permit To be submitted C. MPCA Sanitary Sewer Extension Permit To be submitted D. MPCA Sludge Disposal To be submitted E. Minnesota Department of Heath Watermain Extension To be submitted (MDH) F. Minnesota Department of Natural Dewatering/ Appropriation To be submitted Resources (DNR) Permit G. Minnesota Department of Utilities in Right-of-way To be submitted Transportation H. Todd County Utilities in Right-of-way To be submitted I. Todd County Conditional Use Permit To be submitted J. U.S. Fish and Wildlife Service/ U.S. Army Corps of Engineers Wetland Impacts To be submitted 17. A. NPDES/State Disposal System (SDS) Discharge Permit to Receiving Waters An NPDES permit will be prepared and issued by the MPCA following a 30-day public comment period. The NPDES Permit authorizes a maximum discharge flow and pollutant loading allowed from the facility. Effluent limitations established within the permit ensure that water quality in the receiving water is protected. B. NPDES Stormwater Construction Permit A general NPDES Stormwater Construction Permit is required when a project disturbs five or more acres. It provides for the use of Best Management Practices, such as silt fences, bale checks, and prompts revegetation to prevent eroded sediment from leaving the construction site. The proposer must have a sediment and erosion control plan that will provide more detail as to the specific measures to be implemented and will also address: phased construction; vehicle tracking of sediment; inspection of erosion control measures implemented; and timeframes in which erosion control measures will be implemented. The general permit also require adequate storm-water treatment capacity be provided to assure that water quality will not be impacted by runoff once the project is constructed. C. SDS Permits for Sewer Installation and Operation After the completion of administrative and technical reviews by MPCA staff, SDS Permits will be required for the interceptor and for each lateral sewer that will connect to it. Review of sewer extension permits will verify that hydraulic capacity exists in the receiving wastewater interceptor systems and treatment facility. 4

5 D. Biosolids Land Application Site Approval and/or Long-term Biosolids Storage Approval The project proposer must obtain the MPCA approval for land application and/or long-term storage. Review requirements for application sites include site boundaries, soils data, tile inlet locations, cropping and site management, and application methods. Long-term storage requests must also include quantity, duration, and management to control leachate and runoff. E. Plumbing and Engineering Plumbing Plan Review The MDH reviews and approves plans and specifications for projects for community and municipal water systems for the installation of watermains, community water supply wells, pumphouses, chemical feed systems, water treatment plants and plant renovations, elevated or ground storage tanks and reservoirs, booster stations, and any other type of potable water related infrastructure project. F. General Permit for Temporary Dewatering Approval of dewatering through a DNR Water Appropriation Permit is required when the amount of appropriation exceeds 10,000 gpd, or one million gallons per year. G. Utility Permit to work in State Right-of-way The Right-of-way Permit ensures that the work will be accomplished in a manner that will not be detrimental to the Right-of-way and that will safeguard the public, and that the Right-of-way on trunk highways is restored to its original condition. H. Utilities Permit The permit assures that the utilities will be constructed or installed in accordance with the Todd County s ordinances and codes. I. Conditional Use Permit A Conditional Use Permit is required when a use is not usually allowed within a zoning district, but may be allowed with certain conditions. A Conditional Use Permit may be approved upon a showing by an applicant that standards and criteria stated in the Todd County s ordinance would be satisfied. J. 401 Certification The project is subject to the review requirements of the MPCA s Water Quality Certification for the U.S. Army Corps of Engineers Section 404 Wetlands and Section 10 (Rivers and Harbors) Permits and Federal Energy Regulatory Commission licenses to hydropower facilities. 18. The MPCA finds that ongoing public regulatory authority will address any significant potential environmental effects that were identified as reasonably expected to occur. 5

6 The Extent to Which Environmental Effects can be Anticipated and Controlled as a Result of Other Available Environmental Studies Undertaken by Public Agencies or the Project Proposer, Including Other EISs. 19. The fourth criterion that the MPCA must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs." Minn. R , subp. 7.D (2001). The MPCA findings with respect to this criterion are set forth below. 20. The following documents were reviewed by the MPCA staff as part of the potential environmental impact analysis for the proposed expansion of the Eagle Bend WWTF. This list is not intended to be exhaustive. The MPCA also relies on information provided by the project proposer, commentors, staff experience, and other available information. EAW Data Permit Application Facility Plan 21. There are no elements of the project that pose the potential for significant environmental effects that cannot be addressed in the project design and permit development processes, or by regional and local plans. 22. Based on the environmental review, previous environmental studies, and MPCA staff expertise on similar projects, the MPCA finds that the environmental effects of the project that are reasonably expected to occur can be anticipated and controlled. CONCLUSIONS OF LAW 23. The MPCA has jurisdiction in determining the need for an EIS for this project. The EAW, the permit development process, the facility planning process, responses prepared by MPCA staff in response to comments on the Eagle Bend WWTF EAW, and the evidence in the record are adequate to support a reasoned decision regarding the potential significant environmental effects that are reasonably expected to occur from this project. 24. Areas where the potential for significant environmental effects may have existed have been identified and appropriate mitigation measures have been incorporated into the project design and permits. The project is expected to comply with all MPCA standards. 25. Based on the criteria established in Minn. R (2001), there are no potential significant environmental effects reasonably expected to occur from the project. 26. An EIS is not required. 27. Any findings that might properly be termed conclusions and any conclusions that might properly be termed findings are hereby adopted as such. 6

7 ORDER The Minnesota Pollution Control Agency determines that there are no potential significant environmental effects reasonably expected to occur from the Eagle Bend Wastewater Treatment Facility project and that there is no need for an Environmental Impact Statement. IT IS SO ORDERED Sheryl A. Corrigan, Commissioner Minnesota Pollution Control Agency Date 7

8 APPENDIX A Minnesota Pollution Control Agency Eagle Bend Wastewater Treatment Facility Environmental Assessment Worksheet COMMENT LETTER RECEIVED 1. Diane K. Anderson, Environmental Planner, Minnesota Department of Natural Resources. Letter received November 24, RESPONSE TO COMMENT ON THE EAW 1. Diane K. Anderson, Environmental Planner, Minnesota Department of Natural Resources. Letter received November 24, Comment: The Department of Natural Resources determined from a natural resources management perspective the project does not appear to have the potential for significant environmental effects. Response: No response necessary.