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II Environmental Concerns Proposed Subdivision of 3250 Fox Street fa/k/a Maxwell Bay Estates')Page! According to the Preliminary Plat drawings for the Site, each lot will be served by a private well and septic system. To accommodate home construction and access, several retaining walls are planned to be constructed along with the placement of earthen fill to level most of the lots. Storm water ponds are planned to be constructed on Lots 3 and 4. as well as within the northeastern portion of Lot 6 adjacent to a delineated wetland and the apparent tum-of-the-20'*' century stone entrance monuments. B. ENVIRONMENTAL REVIEW To detenninc potential environmental effects, ProSourcc subcontracted Environmental Data Resources. Inc. (EDR) to conduct a National Environmental Protection Act (NEPA) search. Appendix A. The NEPA search included a search of federal land data. Threatened or Endangered Species, Fish and Wildlife. Critical Habitat Data, National Register of Historic Places. National Flood Plain Data, National Wetlands Inventory Data, and FCC antenna/tower sites. ProSource also researched the available data from the Minnesota Pollution Control Agency (MPCA), the Minnesota Department of Natural Resources (MDNR). the State Historic Preservation Office (SHPO) and it discussed the project in detail with neighboring landowners and the City of Orono staff. The identified environmental effects are presented below: I. Surface Water and Water Quality Currently, the MPCA is requesting comments on its possible amendment to rules governing individual sewage treatment systems (ISTS). Minnesota Rules Chapter 7080 contains minimum standards and criteria governing ISTSs to protect surface water, ground water, and promote public health, safety, and general welfare. Specifically, the MPCA believes that some of the provisions “are outdated and need to be revised" to avoid or mitigate the potential of significant adverse environmental impacts. One significant rule change would be to require “either the local unit of government or a private inspector to verify that an adequate soil evaluation was conducted before permit issuance." In other words, further investigation of ^e soil types prior to design will be necessary. Based on the proposed MPCA rule changes and the proximity of the proposed drain fields to Lake Minnetonka, a detailed subsurface investigation must be conducted as part of the EAW to determine the unpacts of each ISTS and to avoid or mitigate the potential of significant adverse environmental impacts. 2. Fish. Wildlife and Ecologically Sensitive Resources The habitat of this proposed development includes not only pristine ihorelme but also mature hardwood forested areas. These areas provide suitable habitat for a variety of plant, animal and bird species. The proposed subdivision will lead to a significant reduction of the Site’s wildlife population. As such, the applicant must identify which species currently use the area, examine in further detail any potential effects posed by the proposed development and propose a mitigation plan to manage these impacts. For example, according to the NEPA report, the Bald Eagle was identified as a Threatened or Endangered Species within the search area. The MDNR coordinates the state’s Natural Heriuge and Non-game Research Program, which collects, manages and interprets information about non-game animals, native plants and plant communities. One of the many goals of this program is to promote sensible stewardship of the aforementioned resources. This program maintains the National Heritage Information System (NHIS), which tracks important data about the biology and distribution of rare features, including threatened and endangered resources. The NHIS provides a valuable source of ProSource Technologies, Inc.January 9,2004