Agenda - Planning Commission - 08/02/2018

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Response to Draft Scoping EAW Comments January 9, 2018 Page 4 o Avoid or minimize impacts to wetlands, o To avoid any incidental takings, avoid filling or dewatering wetlands during the winter, o Implement stringent sediment and erosion control methods, o Use wildlife -friendly erosion control methods (see links below), o Monitor for turtles during construction and report any sightings to the DNR, o Refer to the first list of recommendations in the enclosed Blanding's Turtle Fact Sheet. If greater protection for turtles is desired, the second list of recommendations can be implemented as well. The fact sheet contains specific recommendations regarding roads, utilities, and landscaping that will pertain to this project. o For specific recommendations pertaining to roads, please refer to Curb Design and Small Animals, Preventing Entanglement, & Reducing Wildlife Vehicle Collisions in Chapter One of the Minnesota Department of Transportation's Best Practices Manual: (htto://www.dnr.state.mn.us/waters/watermamt section/owoermits/ao 2004 0001 manual.html). The attached flyer that is inserted to this response memo along with the official letter from DNR should be given to all contractors working in the area. If Blanding's turtles are encountered on site, please remember that state law and rules prohibit the destruction of threatened or endangered species, except under certain prescribed conditions. If turtles are in imminent danger they must be moved by hand out of harm's way, otherwise they are to be left undisturbed. • The black sandshell (Ligumia recta), a state -listed mussel of special concern, has been documented in the Mississippi River in the vicinity of the proposed project. Mussels are particularly vulnerable to deterioration in water quality, especially increased siltation. As such, it is important that effective erosion prevention and sediment control practices be implemented and maintained near the river during construction and incorporated into any stormwater management plan. Response: The potential for impacts to state -listed threatened species and state -listed species of special concern will be assessed in the AUAR. All applicable mitigation measures will be included in the Mitigation Plan provided in the AUAR including but not limited to: 1) minimization of wetland impacts; 2) installation of mountable curb throughout the project; 3) implementation of protection measures during construction (i.e. what is to be done if a state -listed species is encountered); and 4) requiring erosion control measures to limit sedimentation. 12800 Whitewater Drive, Suite 300, Minnetonka, MN 55343 1763.476,6010 2401 46th Avenue Southeast, Suite 202, Mandan, ND 58554 1701.204.6845 www.sambatek.com