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I I. I I I I I I I Ie I I I I I I I I. I ARDEN HILLS CITY COUNCIL - ADriI 10, 1995 7 Mr. Casey noted the Environmental Policy Act has been on the books for 20 years, and through this act there is an educational and fact finding mission under Environmental Quality Board rules and state statutes. He indicated a liberal interpretation of these rules follows from the Policy Act itself. Mr. Casey indicated there are two tests he wishes to discuss, the Mandatory Testing, and the Threshold Test; an alteration of cross section of one acre or more of protected wetland. He indicated another issue is whether or not this would fit the category of where there would be a potential for significant environmental effects. Mr. Casey implied the City Administrator Mr. Fritsinger may have misquoted the law, he indicated the law states: "...it ~ be done, (EA W) if you find that there may be a potential for significant environmental effects", it is not a ~ but a shall. Mr. Casey addressed the Threshold Test; whether or not a cross section ofland or lake is effected. He noted a wetland map indicated three wetland areas. He approached the Council and identified the area he referenced. He indicated unless the City has identified the wetland as exempt, those areas are protected under the Wetlands Conservation Act. Mr. Casey indicated the developer admits to changing the course and cross section of the wetlands. The DNR has received an Engineering Application from the developer, which indicated the site drainage would be outletted to the lake at velocity, and would impact the protected water. Mr. Casey indicated wetlands to the west may also be effected due to change oftopography during development. Mr, Casey encouraged individuals to add to testimony already given regarding potential environmental effects, and he would comment later. Mr. Mark Chapin, 3947 Rolling Hills Road, indicated he would like to add three items in regards to environmental effects that he believed had not already been mentioned. Mr. Chapin indicated he would like to provide three additional documents for the record. First he indicated he had a Minnesota Geological Survey Plate from 1992. He stated this identifies the wetland to the west of the proposed development as an area which has a high sensitivity to pollution. 1bis means the estimated travel time for water going from contaminants at the land surface to reach the water table systems are within hours to months, Mr, Chapin also he indicated he had two letters from Ramsey County, one letter dated April 5, 1995 addressed to Mr. Fritsinger from Gregory Mack, which indicates the easement on the property is an interest the County owns and wishes the City to respect this in regards to the development. He indicated the second letter was mentioned at the Council meeting of March 27 and states the interest