Minnesota Department of Transportation County Road 82 West Roseville, MN Metropolitan District - Waters Edge. Phone: (651)

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1 An Equal Opportunity Employer Minnesota Department of Transportation Metropolitan District - Waters Edge 1500 County Road 82 West Roseville, MN Phone: (651) DATE: TO: FROM: February 8, 2013 EQB Distribution List Interested Parties Ramankutty Kannankutty MnDOT Metro District, Area Engineer SUBJECT: Negative Declaration Regarding the Need for an Environmental Impact Statement for the Interstate 94/Brockton Lane Interchange Project, Dayton, Minnesota SP and SP This project proposes to preserve an interchange "footprint" along 1-94 and a new roadway alignment east of the existing Brockton Lane overpass in the City of Dayton. The project also includes auxiliary lane improvements to 1-94 between the proposed interchange footprint and a future 1-94/Trunk Highway (TH) 610 interchange. The project is not programmed for construction. The City of Dayton is the project proposer and MnDOT is the Responsible Governmental Unit (RGU). The proposed action was described and analyzed in an Environmental Assessment Worksheet (EAW) circulated to the EAW Distribution List and others. A Notice of Availability appeared in the EQB Monitor on September 3, A public hearing was held on September 25, The comment period closed October 3, A thorough analysis of the project and its potential impacts was completed by the City, in cooperation with MnDOT. Through its own analysis, coordination with affected agencies, public and community involvement, and comment letters received, MnDOT has determined that the proposed project as described in the EAW and the Findings of Fact and Conclusion does not have the potential for significant environmental impact. MnDOT has concluded that an Environmental Impact Statement (EIS) is not required, and has issued a Negative Declaration Order for the project. This decision and determination is supported by the full administrative record of the project, including the Findings of Fact and Conclusions. The Negative Declaration concludes the Minnesota state environmental review process. Construction is not currently funded for this project. The City and MnDOT do not intend on circulating paper copies of the Findings of Fact and Conclusions document or the Negative Declaration Order. These items and others are available on the project website at: Should any readers not have access to these electronic documents, paper copies may be obtained by

2 EQB Distribution List February 6, 2013 Page 2 contacting Rick Dalton, MnDOT Metro District Environmental Coordinator at or via at richard.dalton@state.mn.us. For the Minnesota Deparlmef~l Trj!.osportation:. 111?/~ - Date 1 cc: Samantha Orduno, City of Dayton Dave Montebello, SRF Consulting Group, Inc. Marie Cote, SRF Consulting Group, Inc. Kevin Jullie, SRF Consulting Group, Inc.

3 Findings of Fact and Conclusions for Interstate 94/Brockton Interchange Project S.P S.P City of Dayton, City of Rogers, City of Maple Grove Hennepin County, Minnesota Proposer: City of Dayton RGU: Minnesota Department of Transportation January 2013

4 TABLE OF CONTENTS I. ADMINISTRATIVE BACKGROUND/STATEMENT OF ISSUE...1 II. FINDINGS OF FACT...2 III. DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT STATEMENT...3 A. Type, Extent, and Reversibility of Impacts...3 B. Cumulative Potential Effects of Related or Anticipated Future Projects...7 C. Extent to Which the Environmental Effects are Subject to Mitigation by Ongoing Public Regulatory Authority...8 D. Extent to Which Environmental Effects can be Anticipated and Controlled as a Result of Other Environmental Studies...9 IV. CONCLUSIONS...10 APPENDIX A: APPENDIX B: APPENDIX C: Figures Public Information Meeting Documentation Comments Received and Response to Comments I-94/Brockton Interchange Project Findings of Fact and Conclusion Page i

5 I. ADMINISTRATIVE BACKGROUND/STATEMENT OF ISSUE The City of Dayton proposes preservation of an interchange footprint in the Interstate 94 (I-94)/Brockton Lane area for future planning that will support the long-term growth and land use plans for adjacent communities. The footprint included in the Environmental Assessment Worksheet (EAW) establishes preliminary right of way limits based on the offset interchange location, local road connections to Brockton Lane and CSAH 81, and auxiliary lane improvements on I-94 between the offset interchange location and the future TH 610 interchange in Maple Grove. The future proposed project includes construction of an interchange with I-94 at the offset interchange location, local road connections, and auxiliary lanes along I-94 between the proposed offset interchange location and the future TH 610 interchange in Maple Grove. The project location is depicted in Figures 1 and 2 in Appendix A. The City of Dayton is the project proposer, and the Minnesota Department of Transportation (MnDOT) is the Responsible Governmental Unit (RGU) for the proposed project. An Environmental Assessment Worksheet (EAW) has been prepared for this project in accordance with Minnesota Rules Chapter The EAW was developed to assess the impacts of the project and other circumstances in order to determine if an Environmental Impact Statement (EIS) is indicated. The EAW was filed with the Minnesota Environmental Quality Board (EQB) and circulated for review and comments to the required EAW distribution list. A Notice of Availability was published in the EQB Monitor on September 3, A press release was provided by MnDOT to media outlets in the surrounding area. A legal advertisement, announcing the availability of the EAW and information regarding the public open house meeting, was published in the Champlin-Dayton Press (see affidavit of publication in Appendix B). A newsletter was also mailed to residents and businesses within the project area. This newsletter served as an invitation to the September 25 public open house meeting and provided information regarding the availability of the EAW. The EAW was made available for public review at the Dayton City Hall, Rogers City Hall, Maple Grove City Hall, MnDOT Metro District Office, Maple Grove Public Library, and Rogers Public Library. The EAW was also available on the project website at: A public open house meeting for the proposed project was held on Tuesday, September 25, 2012 at the Dayton Senior Center (18461 Dayton Street, Dayton). More than 30 individuals attended the public open house meeting. Information regarding previous studies, the project need, the proposed interchange footprint, and potential social, environemental, and economic impacts of the project were presented at the public open house meeting. Copies of the EAW were also available for review during the public open house meeting. The EAW public comment period was held until October 3, Six written comments were received during the EAW comment period (four agency comments and two written comments received at the September 25 public open house meeting). All comments received during the I-94/Brockton Interchange Project Page 1 Findings of Fact and Conclusions

6 EAW comment period were considered in determining the potential for significant environmental impacts. Comments received during the comment period, and responses to those comments, are provided in Appendix C. Based upon the information in the record, which is composed of the EAW for the proposed project, the issues raised during the public comment period, the responses to the comments, and other supporting documents, MnDOT makes the following Findings of Fact and Conclusions: II. FINDINGS OF FACT Project Description I-94/Brockton Lane Interchange Footprint (Current Proposed Project) The I-94/Brockton Lane Interchange Project involves preservation of an interchange footprint along a new roadway alignment between Brockton Lane and CSAH 81 in the City of Dayton. Identification and preservation of this interchange footprint will support the long-term growth and land use plans for communities within the project area; however, the project is not currently programmed for construction. The proposed I-94/Brockton Lane Interchange Project includes auxiliary lane improvements to I-94 within highway right of way from the Brockton Lane area to the future I-94/TH 610 interchange in the City of Maple Grove. At this stage of the project development process, the preferred alternative for the offset interchange location has not been identified. An interchange footprint has been developed for the offset interchange location based on a partial cloverleaf design (loop ramps in the northwest and southwest quadrants) based on the transportation needs for the project (see Appendix C). This footprint was expanded to match parcel boundaries of adjacent properties, resulting in a footprint that could compatible with different interchange types and that could reasonably be expected to accommodate the future interchange. The interchange footprint establishes preliminary right of way limits based on the offset interchange location, local road connections to Brockton Lane and CSAH 81, and auxiliary lane improvements on I-94 between the offset interchange location and the future TH 610 interchange in Maple Grove. The geometric design details of the final interchange type will be explored in as part of future studies to identify a preferred alternative. The offset interchange and I-94 auxiliary lane footprint is illustrated in Figure 3, Appendix A. The location of the proposed offset interchange relative to the I-94/TH 101 interchange in Rogers and the future I-94/TH 610 interchange in Maple Grove is illustrated in Figure 4, Appendix A. Future Construction (Future Proposed Project) The future proposed project includes construction of an interchange with I-94, local road connections, and auxiliary lanes along I-94 between the proposed offset interchange location and the future TH 610 interchange in Maple Grove. As described above, a preferred alternative for I-94/Brockton Interchange Project Page 2 Findings of Fact and Conclusions

7 the offset interchange location has not been identified. As described in the EAW, more specific impacts associated with construction of the future proposed project will be identified and documented in greater detail as part of the NEPA process prior to construction. Cost and Funding Source Project Cost: $22,000,000 to $24,000,000 (year 2012 dollars) Funding Source(s): Project not in State Transportation Improvement Program (STIP) and is not programmed. Project to be funded with federal, state, and local funds. Corrections to the EAW or Changes in the Project Since the EAW was Published The EAW referenced Route 720 as an existing transit service operating in the City of Maple Grove. This route was discontinued in September 2009 (see comments from Metropolitan Council in Appendix C). III. DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT STATEMENT An EIS is not necessary for the proposed project based on the following criteria: A. Type, Extent, and Reversibility of Impacts MnDOT finds that the analysis completed for the EAW is adequate to determine whether the project has the potential for significant environmental effects. The EAW described the type and extent of impacts to the natural and built environment anticipated to result from the proposed offset interchange footprint. This document provides corrections, changes, and new information since the EAW was published. Specific features to mitigate impacts as a result of future project construction will be identified and documented in greater detail as part of future NEPA studies, consistent with requirements in place at that time. Following are the findings regarding potential environmental impacts of the proposed project and the design features included to avoid, minimize, and mitigate these impacts: Potential Environmental Hazards A Phase I Environmental Site Assessment (ESA) for the project area was finalized in summer 2012 (Limited Phase I Environmental Site Assessment, I-94 Brockton Interchange, August 10, 2012). Prior to future project construction, the Phase I ESA) will be updated, and potentially contaminated properties will be evaluated for their potential to be impacted by construction and/or acquisition for right of way. Any properties with a potential to be impacted by the project will be drilled and sampled if necessary to determine the extent and magnitude of contaminated soil or groundwater in the areas of concern. The results of the drilling investigation will be used I-94/Brockton Interchange Project Page 3 Findings of Fact and Conclusions

8 to determine if the contaminated materials can be avoided, or the project s impacts to the properties minimized. If necessary, a plan will be developed for properly handling and treating contaminated soil and/or groundwater during construction. MnDOT will work with the Minnesota Pollution Control Agency (MPCA) Voluntary Investigation and Cleanup (VIC) Program, the Petroleum Remediation/Brownfields Program, and the Minnesota Department of Agriculture Voluntary Investigation and Cleanup Program (AgVIC) as appropriate, to obtain assurances that MnDOT s contaminated site cleanup work, and/or contaminated site acquisition, will not associate it with long-term environmental liability for the contamination. Physical Impacts on Water Resources Public Waters and Public Waters Wetlands Forty-one (41) potential surface water areas (22 potential wetland areas, 19 ditches or stormwater ponds, and one creek) were identified within the offset interchange footprint. During the final design phase of the project, wetland boundaries will be determined through the prescribed wetland delineation requirements in place at the time. Jurisdictional determinations will be made during the permitting phase of the project. The offset interchange footprint (proposed I-94 interchange area and local road connections) has the potential to affect appoximately 7 acres of potential wetland areas. During the design and permitting phase of the project, wetland impacts will be recalculated based on a formal wetland delineation. Mitigation for unavoidable wetland impacts associated with the future proposed project will be followed in accordance with all rules, regulations and replacement requirements in place at that time. Potential Surface Water Areas If temporary dewatering is needed for the future proposed project, the appropriate Minnesota Department of Natural Resources (DNR) groundwater appropriation permits will be obtained. Best management practices (e.g., temporary/permanent sedimentation basins, other BMPs) will be implemented prior to any dewatering activities for treatment of dewatering discharges as per National Pollution Discharge Elimination System (NPDES) construction stormwater permit requirements in place at the time of construction. Floodplains Federal Emergency Management Agency (FEMA) regulated floodplains are associated with the Rush Creek system. Rush Creek and associated floodplains are located to the south and west of the offset interchange footprint. The offset interchange footprint is anticipated to create an approximate 1,200-foot longitudinal impact to the Rush Creek floodway fringe on the west side of I-94 and a longitudinal impact of approximately 1,450 feet along the local road connection between Brockton Lane and the southwest quadrant of the interchange footprint. The floodplain I-94/Brockton Interchange Project Page 4 Findings of Fact and Conclusions

9 impact along I-94 is a result of anticipated road embankment widening to accommodate the proposed auxiliary lane. All longitudinal fill impacts are to the floodway fringe and will not require remapping of Flood Insurance Rate Maps (FIRM). The floodway itself is not impacted. Fill impacts are anticipated to be mitigated through compensatory storage which may be achieved on the I-94 corridor right-ofway immediately adjacent to the floodplain or on one of the parcels immediately adjacent to the floodplain within the City of Maple Grove. Compensatory storage must be hydraulically connected to the floodplain. Mitigation for floodplain fill due to the stormwater pond would be provided through pond construction (i.e., compensatory storage below the floodplain elevation). Erosion and Sedimentation Temporary and permanent erosion control plans for the future proposed project will be identified in the final site grading and construction plans for each stage as required by the NPDES Construction Stormwater permitting for construction sites and in accordance with any applicable local erosion/sedimentation permit requirements. Erosion and sedimentation of all exposed soil within the construction area will be minimized by utilizing the appropriate BMPs during future project construction. Erosion control measures will be in place and maintained throughout the entire construction period. Removal of erosion measures will not occur until all disturbed areas have been stabilized. Water Quantity and Quality Receiving Water Bodies The ultimate receiving water body for stormwater runoff from the project is Rush Creek. In most instances, treated stormwater is directed to a tributary wetland before entering Rush Creek. Water Quality Runoff volume and associated pollutant loading is expected to increase as a result of the project. The project is expected to increase the amount of impervious cover within the interchange footprint. Stormwater runoff will be conveyed to treatment areas/basins to mitigate water quality impacts. A general stormwater management plan has been identified based on the proposed offset interchange footprint as described in the EAW and summarized below. Figure 7 from the EAW (Water Resources), which illustrates pontential stormwater detention basin locations based on the offset interchange footprint, is provided in Appendix A. The future proposed project is anticipated feature an urban stormwater conveyance system that discharges to stormwater detention basins designed according to National Urban Runoff Program (NURP) design criteria. One new stormwater pond is located east of Brockton Lane and south of local road connection between Brockton Lane and CSAH 81. Two new stormwater ponds are located within the interchange footprint. The pond located along Holly Lane, just west of CSAH 81 is an existing pond that can be adjusted to accommodate additional drainage. Final I-94/Brockton Interchange Project Page 5 Findings of Fact and Conclusions

10 mitigation measures will be identified during detail design, consistent with permitting requirements and best management practices in place at that time. Rush Creek is identified in the 2008 MPCA/EPA 303(d) TMDL list as being impaired for aquatic life (Biological, Fish B-F) and Dissolved Oxygen (DO). A TMDL study and implementation plan has not been completed. Therefore, while no direct mitigation measures have been planned for this impairment as part of the proposed project. However, additional precautions should be taken for construction within one mile of an impaired water, and the current NPDES construction stormwater permit requires additional treatment measures when discharges to an impaired water are proposed. Stormwater runoff treatment BMPs should assist in increasing dissolved oxygen prior to discharge to Rush Creek by removing, to some extent, those nutrients that play a role in the depletion of DO. A specific Stormwater Pollution Prevention Plan (SWPPP) will be developed for the future proposed project at the time of final design and prior to construction, consistent with the NPDES construction stormwater permit requirements in place at that time. Traffic The Federal Highway Administration (FHWA) has review and approval authority over access to the interstate system (i.e., I-94). A formal Interstate Access Request (IAR) must be completed and approved by the FHWA prior to implementation of the project. MnDOT and the Metropolitan Council will also be involved in this process and must also approve the access request as well. Vehicle-Related Air Emissions Traffic forecasts within the project area for I-94 meet the current threshold requiring a quantitative analysis of Mobile Source Air Toxics (MSAT) effects. A qualitative assessment of MSAT effects was provided in the EAW following current FWHA guidance. In order for the proposed project to be approved for construction, MSAT effects must be reevaluated following FHWA guidance in place at the time of the future NEPA study, potentially using a quantitative analysis. The future proposed project will be evaluated under the requirements of the Clean Air Act Amendments and conformity rules in place at that time. The carbon monoxide (CO) hotspot analysis will be reviewed using the most current EPA required emission model and current approved screening method as part of the future NEPA study. Traffic Noise Analysis A planning-level traffic noise analysis was completed as part of the EAW. The purpose of this analysis was to identify future traffic noise levels based on traffic forecasts for land use planning. Modeled daytime traffic noise levels at distances of up to 600 feet to 800 feet from the proposed offset interchange would exceed State noise standards under future (2030) Build Alternative conditions. Modeled nighttime traffic noise levels at distances greater than 1,000 feet from the offset interchange would exceed State noise standards under future Build Alternative conditions. I-94/Brockton Interchange Project Page 6 Findings of Fact and Conclusions

11 Under the future Build Alternative, modeled traffic noise levels are projected to approach or exceed Federal noise abatement criteria at distances greater than 400 feet from the interchange footprint. A future traffic noise analysis will require the identification of traffic noise impacts as a result of construction of the project. Where impacts are identified, noise abatement measures will be considered following FHWA and MnDOT rules and guidance in place at that time. The offset interchange footprint described in the EAW may be subject to change to accommodate any necessary noise abatement measures required for the future project. Construction Impacts (Future Proposed Project) Construction activities associated with the future interchange, associated roadways, and I-94 auxiliary lanes are likely to result in noise and dust. Dust generated during construction will be minimized through standard dust control measures. Construction contractors will be required to control dust and other airborne particulates in accordance with MnDOT standard specifications in place at the time of construction. Permanent vegetation cover will be reestablished as soon as practicable. While MnDOT and its contractor(s) are exempt from local noise ordinances, it is the practice to require contractor(s) to comply with applicable local noise restrictions and ordinances to the extent that is reasonable. Advanced notice will be provided to affected communities of any planned abnormally loud construction activities. Excess materials and debris from this project such as existing pavement, fencing material, unsuitable grading material, and trees/vegetation will be disposed of in accordance with MnDOT standard specifications and applicable rules (e.g., Minnesota Rules ) in place at the time of construction. In particular, excess materials and debris will not be placed in wetlands or floodplains. Vibrations are expected to result from pile driving for bridge piers during bridge construction over I-94. Any necessary buildings susceptibility studies will be completed prior to construction following MnDOT standard practices in place at that time. In addition, the project has the potential to cause temporary vehicle delay on I-94 during construction activities. A Traffic Management Plan will be developed to address the maintenance of traffic on I-94 during construction. B. Cumulative Potential Effects of Related or Anticipated Future Projects As discussed in Item 29 of the EAW, the cumulative potential effect of related or anticipated future transportation and development projects has been considered and the proposed project has low potential for cumulative impacts to the resources directly or indirectly affected by the project. Given laws, rules, and regulations in place, as well as local regulatory requirements and comprehensive planning and zoning laws, substantial adverse cumulative impacts to these resources are not anticipated. I-94/Brockton Interchange Project Page 7 Findings of Fact and Conclusions

12 C. Extent to Which the Environmental Effects are Subject to Mitigation by Ongoing Public Regulatory Authority The mitigation of environmental impacts will be designed and implemented in coordination with regulatory agencies and will be subject to the plan approval and permitting process. Permits and approvals that have been obtained or may be required prior to project construction include those listed in Table 1. TABLE 1 PERMITS AND APPROVALS Action Required or Permit/Approval Agency Status Federal National Environmental Policy Act (NEPA) review and decision Federal Highway Administration (FHWA) Approval/ Determination Interstate Access Request (IAR) FHWA Approval Section 106 of the National FHWA Determination Historic Preservation Act Section 106 of the National Tribal Historic Preservation Consultation Historic Preservation Act Office (THPO) Jurisdictional Determination U.S. Army Corps of Engineers Determination (USACE) Section 404 of the Clean Water USACE Approval Act Permit to be based on associated impacts Section 7 of the Endangered Species Act MnDOT Office of Environmental Stewardship on behalf of U.S. Fish and Wildlife Service (USFWS) Determination Consultation (if necessary) State EAW Certification MnDOT Approval EIS Need Decision (State MnDOT Declaration Order environmental review process) Geometric Layout Review MnDOT Approval Construction Plans MnDOT Approval Section 106 of the National Historic Preservation Act MnDOT Cultural Resources Unit (CRU) Determination of Effect Railroad Agreement, Safety Evaluation, Railroad Permit MnDOT (Office of Freight and Commercial Vehicle Operations) (on behalf of FHWA) Coordination and Approval I-94/Brockton Interchange Project Page 8 Findings of Fact and Conclusions

13 TABLE 1 continued PERMITS AND APPROVALS Permit/Approval State National Pollutant Discharge Elimination System (NPDES) Construction Stormwater Permit Wetland Conservation Act (Boundary Approval/Replacement Plan) Public Waters Work Permit Agency Minnesota Pollution Control Agency (MPCA) MnDOT, with review by Board of Soil and Water Resources Action Required or Status Permit Approval Minnesota Department of Permit Natural Resources (DNR) Water Appropriation Permit DNR Permit Section 401 Water Quality Minnesota Pollution Control Certification Certification Agency (MPCA) Section 106 of the National Minnesota State Historic Consultation Historic Preservation Act Preservation Office (SHPO) Local Controlled Access Approval Metropolitan Council Approval Highway Interchange Request Metropolitan Council Approval Wetland Conservation Act (outside MnDOT right of way) Stormwater Management Erosion and Sediment Control Floodplain Impacts Municipal Consent Local Governmental Unit (TBD) Elm Creek Watershed Management Commission Elm Creek Watershed Management Commission Elm Creek Watershed Management Commission City of Dayton City of Maple Grove Approval Coordination Coordination Coordination Approval D. Extent to Which Environmental Effects can be Anticipated and Controlled as a Result of Other Environmental Studies MnDOT has extensive experience in roadway construction. Many similar projects have been designed and constructed throughout the metropolitan area. No problem is anticipated which the staff of MnDOT Metro District have not encountered and successfully solved many times in similar projects in or near the project area. MnDOT finds that the environmental effects of the project can be anticipated and controlled as a result of assessment of potential issues during environmental review, and experience in addressing similar issues on previous projects. I-94/Brockton Interchange Project Page 9 Findings of Fact and Conclusions

14

15 Appendix A Figures

16 CSAH 81 Brockton La French Lake Rd E French Lake Rd ST th Ave N Territorial Rd Holly La 113th CSAH Ave N 81 Brockton La N North Branch of Rush Creek Holly La!"# 94 Holly La N Territorial Rd Dunkirk La 105th Ave J:\Maps\7359\mxd\7359_Figure1.mxd MINNESOTA Stieg Rd Hennepin County Proposed Project Location Troy La Project Location 101st Ave Rush Creek ,500 Feet Project Location I-94 Brockton Interchange SP , Hennepin County, Minnesota Figure 1

17 CSAH 81 Brockton La French Lake Rd E French Lake Rd ST th Ave N Territorial Rd Holly La 113th CSAH Ave N 81 Brockton La N North Branch of Rush Creek Holly La!"# 94 Holly La N Territorial Rd Dunkirk La 105th Ave Stieg Rd Troy La Rush Creek J:\Maps\7359\mxd\7359_Figure2_U SGS.mxd Project Location 101st Ave ,500 Feet Project Location (USGS) I-94 Brockton Interchange SP , Hennepin County, Minnesota Figure 2

18 CSAH 81 Brockton La French Lake Rd E French Lake Rd ST th Ave N Territorial Rd Holly La 113th CSAH Ave N 81 Brockton La N North Branch of Rush Creek Holly La!"# 94 Holly La N Territorial Rd Dunkirk La 105th Ave J:\Maps\7359\mxd\7359_Figure3_projfootprint.mxd Stieg Rd Proposed Project Location Troy La 101st Ave Rush Creek ,500 Feet Project Footprint I-94 Brockton Interchange SP , Hennepin County, Minnesota Figure 3

19 Bro ckt on La Hem lo ck ROGERS I-94/TH 101 Interchange ANOKA CHAMPLIN 129th Ave Sa DAYTON Elm Creek GÛWX Proposed Offset Interchange CORCORAN Brockt on La N Future 610 System Interchange 97th Ave Maple Grove Pkwy Fern b roo k La J:\Maps\7359\mxd\7359_Figure4_intersections.mxd Parks I-94/Maple Grove Parkway Interchange Së Water MILES GïWX 9 5 th Ave MAPLE GROVE!"# 94 Fish Lake G WX Weaver!"# rd Lake R d Ave 77th Ave!"# 94 Existing and Proposed I-94 Corridor Interchanges I-94/Brockton Lane Interchange SP , Hennepin County, Minnesota Figure 4

20 Troy La N French Lake Rd CSAH th Ave N ST159 kj 1 13th Ave N kj kj Territorial Rd Brockton La N kj North Branch of Rush Creek!"# 94 Holly La Impaired Water Holly La N Legend Stieg Rd kj kj Existing Ponding Location Proposed Ponding Location Perennial Streams [ Troy La Rush Creek 7359_FigureX_w aterresources.mxd Proposed Flow Direction Proposed Flow Boundaries Project Area FEMA Floodplains (Approximated) Troy La N 101st Ave Holly La Feet Water Resources I-94 Brockton Interchange SP , Hennepin County, Minnesota Figure 7

21 Appendix B Public Open House Meeting Documentation

22 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION... CERTIFICATE OF COMPLIANCE... MINNESOTA PROJECT NO. STATE PROJECT NO. =27.:...:8=0~-8=9~---- TRUNK HIGHWAY NO OR LOCAL AGENCY ROUTE NO...,.,.,...,...,..,...,...,.,,...,., (CSAH. MSAS, Other) Being that section of the highway between Brockton Lane and CSAH 81 in Hennepin County, the State of Minnesota. In conformance with the requirements of SECTION 128, TITLE23, UNITED STATES CODE, the undersigned does hereby certify that the public has been afforded an opportunity for a public hearing, or _X_ a public hearing was held and that consideration has been given to the social and economic effects of the project, its impact on the environment, and its consistency with the goals and objectives of such urban planning as has been promulgated by the community. The public was advised of the objectives of such a hearing, the procedures for requesting a hearing, the-deadline for the submission of such a request, or _X_ time, place, and objectives of the hearing by notices published in news media having a gene'ral circulation within the area of said project. Affidavit(s) of such publication is (are) enclosed herewith. The deadline date for the submission of a request for a hearing was 20_, or X The hearing was held on September 25, 2012 in Dayton, Minnesota (City, Township, Other) Signed 5~ ;z_ ~ this 2l3 tb day of ~/-. 20 IZ- Mn/DOT District Engineer Signed this day of 20 Local Agency Title:

23 PRESS&NEWS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Champlin-Davton Press and has full knowledge of the facts which are stated below. (A) The newspaper has c?m~lied wi~~ all. of the requirements const1tutmg quali.f1cat1on as a qualified newspaper as provided by Minn. Stat. 331A.02, 331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in the newspaper o~ce each week for one success1ve week(s); it was first published on Thursday, the 30 day of August, 2012 and was thereafter printed and published on every Thursday to and including Thursday, the day of, 2012; and printed below -is_a_c_o_p_y_o-:-f-:-th-e lower case alphabet from A to Z both inclusive, which is hereby acknowl~dged as being the size and kind of type used in the composition and publication of the notice: Title: CFO Subscribed and sworn to or affirmed before me on this _llil_ day of August, Public Notice (Official Publication) LEGAL ADVERTISEMENT NOTICE OF AVAILABILITY OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE 1 94/BROCKTON LANE INTERCHANGE PROJECT An Environmental Assessment Worksheet (EAW) for the Interstate 94 (1-94)/Brockton Lane Interchange Project (SP and SP ) is available for public review and comment beginning September 3, This project proposes to preserve an interchange footprint along 1-94 and a new roadway alignment east of the existing Brockton Lane overpass in the City of Dayton. The project also includes auxiliary lane improvements to 1-94 between the proposed interchange and a future 1-94/Trunk Highway (TH) 610 interchange. Preservation of the interchange footprint will support the longterm grow1h and land ~~e plans for adjacent commun1t1es. The project is not programmed for construction. The project is proposed by the City of Dayton. The Minnesota Department of Transportation (MnDOT) is the responsible governmental unit (RGU). The EAW identifies information on environmental resources and existing conditions surrounding the 1-94/Brockton Lane interchange area; background data for consideration in future environmental reviews; and potential social economic, and environmental i'mpacts of the proposed project. The project would impact wetlands within the area of the proposed interchange and 1,-94 auxiliary lanes, and encroach 1nto the floodway fringe associated with Rush Creek. The public is invited to an open house on Tuesday, September 25, 2012 to comment on the EAW. The open house will occur from 5:00pm to 7:00 pm at the Dayton Senior Center ( Dayton Street, Dayton, MN 55327). To request an ASL interpreter or other reasonable accommodation, call Janet Miller at or (Greater Minnesota); 711 or (Minnesota Relay). You may also send an to janet.rae.miller@state.mn.us. (Please request at least one week in advance). The project is a collaborative effort led by the City of Dayton. Copies of the EAW are available beginning September 3, 2012.for public inspection and copymg during regular business hours at the following locations: Dayton City Hall, South Diamond Lake Road, Dayton, MN Rogers City Hall, South Diamond Lake Road, Rogers, MN Maple Grove City Hall, Arbor Lakes Parkway, Maple Grove, MN MnDOT Metro Office, 1500 West County Road 82, Roseville, MN Rogers Public Library, John Mllless Drive, Rogers, MN Maple Grove Public Library, 8001 Main Street North, Maple Grove, MN The EAW will also be available for review on the 1-94/Brockton Lane Interchange Project web site at The public is encouraged to submit comments on the EAW during this comment period. Comments can be mailed, prior to the close of the public comment period on Wednesday, October 3, 2012 to Rick Dalton, MnDOT Enviro~mental Coordinator, 1500 West County Road 82, Mailstop 050 Roseville, MN Comme~ts may also be ed to richard. dalton@ state.mn.us. To request the document in an alternative format, please contact the MnDOT Affirmative Action Office at or (Greater Minnesota); 711 or (Minnesota Relay). You may also send an to ADArequest.dot@state.mn.us. (Please request at least one week in advance). (Aug. 30, 2012) CD-194BrocktonEAW

24 Appendix C Comments Received and Responses to Comments

25 COMMENT RESPONSE Minnesota Department of Natural Resources Response A: It is understood that a DNR Public Waters Work Permit will likely be required for construction of the future project. During the final design phase of the project, wetland boundaries will be determined through the prescribed wetland delineation requirements in place at the time, and jurisdictional determinations will be made during the permitting phase of the project. Wetland impacts will be evaluated and identified as part of the future design process. Project partners will coordinate with DNR staff regarding Public Waters Work Permit procedures and requirements during the permitting phase of the project. If temporary dewatering is needed, the appropriate DNR groundwater appropriation permits will be obtained with future project construction. Best management practices (BMPs) will be implemented prior to any dewatering activities for treatment of dewatering discharges as per National Pollutant Discharge Elimination System (NPDES) Construction Stormwater permit requirements in place at the time of the future project construction. Response B: As described in the EAW, the area of the offset interchange footprint was identified so that it could accommodate different interchange types. For purposes of the EAW, it was assumed that all cover within the footprint area would be converted to transportation uses. A tree/vegetation survey will be completed as part of the future design, consistent with MnDOT standard practices in place at that time. Opportunities to minimize the potential loss of wooded/forested areas will be evaluated as part of the future design process. Disturbed areas will be revegetated with species native to Minnesota, or other non-invasive species, consistent with MnDOT standard specifications in place at the time of project construction. Erosion control methods will follow MnDOT Metro District best management practices in place at the time of future project construction. I-94/Brockton Interchange Project Page C-1 Findings of Fact and Conclusion

26 COMMENT RESPONSE Minnesota Department of Natural Resources Response C: The DNR Natural Heritage Information System (NHIS) database will be reviewed, consistent with MnDOT/DNR coordination procedures, as part of future environmental reviews for the project. Response D: Comments provided by DNR staff (MnDOT Early Notification Memo DNR Response) were acknowleded in the EAW, including identification of public waters with the study area and Natural Heritage Database findings. Snowmobile trails along CSAH 81 and Brockton Lane were acknowledged in EAW Item 25. These snowmobile trails would not be impacted by the project. Project partners will continue to coordinate with DNR staff as part of future environmental reviews for the project. I-94/Brockton Interchange Project Page C-2 Findings of Fact and Conclusion

27 COMMENT RESPONSE Minnesota Department of Natural Resources THIS COLUMN INTENTIONALLY LEFT BLANK I-94/Brockton Interchange Project Page C-3 Findings of Fact and Conclusion

28 COMMENT RESPONSE Minnesota Pollution Control Agency Response A: Project partners will continue to coordinate with MPCA staff as part of future project planning and environmental reviews, and during the final design and permitting phases of the project. I-94/Brockton Interchange Project Page C-4 Findings of Fact and Conclusion

29 COMMENT RESPONSE Metropolitan Council Response A: As noted in Table 1 of the Findings of Fact and Conclusions document, a Controlled Access Approval and Highway Interchange Request will be submitted to the Metropolitan Council for review and approval prior to final design. Response B: The planned Rush Creek Regional Trail is identified in the EAW. Three Rivers Park District staff were involved in project planning activites, and project partners will continue to coordinate with Park District staff as part of future project planning and environmental reviews. Response C: As requested, preliminary plans will be sent to Scott Dentz at the Metropolitan Council Environmental Services for review and comment once the project is programmed for construction and preliminary design work is complete. Response D: Comment noted. This correction has been made within Findings of Fact and Conclusions document. I-94/Brockton Interchange Project Page C-5 Findings of Fact and Conclusion

30 COMMENT RESPONSE Three Rivers Park District Response A: The planned Rush Creek Regional Trail is identified in the EAW and will be considered as part of future environmental reviews for the project. Project partners will continue to coordinate with the Three Rivers Park District as part of future project planning and environmental reviews. I-94/Brockton Interchange Project Page C-6 Findings of Fact and Conclusion

31 COMMENT RESPONSE Sharon Jones (18240 Robinson Street, Dayton) Response A: As discussed in the EAW, the proposed Brockton Interchange Project would help improve safety by reducing the number of regional trips on local arterial roadways, including roadways within the City of Dayton. By directing regional trips to I-94 with the proposed interchange, the corresponding reduction in trips on the local system is anticipated to result in safety benefits for these non-freeway facilities. I-94/Brockton Interchange Project Page C-7 Findings of Fact and Conclusion

32 COMMENT RESPONSE Bernie Kemp (15281 Brockton Lane, Dayton) Response A: The traffic analysis completed as part of the I-94/Brockton Lane Project showed that the CSAH 81 intersection with the future local road connection to the offset interchange can operate at a level of service (LOS) D during the a.m. peak hour and at a LOS E during the p.m. peak hour (EAW Table 10 Year 2030 Intersection Analysis Results). As northwest Hennepin County continues to urbanize, additional capacity will be needed on the CSAH 81 corridor to accommodate local trips. The Hennepin County Transportation Systems Plan (2008) acknowledges that the CSAH 81 corridor in northwest Hennepin County is expected to experience significant congestion by year 2030 (based on a volume to capacity analysis). Future upgrades to CSAH 81 are identified in the Northwest Hennepin County I-94 Sub-Area Transportation Study (2008) and Hennepin County plan; however, funding has not been identified at this time. I-94/Brockton Interchange Project Page C-8 Findings of Fact and Conclusion