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� Attachment G � �� Minnesota Pollution Control Agency 520 Lafayette Road North � SC Paul, MN 55155-4194 � 651-296-6300 I 800-657-3864 � 651-282-5332 TTV � www.pcastate.mn.us October 29, 2010 Mr. Bill Malinen City Manager City pf Roseville 2660 Civic Center Drive Roseville, MN 55113 Dear Mr. Malinen: As you are awaze, Bituminous Roadways, Inc. has proposed and submitted permit applications for the construction of an asphalt production facility at the southeast corner of Terminal Drive and Walnut Street, within an industrial district in the city of Roseville, Minnesota. The primary elements of the proposed project include an asphalt plant, aggregate storage piles, periodic crushing operations, liquid asphalt cement storage tanks, and related material storage and handling facilities. The project was subject to the preparation of a mandatory Environmental Assessment Worksheet (EAW) with the Minnesota Pollution Control Agency (MPCA) acting as the responsible govemmental unit. An EAW was prepazed for the project and distributed for a comment period that began on July 12, 2010, and ended on September I Q 2010. Numerous comment letters were received during the EAW comment period, including a letter from the ciry of Roseville requesting the preparation of an Environmental Impact Statement. On October 11, 2010, t}ie Roseville City Council adopted an amendment of its land use ordinance that — prohibits using land zoned as "indusViaP' for asphalt plants and for crushing or recycling of aggregate materials. 7'he amended ordinance would appear to preclude the construction of an asphalt plant or aggregate crushing activities on the proposed project site. The ordinance amendment was published and became effective on October 19, 2010. Consequently, the proposed Bituminous Roadways Roseville Asphalt project, as it was described in an air quality permit application submitted to the MPCA and as it was reviewed in the EAW, appears to be prohibited by this newly enacted local law. The MPCA does not conduct environmental review on projects that are prohibited by local law or are denied by another governmental unit and has suspended work on the emironmental review and permitting of the project. If circumstances change regarding the status of permit application(s) submitted to the city or if the MPCA has not appropriately interpreted the amended ordinance, we request that you inform the MPCA. lf you have any questions or require further assistance, please contact me at 651-757-2181. Sincerely, �c� Craig Affeldt Supervisor, Environmental Review Unit SL Paul Office Regiona] Division CA:mbo � cc: Kent Peterson, President, Bituminous Roadways, Inc. Kathleeen Winters, Office of the Attomey General Kevin Kain, MPCA p-ea�-�-naf -, Equal Oppormniry Employer