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Northstar Corridor Rail Project This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp NORTHSTAR CORRIDOR RAIL PROJECT Findings of Fact and Conclusions/ Final Section 4(f) Evaluation February 23, 2006 Minnesota Department of Transportation in cooperation with the Northstar Corridor Development Authority the Metropolitan Council and the Federal Transit Administration Northstar Project Office 155 Fifth Avenue South, Suite 755 Minneapolis, MN 55401 (612) 215-8200 TABLE OF CONTENTS STATEMENT OF ISSUE...........................................................................................................................1 FINDINGS OF FACT AND CONCLUSIONS .........................................................................................1 1.0 ADMINISTRATIVE BACKGROUND........................................................................................1 2.0 PROJECT DESCRIPTION ..........................................................................................................3 3.0 CHANGES IN THE PROJECT SINCE THE EA/DRAFT 4(F) WAS RELEASED ...............4 4.0 ADDITIONS/CORRECTIONS TO THE EA/DRAFT 4(f) EVALUATION............................5 4.1 Alternative Definition…………………………………………………………………………...5 4.2 Farmlands Section........................................................................................................................5 4.3 Wetland Mitigation Plan..............................................................................................................5 5.0 SUMMARY OF COMMENTS RECEIVED ..............................................................................7 5.1 Agency Comments.......................................................................................................................7 5.2 Public Comments (presented in order received) .........................................................................7 5.3 Written Comments Received on January 25, 2006......................................................................7 5.4 Written Comments Received on January 26, 2006......................................................................8 5.5 Written Comments Received on January 30, 2006......................................................................8 5.6 Public Hearing, January 25, 2006 (in order presented at the hearing) .......................................8 5.7 Public Hearing, January 26, 2006 (in order presented at the hearing) .......................................8 5.8 Public Hearing, January 30, 2006 (in order presented at the hearing) .......................................9 6.0 DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT STATEMENT ....10 6.1 Type, Extent and Reversibility of Impacts ................................................................................10 6.2 Cumulative Potential Effects of Related or Anticipated Future Projects...................................16 6.3 Extent to Which the Environmental Effects are Subject to Mitigation by Ongoing Public Regulator Authority ...................................................................................................................16 6.4 Extent to Which to Which Environmental Effects Can Be Anticipated and Controlled as a Result of Other Environmental Studies .....................................................................................17 7.0 FINAL SECTION 4(F) EVALUATION ....................................................................................18 7.1 Introduction................................................................................................................................18 7.2 Section 4(f) Evaluation ..............................................................................................................19 8.0 CONCLUSIONS ..........................................................................................................................22 ORDER ......................................................................................................................................................23 NORTHSTAR CORRIDOR RAIL PROJECT FINDINGS OF FACT AND CONCLUSIONS/FINAL 4(F) EVALUATION February 2006 i APPENDICES Comments and Responses Press Release Distribution List/Legal Notice/EQB Notifications EA/Draft 4(f) Distribution List NORTHSTAR CORRIDOR RAIL PROJECT FINDINGS OF FACT AND CONCLUSIONS/FINAL 4(F) EVALUATION February 2006 ii Updated Tables Tables included in Appendix (Response to Comments) of the Findings of Fact and Conclusions Document Table 3.2 of EA/Draft 4(f) (Corrected) — Stations of Revised Preferred Alternative Table 3.4 of EA/Draft 4(f) — Summary of Proposed Track Improvements under the Revised Preferred Alternative Table included in Section 6.0 of the Findings of Fact and Conclusions Document Table 6.1— Agency Approvals and Permits Updated Figures Figures included in Section 4.0 of the Findings of Fact and Conclusions Document Figure 3-7 (corrected) — Big Lake Station Plan Figure 4.1 — Wetland Mitigation Plan Figures included in the Final 4(f) Evaluation Figure 7.1 — Rice Creek Trail Figure 7.2 — Potential Impacts to Rice Creek Trail Figure 7.3 — Rice Creek Regional Trail Mitigation During Construction NORTHSTAR CORRIDOR RAIL PROJECT FINDINGS OF FACT AND CONCLUSIONS/FINAL 4(F) EVALUATION February 2006 iii STATEMENT OF ISSUE Based on the information in the record, which is comprised of the EA/Draft 4(f) Evaluation, written and verbal comment received, responses to comments, and other supporting documents, the Minnesota Department of Transportation (Mn/DOT), as the Responsible Governmental Unit (RGU) makes the following Findings of Fact and Conclusions. FINDINGS OF FACT AND CONCLUSIONS 1.0 ADMINISTRATIVE BACKGROUND An Environmental Assessment (EA)/Draft 4(f) Evaluation has been prepared under 23 CFR 771.129 and 23 CFR 771.130 by Mn/DOT, the Metropolitan Council and the Northstar Corridor Development Authority (NCDA) on behalf of the United States Department of Transportation, Federal Transit Administration (FTA) to update information found in the Northstar Corridor Draft and Final Environmental Impact Statement (DEIS and FEIS), dated October 2000 and March 2002, respectively, and the Record of Decision (ROD) dated December 2002. The EA/Draft 4(f) was developed to assess the impacts of changes to the project and other circumstances in order to determine if a Supplemental Environmental Impact Statement (SEIS) for the project is needed. The FTA has the primary responsibility for the Northstar Corridor project. Mn/DOT is the project sponsor and federal grant applicant for the Northstar Corridor Rail project and works in partnership with the NCDA and the Metropolitan Council for the construction and operation of the service. The EA/Draft 4(f) was filed with the Minnesota Environmental Quality Board (EQB) on December 22, 2005 and circulated for review and comments to the state Environmental Assessment Worksheet (EAW) distribution list (see Appendix for EA/Draft 4(f) Distribution List) and other interested stakeholders within the Northstar Corridor. A “Notice of Availability” was published in the Minnesota EQB Monitor on January 2 and January 16, 2006 (correction regarding the address of the Coon Rapids public meeting). Legal notices were run in the following papers in the corridor: Becker Citizen Big Lake West Sherburne Tribune Columbia Heights Focus (Columbia Heights, Fridley) Anoka County Union (Coon Rapids) Coon Rapids Herald Elk River Star News Minneapolis Finance & Commerce Minneapolis Star Tribune A notice of availability press release was also submitted to numerous media outlets throughout the corridor (see Appendix for the Press Release Distribution list). These notices provided a brief description of the proposed changes to the project, information on where copies of the EA/Draft 4(f) Evaluation were available, dates and locations of the three public informational meetings/hearings and an invitation to the public to provide comments on the revised preferred alternative evaluated in the EA/Draft 4(f) Evaluation. In addition, a postcard mailing announcing NORTHSTAR CORRIDOR RAIL PROJECT FINDINGS OF FACT AND CONCLUSIONS/FINAL 4(F) STATEMENT February 2006 1 the three public informational meetings/hearings was sent to approximately 219,000 residents and businesses within the Northstar Corridor. The EA/Draft 4(f) Evaluation was made available for public review at the following locations: Minneapolis Northeast Library Minneapolis Technology and Science Library Columbia Heights Library Crooked Lake Branch Library Northtown Central Library Rum River Branch Library Elk River Public Library Great River Regional Library – Big Lake and St. Cloud State of Minnesota Legislative Reference Library To afford an opportunity for all interested parties, agencies, and groups to provide comments on the proposed project, Mn/DOT and its local partnering agencies, the NCDA and Met Council, hosted three open house/public hearings: January 25, 2006 in Coon Rapids; January 26, 2006 in Minneapolis; and January 30, 2006 in Big Lake, Minnesota. Each of the meetings included an informal open house period, followed by a presentation and time for official public comments. The presentation and public comments were transcribed (see appendix for each of the public hearing transcripts). Attendance, based on persons who signed in at each meeting, was as follows: Coon Rapids (January 25, 2006): 195 attendees Minneapolis (January 26, 2006): 55 attendees Big Lake (January
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