st. croix river crossing project … impact statement (ais) in appendix a of this sfeis for...

ST. CROIX RIVER CROSSING PROJECT SUPPLEMENTAL FINAL EIS CHAPTER 15

ADVERSE IMPACTS THAT CANNOT BE AVOIDED RELATIONSHIP OF LOCAL SHORT-TERM USES VERSUS

LONG-TERM PRODUCTIVITY IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES

PREFERRED ALTERNATIVE MITIGATION PACKAGE

15.0 INTRODUCTION The 2004 Supplemental Draft Environmental Impact Statement (SDEIS) is incorporated by reference and is considered to be part of this Supplemental Final EIS (SFEIS). This chapter documents the adverse environmental impacts of the Preferred Alternative that cannot be avoided; the relationship between short-term use of the environment and the maintenance and enhancement of long-term productivity; and irreversible and irretrievable commitment of resources. This chapter is not intended to repeat the environmental impacts of the Preferred Alternative discussed in the previous chapters, but rather to summarize the impacts that cannot be avoided as required under 40 CFR, Part 1502.16. The Preferred Alternative mitigation package is included in Section 15.4 of this SFEIS.

15.1 ADVERSE IMPACTS ASSOCIATED WITH THE PREFERRED ALTERNATIVE THAT CANNOT BE AVOIDED

15.1.1 Information from the SDEIS that Remains Unchanged The information presented in Chapter 14 of the SDEIS regarding adverse impacts that cannot be avoided has remained unchanged. 15.1.2 Changes in the Setting or Technical Analysis Since the SDEIS Changes in the setting and technical analysis with respect to the Preferred Alternative for TH 36 (TH 5 to Osgood Avenue) are discussed in relevant chapters of this SFEIS. Other information has been completed since the SDEIS. An air toxics analysis has been carried out (see Chapter 8 of this SFEIS); the Agricultural Impact Statement has been completed (see Appendix A of this SFEIS); the Biological Opinion has been completed by the U.S. Fish and Wildlife Service (see Appendix C of this SFEIS); the Draft Section 7(a) Evaluation has been completed by the National Park Service (see Appendix F of this SFEIS); the identification of historic properties, evaluation and mitigation for adverse effects has been completed and documented in an Amended Section 106 MOA (see Chapter 11 and Appendix G of this SFEIS); and memoranda of understanding have been developed to document the details regarding the implementation of mitigation items, as well as funding mechanisms and administrative oversight (see Section 15.4.1 of this SFEIS). This information has informed the various chapters in this SFEIS and the discussion of impacts in this chapter.

JUNE 2006 St. Croix River Crossing Project 15 - 1 Supplemental Final EIS

There have been no other changes to the setting or technical analysis regarding adverse impacts that cannot be avoided since release of the SDEIS. 15.1.3 Preferred Alternative Adverse Impacts that Cannot be Avoided The Preferred Alternative adverse impacts that cannot be avoided are discussed throughout this SFEIS and are summarized below. Right-of-Way Acquisitions and Relocation Minnesota and Wisconsin households and businesses would be relocated due to right-of-way acquisition needed for the Preferred Alternative. Property owners and occupants would experience unavoidable inconvenience as a result of relocation. The number of additional single-family residential properties to be relocated due to right-of-way acquisition for the Preferred Alternative from the western project terminus (TH 5 in Minnesota) to the eastern project terminus (150th Street in Wisconsin) is 6 properties. Of this total, 3 additional single-family residential properties would be relocated in Minnesota and 3 additional single-family residential properties would be relocated in Wisconsin. One vacant residential lot would also be acquired in Minnesota. This is reduced from 10 residential properties presented for the Preferred Alternative (Alternative B-1a) in the SDEIS (see Section 14.1.1 of the SDEIS). Additional partial acquisitions would also be necessary as described in Chapter 5 of this SFEIS. The Preferred Alternative utilizes previously-acquired right-of-way from the 1995 FEIS Preferred Alternative. A total of 61 single-family and 4 multi-family residences were acquired in Minnesota for the 1995 FEIS Preferred Alternative. No residences were acquired in Wisconsin for the 1995 FEIS Preferred Alternative. One commercial property would need to be acquired for the Preferred Alternative in Minnesota. One commercial property would also need to be acquired for the Preferred Alternative in Wisconsin. Four commercial properties were previously acquired for the 1995 FEIS Preferred Alternative in Minnesota. This is reduced from 19 commercial properties presented for the Preferred Alternative (Alternative B-1a) in the SDEIS (see Section 14.1.1 of the SDEIS). See Chapter 5 of this SFEIS for additional discussion of partial acquisitions from commercial property and commercial business impacts. Two-hundred seventy eight (278) acres of right-of-way will be required for the Preferred Alternative.1 Approximately 89 acres will be required in Minnesota (74 acres were previous acquired for the 1995 FEIS Preferred Alternative; 15 additional acres will be acquired for the Preferred Alternative) and approximately 189 acres will be required in Wisconsin (90 acres were previously acquired for the 1995 FEIS Preferred Alternative; 99 additional acres will be acquired for the Preferred Alternative).


1 Includes right-of-way previously acquired for the 1995 FEIS Preferred Alternative.

Farmland Due to the agricultural nature of the project area on the Wisconsin side of the St. Croix River, the Preferred Alternative will result in the conversion of farmland to roadway use. The Preferred Alternative would affect an estimated 140 acres of the 310,178 acres of land in farms2 within St. Croix County, or approximately 0.04 percent. Fourteen landowners are affected. The Preferred Alternative will divide several fields, primarily south of existing CTH E and near the existing STH 35/64 roadway northeast of Houlton. The field severances are both parallel to field edges and diagonally through parcels. Refer to Section 6.3.1.3 of this SFEIS and the Agricultural Impact Statement (AIS) in Appendix A of this SFEIS for additional discussion of impacts to farmland. Parkland/Recreational Areas The Preferred Alternative may require temporary use of land from the Stillwater Municipal Barge Facility property (the site of a future city park) for road and bridge construction. The site may be used as a staging area during bridge and road construction. The Preferred Alternative will impact approximately 1.4 acres of the site for the construction of a park access road at the south end of the property; the construction of this road is consistent with the park master plan. The Preferred Alternative mitigation items will also result in temporary construction impacts to the Stillwater Municipal Barge Facility property as discussed in Section 15.4.1 of this SFEIS. Construction of the Preferred Alternative river crossing will not require the use of land from Kolliner Park. Implementation of the Preferred Alternative mitigation items will result in temporary construction impacts to Kolliner Park. Conversion of the Lift Bridge to a pedestrian/bicycle facility and removal of the existing STH 64 approach to the Lift Bridge will eliminate vehicular access by the general public to Kolliner Park. Impacts to Kolliner Park as a result of Preferred Alternative mitigation items are discussed in Section 15.4.1 of this SFEIS. Both the Stillwater Municipal Barge Facility property and Kolliner Park are owned by Stillwater. Chapter 1, Article 16 of the Stillwater City Code requires a review process and public hearing for substantial changes or alterations to Stillwater-owned land. Refer to Section 16.2.2.3 of this SFEIS for additional discussion regarding compliance with Stillwater City Code. Lower St. Croix National Scenic Riverway The Preferred Alternative will result in adverse visual and recreational impacts on the Lower St. Croix National Scenic Riverway with construction of a new river crossing. Several measures are included to mitigate the impacts of the Preferred Alternative on the St. Croix River and the river valley (see Section 15.4 of this SFEIS).


2 2002 Census of Agriculture (USDA, National Agricultural Statistics Service). Acreage designated as land in farms consists primarily of land used for crops, pasture, or grazing.

A copy of the Draft NPS Section 7(a) Evaluation is included as Appendix F with this SFEIS. The NPS determined in their Draft Section 7(a) Evaluation that the Preferred Alternative river crossing, when considered with the Preferred Alternative mitigation package, would not have a direct and adverse effect on the scenic and recreational values for which the Riverway was included in the National Wild and Scenic Rivers System. However, this finding is contingent upon measures identified in the Draft Section 7(a) Evaluation (see Sections VII and IIX of the Draft Section 7(a) Evaluation in Appendix F of this SFEIS) being incorporated into the project to ensure that the mitigation package remains intact into perpetuity. Visual Construction of the Preferred Alternative would cause an adverse impact on the existing visual setting of the project area. Visual impacts of the Preferred Alternative river crossing cannot be avoided. Noise The Preferred Alternative will result in year 2030 noise levels exceeding Minnesota daytime and nighttime state noise standards at several locations in the Minnesota portion of the project area. In Wisconsin, the Preferred Alternative will also result in noise levels that exceed the state definition of “noise impact” at three locations along the project corridor. Refer to Section 8.2 of this SFEIS for a discussion of noise levels along the project corridor. An analysis was done to evaluate the reasonableness of noise mitigation (i.e. installation of noise abatement barriers), in accordance with Mn/DOT policy and Wisconsin Administrative Code Chapter Trans 405. It is Mn/DOT’s noise mitigation policy that, for construction of a noise barrier to be considered reasonable, it must provide receptors a minimum 5 dBA reduction and must have cost-effectiveness that does not exceed $3,250/dBA/residence. None of the analyzed locations in Minnesota met both of the reasonableness criteria. Wisconsin Administrative Code Chapter Trans 405 mandates that construction of noise barriers must reduce noise levels by 8 dBA at a cost of $30,000 per dwelling unit or less to be considered reasonable. None of the analyzed locations in Wisconsin met the requirements of Trans 405. Peak-hour traffic noise levels from the Preferred Alternative river crossing bridge will approach or exceed federal noise abatement criteria (70 dBA) at the river level directly below the bridge, continuing to a distance approximately 200 feet north and south of the bridge centerline. Mitigation of noise impacts on the St. Croix River through the installation of noise walls or other structures is not proposed for the Preferred Alternative due to the negative impact these structures would have on the views to and from the river. Protected Species The Preferred Alternative will result in disruption of the river habitat of the Higgins eye pearly mussel (Lampsilis higginsi); however the USFWS has concluded that the project is not likely to jeopardize the continued existence of this federally-endangered species. Mussels will be relocated prior to river crossing construction.


The project is unlikely to adversely affect the winged mapleleaf mussel (Quadrula fragosa), a federally-endangered species. Potential introduction of the exotic invasive zebra mussel by construction barges and equipment would be reduced through decontamination protocols. An active bald eagle (Haliaeetus leucocephalus) nest within the project area is avoided by the Preferred Alternative. Measures will be taken during construction to reduce impacts to nesting activities. Other species of concern include nesting swallows, osprey and peregrine falcon. Nesting swallows are located on the Lift Bridge, while an active peregrine falcon nest is located on the exhaust stack of the Xcel King Power Plant. No impacts are anticipated to either species with construction of the Preferred Alternative. An active osprey nest is located on the barge off-loading facility at the Xcel King Power Plant. Xcel Energy will move the osprey nesting platform to a new location in the general area during the non-nesting season prior to the removal of the barge off-loading facility (see Section 15.4.1.2. of this SFEIS). It is anticipated that the osprey will follow and re-establish a nest at the new location. Dotted blazing star (Liatris punctata var. nebraskiana), a Wisconsin state-endangered plant species, has been identified along the Wisconsin bluff in the project area. Field surveys for dotted blazing star will be performed prior to construction and mitigation measures such as relocation will be completed. Refer to Chapter 9 of this SFEIS for additional discussion of impacts and mitigation related to protected species. Vegetation The Preferred Alternative will require the removal of some trees and vegetation on the river bluffs and other areas due to bridge, interchange, and approach roadway construction, resulting in the overall loss of these resources within the study area. Floodplains Preferred Alternative construction will result in fill in the floodplains along the St. Croix River. The Preferred Alternative will result in approximately 900 feet of longitudinal encroachment in Minnesota and none in Wisconsin. The loop trail mitigation item will result in approximately 2,700 feet of longitudinal encroachment along the Minnesota shoreline. Stormwater ponds for the Preferred Alternative will also be partially located within the 100-year floodplain. No potential for interruption of a transportation facility will result from the Preferred Alternative because all roadway grade elevations will be above the 100-year floodplain elevation. No substantial impacts on natural and beneficial floodplain values is anticipated with the Preferred Alternative. No increase in flooding, change in river profile, or increase in the 100-year and 500-year floodplain elevations is expected as a result of the Preferred Alternative, and no incompatible floodplain development would result from the Preferred Alternative. JUNE 2006 St. Croix River Crossing Project 15 - 5 Supplemental Final EIS

Wetlands The Preferred Alternative will affect 7.71 acres of wetland area. Refer to Chapter 10 of this SFEIS for a discussion of wetland areas and Preferred Alternative impacts. Complete avoidance of wetlands with the Preferred Alternative is not possible due to several factors, including roadway safety, design standards, avoidance of other resources or physical barriers, and the need to provide roadway access points and realignments. Archaeological and Historic Resources The Preferred Alternative will have an adverse effect on 7 historic resources within the project area. These historic resources are listed below. A detailed discussion of these properties is included in Chapter 11 of the SDEIS and this SFEIS. • Log Cabin Restaurant

• Bergstein Shoddy Mill

• St. Croix Overlook-South

• Hersey and Bean Archaeological Site (in South Main Street Archaeological District)

• Stillwater Lift Bridge

• Stillwater Commercial Historic District

• Stillwater Cultural Landscape District Mitigation measures for adverse effects to historic resources are described in detail in the Amended Section 106 Memorandum of Agreement (MOA). Refer to Appendix G of this SFEIS for the Amended Section 106 MOA. Construction The Preferred Alternative will result in unavoidable temporary construction impacts on the environment due to necessary construction activities. A summary of these impacts is provided in Section 15.1.12 of the SDEIS. 15.1.4 Preferred Alternative Mitigation Measures Each property acquired and owner relocated, including farmowners, will be compensated for acquisition and/or relocation costs according to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (as amended) (49 CFR Part 24). The Visual Quality Planning Process and Visual Quality Manual are discussed in Section 7.4.3 of this SFEIS. Additional funds beyond the standard amount for aesthetic enhancements will be allocated to mitigate for the visual impacts of the proposed project.


Noise mitigation is discussed in Chapter 8 of this SFEIS. Noise barriers are not considered reasonable at any location in the Minnesota and Wisconsin portions of the project area and will not be constructed. Impacts to protected mussel species will be mitigated by relocation of individuals of these species in the project area to another suitable habitat location within the St. Croix River. Refer to Chapter 9 and the Biological Opinion in Appendix C for additional discussion of mussel relocation. It is not possible to replace all trees and vegetation lost to the construction of the Preferred Alternative. However, efforts to minimize these losses will be made through design modifications and revegetation. The use of native plant materials will be implemented where appropriate and practicable. Revegetation will also occur where excess pavement is removed along the STH 64 approach roadway to the Lift Bridge, along CTH E between the STH 64 approach roadway and State Street on the Wisconsin bluff, and in Kolliner Park with restoration of the park to a natural state. Impacts on Minnesota wetlands will be mitigated in accordance with U.S. Corps of Engineers and Wetland Conservation Act requirements. Impacts on Wisconsin wetlands will be mitigated in accordance with U.S. Corps of Engineers and WisDNR wetland mitigation requirements. Refer to Section 10.5.4 of this SFEIS for a discussion of wetland mitigation. A mitigation package, consistent with the level of impacts, has been compiled to offset these unavoidable impacts to the Lower St. Croix National Scenic Riverway, parklands, and historic resources. The mitigation items identified below in Section 15.4 are intended to replace or compensate for impacts that cannot be avoided or minimized while still meeting the project objectives. 15.2 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES The Preferred Alternative would result in the commitment of natural, physical, human, and fiscal resources that would be permanently dedicated to public use, and could not be reversed or retrieved. 15.2.1 Information from the SDEIS that Remains Unchanged Information regarding irreversible and irretrievable commitment of resources, discussed in Section 14.3 of the SDEIS, remains unchanged. The Preferred Alternative will result in the commitment of a range of land resources, natural resources, and financial resources. 15.2.2 Changes in the Setting or Technical Analysis Since the SDEIS Changes in the setting and technical analysis with respect to the Preferred Alternative TH 36 improvements are discussed in relevant chapters of this SFEIS. In general, the Preferred Alternative TH 36 impacts are reduced compared to the alternatives presented in the SDEIS.


There have been no other changes to the setting or technical analysis regarding adverse impacts that cannot be avoided since release of the SDEIS. 15.2.3 Preferred Alternative Impacts Commitment of Land Resources The Preferred Alternative would require the acquisition of undeveloped and developed land for purposes of roadway construction or construction of ancillary facilities. Within the foreseeable future, this commitment of property to roadway use is considered irreversible and irretrievable as long as the facility continues to serve the public good. Commitment of Natural and Material Resources The energy and labor required to plan, design, manufacture materials, and construct the approach roads, bridge, and interchanges for the proposed project would, for the most part, be irretrievable. The use of fossil fuels, water, and construction materials (i.e., steel, cement, aggregate, and bituminous) required by the proposed project renders these materials largely irretrievable. However, none of these materials is in short supply and their use would not have an adverse effect upon continued availability of these resources. In addition, some of these materials may have salvage value and may be recycled at the end of the facility’s design life. The commitment of these natural and material resources is based on the idea that highway users and non-users in the immediate area, region, and the two states would benefit directly and/or indirectly from the improved quality of this proposed transportation system. These benefits would include improved accessibility and safety, savings in time, and greater availability of quality services, which are anticipated to outweigh the commitment of these resources. Commitment of Financial Resources A cost estimate review concluded that the project cost range, for 10 percent to 90 percent probability, is $299 million to $334 million dollars (year 2004 dollars). When project risks were considered, and a 100 percent bid probability, the project cost estimate approached $373 million (year 2004 dollars) Refer to Section 3.5 of this SFEIS for additional information on the cost estimate for the Preferred Alternative. Potential mitigation items identified below in Section 15.4 of this SFEIS are included in the $299 million to $334 million (year 2004 dollars) estimate. Property purchased as part of the 1995 Final EIS Preferred Alternative is not included in this cost. The items and activities included in this estimate for the Preferred Alternative are identified in Chapter 3 of this SFEIS. Construction activities for the Preferred Alternative would require considerable amounts of federal, state, and local financial commitments. While these public funds are not directly retrievable, the money spent should be considered a long-term investment in the economic vitality of the region.


Conclusions The commitment of these resources is based on the concept that residents in the immediate area, state, and region will benefit by the improved quality of the transportation system. These benefits will consist of improved accessibility, safety, mobility, and savings in time, and are anticipated to outweigh the commitment of these resources. 15.2.4 Mitigation Measures Mitigation measures for these impacts are discussed elsewhere in this chapter and throughout this SFEIS. 15.3 RELATIONSHIP OF LOCAL SHORT-TERM USES VERSUS LONG-TERM

PRODUCTIVITY In general, the commitment of resources that are considered irreversible and irretrievable relates to the trade-offs inherent in the local short-term use of the environment versus the maintenance of long-term human productivity for the local area, region, and the two states. Each of the resource areas discussed under Section 15.2 (Irreversible and Irretrievable Commitment of Resources) of this SFEIS is addressed as follows in terms of their effect upon long-term productivity. 15.3.1 Information from the SDEIS that Remains Unchanged Information discussed in Section 14.4 of the SDEIS remains unchanged regarding the relationship of local short-term uses versus long-term productivity. 15.3.2 Changes in the Setting or Technical Analysis Since the SDEIS Changes in the setting and technical analysis with respect to the Preferred Alternative TH 36 improvements are discussed in relevant chapters of this SFEIS. There have been no other changes to the setting or technical analysis regarding adverse impacts that cannot be avoided since release of the SDEIS. 15.3.3 Preferred Alternative Impacts Land Resources The Preferred Alternative will require the commitment of land that will be unavailable for other future uses. The built resources now occupying the land that will be acquired for the Preferred Alternative river crossing, approach roadways, and interchanges will be removed and provide no further social or economic benefits to the communities. However, these impacts, which are consistent with local plans, will be outweighed by the long-term transportation service and efficiency benefits offered by the proposed project. JUNE 2006 St. Croix River Crossing Project 15 - 9 Supplemental Final EIS

Natural and Material Resources The Preferred Alternative will require the use of natural and material resources during construction activities. Although the energy and materials consumed during the initial construction of the Preferred Alternative would be higher than those consumed by the No-Build Alternative, the long-term benefits of the Preferred Alternative, including increased transportation efficiency, would out-weigh the short-term, adverse construction impacts. Financial Resources Financial commitments for the Preferred Alternative will include acquisition and relocation costs, construction costs, and mitigation costs. These state and federal tax dollars would not be available for other uses. The land converted to roadway and bridge use would result in a reduction in tax base. However, these economic costs could be recovered through more efficient travel, reduced user costs, and an increase in the overall tax base due to the improved accessibility to developable land. Conclusions The local short-term impacts and use of resources by the proposed action is consistent with the maintenance and enhancement of long-term productivity for the two states and local areas. 15.3.4 Mitigation Measures Mitigation measures for these impacts are discussed elsewhere in this chapter and throughout this SFEIS. 15.4 PREFERRED ALTERNATIVE MITIGATION PACKAGE Mitigation, as defined by the Council on Environmental Quality, includes avoidance and minimization of project impacts first. These sequencing efforts to avoid or minimize potential impacts from the project are discussed throughout this SFEIS. Unavoidable impacts of the Preferred Alternative are discussed in Section 15.1 of this SFEIS. FHWA’s mitigation responsibilities and mitigation guidelines established for the St. Croix River Crossing Project were discussed in Section 14.2 of the SDEIS. The following is a summary of avoidance and minimization measures addressed during the Preferred Alternative development and analysis process.


TABLE 15-1 SUMMARY OF PREFERRED ALTERNATIVE AVOIDANCE AND/OR MINIMIZATION MEASURES

Item Avoidance and/or Minimization Measure Social • Commercial acquisitions • Implementation of TH 36 at-grade improvements in the TH 5 to

Osgood segment, approved with 1995 FEIS Preferred Alternative. • Residential acquisitions • Use of previously acquired right-of-way in lower Oak Park Heights

and Town of St. Joseph. • Farm acquisition • Redesign of loop trail system and ponding locations to avoid

acquisition of active farm operation on STH 35. • Parklands • Identification of Preferred Alternative river crossing; avoids

acquisition of parklands (Lowell Park; Stillwater Municipal Barge Facility property; Kolliner Park).

• Recreation amenities • Avoidance of sensitive cultural resources with loop trail system design.

• Grades on loop trail designed to minimize Wisconsin bluff cut. • Riverway recreation • Identification of extradosed bridge type to reduce number of piers in

river. • Indirect effects • Refer to Chapter 13 of this SFEIS. Natural Resources

• Bald eagle nest site • Design of Preferred Alternative to avoid bald eagle nest. • Mussels • Final design of Preferred Alternative river crossing to span 200-foot

shelf of mussel habitat along Wisconsin shoreline to extent feasible. • Drainage design along Wisconsin bluff to avoid stormwater

discharge to river at mussel beds. • Vegetation • Preferred Alternative avoids woodlands east and south of existing

STH 35/64. • Complete avoidance of vegetation along Wisconsin bluff not

possible; bridge design anticipated to span bluff face to minimize vegetation impacts; refer to Section 15.1.4 of this SFEIS.

• Wetlands • Complete avoidance of wetlands not possible. • Design measures such as designing road profiles as low as possible

and designing inslopes beyond the required clear zone as steeply as practicable to minimize wetland impacts (see Section 10.5.4.1 of this SFEIS).


TABLE 15-1 continued SUMMARY OF PREFERRED ALTERNATIVE AVOIDANCE AND/OR MINIMIZATION MEASURES

Item Avoidance and/or Minimization Measure Natural Resources (continued) • Floodplains • Preferred Alternative has least floodplain impact of Build

Alternatives considered in SDEIS. • Final design of Preferred Alternative to minimize fill in floodplains

to extent possible.

• Riverway • Identification of extradosed bridge type to reduce number of piers in river.

• Water quality • Drainage design (detention basins, ditches) to provide water quality treatment.

• Minnesota bluff • TH 36/95 interchange located to avoid bluff impacts. • Wisconsin bluff • Preferred Alternative alignment within an existing ravine to

minimize bluff cut activities. • Design of Preferred Alternative river crossing to land near the

bluffline to minimize bluff impacts. • Design of roadway and loop trail alignments and profiles to avoid

bluff impacts. • Drainage design in Wisconsin to maximize pond retention and

infiltration at top of bluff to minimize bluff impacts from drainage systems.

• Final design of extradosed bridge type to span Wisconsin bluff face to the extent feasible.

Historic Resources • Lift Bridge • Conversion to bicycle/pedestrian facility preserves bridge structure. • Stillwater Commercial Historic

District • Identification of Preferred Alternative river crossing; located south

of downtown Stillwater and Stillwater Commercial Historic District. • Stillwater Cultural Landscape

District • Identification of Preferred Alternative river crossing; located south

of Stillwater Cultural Landscape District. • Hersey and Bean site • Design of loop trail to avoid impacts to site. Visual Impacts • Bridge type selection • Identification of extradosed bridge type to balance impacts to

Riverway with visual impacts of a new river crossing. • Design of extradosed bridge type (i.e., balance with surrounding

environment) to minimize visual impacts of new river crossing. The following describes additional measures to avoid and minimize potential impacts as a result of the Preferred Alternative. Context Sensitive Design Approach The St. Croix River Crossing Project was developed using a collaborative interdisciplinary approach that involved all stakeholders. This approach balanced three elements: the project’s “fit” within the physical setting; preservation of scenic, aesthetic, historic, and natural environmental resources; and safety and mobility improvements.


Transit Feasibility Study On December 13, 2004, a St. Croix Valley land use/transit workshop was held at the Washington County Government Center in Stillwater, Minnesota. This workshop was hosted by the University of Minnesota Center for Transportation Studies (CTS) and Mn/DOT. In attendance at the workshop were representatives from FHWA, Mn/DOT, WisDOT, other interested state agencies, Metropolitan Council and Metro Transit, county and local governments in Minnesota and Wisconsin as well as interested Stakeholder Group members. National transportation and land use experts were also present at the workshop. This workshop was recommended during the scoping phase of the project, which determined that Transportation System Management/Transportation Demand Management (TSM/TDM) strategies alone could not meet the purpose and need of the project, but that a viable transit market may be present in the project area. The workshop consisted of presentations by local and regional experts who presented background information regarding the relationship between land use (development) and transportation (travel demand) as well as existing and anticipated future development plans for the Twin Cities metropolitan area as a whole, and St. Croix County, Wisconsin, in particular. The panel of national experts then responded to the information presented. These presentations were followed by breakout sessions discussing: regional land use, transportation and growth issues; and potential transit, pricing and demand management options. Results of these discussions were presented to the group as a whole, and responses were provided by the expert panel. A summary of the workshop is available for review on the project website. 3 Following on the recommendations of that workshop, Mn/DOT, in cooperation with the Metropolitan Council, will conduct a transit feasibility study to determine transit goals and objectives and examine potential transit markets (including non-traditional transit services) in western Wisconsin. The study will also examine operations/maintenance strategies, institutional impediments and potential funding sources. The Transit Feasibility Study would potentially identify transit opportunities that preserve transportation capacity on existing river crossings and avoid or delay additional future impacts to the St. Croix River resulting from expansion of existing crossings. The following items should be considered in developing the scope for the Transit Feasibility Study. 1. Evaluate potential institutional impediments for operation transit services across independent

autonomous jurisdictions. Describe models of border states in the US where these impediments have been overcome. Describe what institutional arrangements were put in place. Identify potential options for establishing an authority for transit service in western Wisconsin. Discuss the administrative, legal, financial and political benefits and drawbacks of each option. What might be the role of a public-private transit coalition?


3 The meeting summary is available for review on the project website at http://www.dot.state.mn.us/metro/projects/stcroix/documents2b.html

2. Identify a structure for collaborative discussions on transit management, involving the appropriate agencies in Wisconsin and Minnesota, based on an examination of best practices. Identify institutional impediments to effective and comprehensive joint planning and potential strategies to overcome these impediments.

3. In consultation with a study oversight team, identify possible goals and objectives for transit

service in western Wisconsin including basic mobility needs, work-related trips within western Wisconsin, work-related trips to the Twin Cities metropolitan area, and non-work trips.

4. Examine the short-, medium and long-term feasibility for transit in the St. Croix Valley given

current and future growth expectations. Verify or revise previous projections of 7,800 riders per day as identified in the St. Croix River Crossing scoping process.

5. Describe proven steps that can be taken to improve the attractiveness and demand for transit. For example:

• Park and ride availability

• Bicycle and walk access and facilities

• Promotional free rides, passes and redeemable coupons

• Attractive transit stations

• Incorporation of ancillary transit-friendly uses, such as daycare services, dry cleaning and grocery stores

6. Evaluate the implementation of non-traditional transit services that are more aligned with current low-density development pattern and diverse origin-destination travel desires. The analysis should include a variety of flexible transit/paratransit services, such as:

• Shared-ride taxi

• Car-sharing

• Demand-responsive

• Route deviation

• Fixed route with route deviation

• Other.

7. Analyze level of transit service in peak and off-peak periods; geographic coverage, estimated demand, estimated capital and operation costs, estimated fares and subsidies.

8. Clearly identify, in each state, how transit is funded for site-specific services at the local,

state, and federal levels.


15.4.1 Preferred Alternative Mitigation Items The Preferred Alternative mitigation package includes non-design items to address impacts to the St. Croix Riverway and historic resources. The Preferred Alternative mitigation package was developed with input from federal and state government resource agencies and Stakeholder Group members. Standard practice mitigation items are also identified in the mitigation package (see Section 15.4.1.1 of this SFEIS below). Since publication of the SDEIS, a cooperative agreement process was developed to further define the implementation of the Preferred Alternative mitigation items, and involved input from members of the Stakeholder Group. Stakeholder members involved in this process are identified in Section 16.1.4 of this SFEIS. Through this cooperative process, changes to the Preferred Alternative mitigation package were identified, which ultimately led to an additional set of mitigation items to improve the protection and enhancement of the area’s natural, cultural, and historic resources. Details regarding the implementation of these mitigation items as well as funding mechanisms and administrative oversight were documented in two agreements titled: 1) Memorandum of Understanding for the Implementation of Riverway Mitigation Items (Riverway MOU); and 2) Memorandum of Understanding for the Implementation of Growth Management Items (Growth Management MOU). Signed copies of the Riverway MOU and Growth Management MOU are included in Appendices H and I, respectively, of this SFEIS. The following sections of this SFEIS describe the Preferred Alternative mitigation items; these items are also documented in the Riverway MOU and Growth Management MOU. Table 15-2 provides a summary overview of the Preferred Alternative mitigation package and includes: mitigation dollar amounts to be provided by the transportation agencies (FHWA; Mn/DOT; WisDOT); the agency or agencies responsible for implementation of the mitigation item; the schedule for implementation; and the contract or agreement necessary for execution of the mitigation item. Graphics illustrating the timing of implementation for the Preferred Alternative mitigation items are included at the end of this chapter (see Figures 15-9a through 15-9d). In these four graphics, FHWA authorization of funding typically occurs 18 weeks prior to project letting. Project plans and specifications are then made available to interested contractors so they can bid on the contract. Letting is defined as the date at which all contractor bids submitted for the construction are opened. Construction is defined as the date at which actual construction activities (e.g., earthwork; bridge construction; road construction; etc.) have been started. As per 23 CFR 771.109, it shall be the responsibility of the Departments of Transportation, in cooperation with the FHWA, to implement the mitigation measures stated as commitments in this SFEIS. The FHWA will assure that this is accomplished as a part of its program management responsibilities that include reviews of designs, plans, specifications, and estimates (PS&E), and construction inspections. In addition, these mitigation measures will be set forth in the Record of Decision for the St. Croix River Crossing project. Per Part 1505.3 of the


“Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act,” FHWA shall include appropriate conditions, including mitigation measures and monitoring and enforcement programs; in grants, permits or other approvals. The Mn/DOT, WisDOT and FHWA each acknowledge that: "pursuant to generally recognized principles of administrative law, agencies will be held accountable for preparing Records of Decision that conform to the decisions actually made and for carrying out the actions set forth in the Records of Decision. This is based on the principle that an agency must comply with its own decisions and regulations once they are adopted. Thus the terms of a Record of Decision are enforceable by agencies and private parties. A Record of Decision can be used to compel compliance with or execution of the mitigation measures identified therein” (Question 34d, Forty Most Asked Questions about NEPA, 46 Federal Register 18026, March 23, 1981). The above agencies understand and acknowledge that, among other things, this means that private parties, including non-governmental organizations, have standing to seek judicial enforcement of the mitigation measures described in the Record of Decision for this project. 15.4.1.1 Standard Practice Mitigation Items The following are standard practice mitigation items and are discussed elsewhere in this SFEIS. These items include: • Wetland replacement (see Section 10.5 of this SFEIS); • Zebra mussel decontamination protocol used during construction (see Section 9.1.4.1 and

Biological Opinion in Appendix C of this SFEIS); • Mussel relocation and Dotted Blazing Star relocation (see Sections 9.1.4.1 and 9.3.4 and

Biological Opinion in Appendix C of this SFEIS); and • Erosion control/turf establishment (see Section 12.4 of this SFEIS). 15.4.1.2 Riverway Mitigation Items Numerous non-design mitigation items were proposed in the SDEIS to address impacts to the Lower St. Croix Riverway (see Section 14.2.1.1 of the SDEIS). From this list of potential riverway mitigation items proposed in the SDEIS, a mitigation package has been developed appropriate to the level of impacts of the Preferred Alternative. Figure 15-1 illustrates the location of each Riverway mitigation item, where appropriate, in relation to the Preferred Alternative river crossing.


TABLE 15-2ST. CROIX RIVER CROSSING PROJECTSUMMARY OF PREFERRED ALTERNATIVE MITIGATION ITEMS

Estimated Proposed Mitigation Package (1) Agency Responsible (2)

Implementation Schedule (3) Contract/Agreement

Wetland replacement Applicable Mn/DOT, WisDOT, FHWA During construction Construction contractZebra mussel decontamination protocol used during construction Applicable Mn/DOT, WisDOT, FHWA During construction Construction contractMussel relocation/Dotted Blazing Star relocation (4) $50,000 Mn/DOT, WisDOT, FHWA Prior to construction Construction contractErosion control/turf establishment Applicable Mn/DOT, WisDOT, FHWA During construction Construction contract

Removal of Xcel barge unloading facility and mooring cells $1,100,000 Mn/DOT, WisDOT, FHWA During construction MOU between Mn/DOT and XcelMitigation for damages to blufflands

- Land protection by WDNR and/or local governments through purchase, transfer or easements $4,500,000 WisDNR, St. Croix County Prior to constructionJoint powers agreements between Mn/DOT, WisDNR and St. Croix County

Bluffland restoration – removal of Buckhorn sign, partial restoration of Wisconsin approach (removal of pavement from east end of bridge to STH 35 and portions of CTH E) $60,000 Mn/DOT, WisDOT, FHWA During construction Construction contract

Removal of Terra Terminal building including solid waste removal $100,000 Mn/DOT, WisDOT, FHWA Prior to construction Construction contract

Kolliner Park: removal of non-historic elements to allow reversion to “natural state” $6,000 Mn/DOT, WisDOT, FHWA and SHPOs During construction Construction contract

Riverway interpretation (kiosks for interpretation of natural/cultural resources) $300,000 NPS, MnDNR, WisDNR - consultation with SHPOs After construction

Joint Powers Agreement with Mn/DOT and NPS (lead agency)

Public boat access (locational study, environmental study and wetland mitigation by MnDNR) $1,200,000 MnDNR After construction

Interagency Agreement with Mn/DOT and MnDNR

Completion of loop trail system including grading of the municipal barge facility property $2,000,000 Mn/DOT, WisDOT, FHWA (construction of trail) During construction

Construction contract - ownership and maintenance agreement yet to be determined

Recreation, education, and Riverway restoration $250,000 NPS During construction Joint Powers Agreement with Mn/DOT and NPS

Covenants on excess property owned by WisDOT (Buckhorn Ravine, closed rest area, east of STH 35) Estimated lost value = $466,000 (5) $0 Mn/DOT, WisDOT, FHWA After construction Property deed

Spill response plan $100,000 NPS During constructionJoint Powers Agreement with Mn/DOT and NPS

Growth management fund- Water resources planning/protection

- Local government planning/zoning support

- Greenspace protection program

Transit feasibility study DOT staff support only Mn/DOTAfter record of decision

(ROD); prior to construction

Interagency agreement between Mn/DOT and Metropolitan Council

Water quality memorandum of understanding (MOU) - water quality permitting -- Mn/DOT Prior to construction Mn/DOT MOU with MPCA and St. Croix Basin Team Members

Design and construction review: SHPO Review of all final designs affecting NRHP properties Included in design SHPOs Prior to and during construction Section 106 Amended MOA

Lift Bridge- Mn/DOT continues ownership, maintenance and operations of Lift Bridge -- Mn/DOT Ongoing Section 106 Amended MOA- Establish Stillwater Lift Bridge Advisory Committee -- Mn/DOT, WisDOT, FHWA During construction Section 106 Amended MOA- Perform condition assessment. Develop operations and maintenance manual -- Mn/DOT During construction Section 106 Amended MOA- Develop Lift Bridge Management Plan -- Mn/DOT, WisDOT, FHWA During construction Section 106 Amended MOA- Establish endowment fund for operation and maintenance $3,000,000 Mn/DOT, WisDOT, FHWA Prior to construction Section 106 Amended MOA

- Capital improvements with conversion to pedestrian/bicycle facility Funding committed to under Statewide Historic Bridge Management Plan Mn/DOT, FHWA Prior to construction Section 106 Amended MOA

Log Cabin Restaurant - parking lot design and construction $250,000 Mn/DOT, WisDOT, FHWA During construction Grant agreement between Mn/DOT and OPH for construction

$200,000(moving cost estimate)

St. Croix Overlook-South- Restore Overlook as directed in Roadside Restoration Report (2005) $656,000 Mn/DOT, WisDOT, FHWA During construction Construction contract- Develop management plan for maintenance and rehabilitation -- Mn/DOT Prior to construction Section 106 Amended MOA- Mn/DOT retains ownership of site -- Mn/DOT During construction Construction contractStillwater Commercial Historic District- Enhanced signage from new bridge and roadways to downtown Stillwater Included in signage package Mn/DOT, WisDOT, FHWA During construction Construction contract- Construction communication plan Included in construction costs Mn/DOT, WisDOT, FHWA During construction Construction contract- Optimize parking on Chestnut and Main Streets -- Mn/DOT, WisDOT, FHWA After construction Section 106 Amended MOA- Provide parking lot at old STH 35/64 and loop trail in Wisconsin Included in loop trail costs Mn/DOT, WisDOT, FHWA During construction Construction contractStillwater Cultural Landscape District

- Complete and distribute illustrated study of Cultural Landscape District $50,000 Mn/DOT, WisDOT, FHWA, and SHPOs Prior to construction Section 106 Amended MOA

South Main Archaeological District- Protect and stabilize Hersey and Bean Archaeological Site prior to use for staging Included in construction costs Mn/DOT, WisDOT, FHWA During construction Construction contract- Avoid and minimize effects to historic resources in design of loop trail Included in design Mn/DOT, WisDOT, FHWA During construction Section 106 Amended MOAKriesel Farmstead- Construction of berm based on concepts presented in Visual Quality Manual Included in construction costs Mn/DOT, WisDOT, FHWA During construction Section 106 Amended MOANational Register of Historic Places (NRHP) Nominations- Log Cabin, Bergstein Shoddy Mill and Warehouse, St. Croix Overlook-South, South Main Archaeolgoical District, Thelen Farmstead, Kriesel Farmstead $20,000 Mn/DOT, WisDOT Prior to construction Section 106 Amended MOA

Lift Bridge publication (illustrated book on Lift Bridge) $50,000 Mn/DOT, WisDOT Prior to construction Section 106 Amended MOADevelop field guide to Stillwater Cultural Landscape District (includes St. Croix Overlook-South) $10,000 Mn/DOT During construction Section 106 Amended MOA

Visual enhancements: implementation of the Visual Quality Manual - increase allowableaesthetic costs Included in construction costs Mn/DOT, WisDOT, FHWA During construction Construction contract

MITIGATION TOTAL FOR PREFERRED ALTERNATIVE $16,552,000

(1) Funding for mitigation to be provided by the project, through the transportation agencies (FHWA, Mn/DOT, WisDOT).(2) Agency responsible for implementation of the mitigation item.(3) Implementation schedule details provided in Section 15.4.1 of this SFEIS.(4) Costs associated with this item are included in construction costs and not in the mitigation total for the Preferred Alternative.(5) Estimate of excess right of way available for resale is 46.6 acres. At $10,000/acre difference in sale value between developed and undeveloped land, amount of lost revenue for Preferred Alternative = $466,000.

Visual Enhancements (see Section 7.4.4 of this SFEIS)

$2,700,000 WisDNR, St. Croix County, UW-River Falls

Bergstein Shoddy Mill and Warehouse – Potential items include: additional documentation, move or demolition of Shoddy Mill and Warehouse

Historic Resources Impacts - Preferred Alternative Mitigation Measures (refer to Amended Section 106 MOA in Appendix G of this SFEIS)

180 days after record of decision (ROD) as

stipulated in Growth Management MOU

Prior to constructionMn/DOT, MnSHPO

Standard Practice Mitigation Items (see Section 15.4.1.1 of this SFEIS)

Riverway Impacts - Preferred Alternative Mitigation Measures (see Section 15.4.1.2 of this SFEIS)

Growth Management Mitigation Items (see Section 15.4.1.3 of this SFEIS)

Section 106 Amended MOA

Joint powers agreements between Mn/DOT, WisDNR, St. Croix County, and UW-River Falls.

St. Croix River Crossing Project 15-17 JUNE 2006Supplemental Final EIS

Implementation of several Preferred Alternative mitigation items (completion of loop trail system and grading of Stillwater Municipal Barge Facility property; removal of Terra Terminal building and hazardous material removal) will require temporary occupancy of City of Stillwater-owned park property. Refer to Appendix E of this SFEIS for the temporary occupancy agreement between Mn/DOT, WisDOT and the City of Stillwater. Chapter 16 of this SFEIS discusses the City of Stillwater’s public hearing process for changes to City-owned land that would result from the implementation of the Preferred Alternative mitigation items. A total of approximately $9.6 million has been identified as part of the Preferred Alternative mitigation package to address impacts to the Lower St. Croix National Scenic Riverway. Details regarding the implementation of these mitigation items, including funding and administrative mechanisms, are provided in the Riverway Memorandum of Understanding (MOU) signed by FHWA, NPS, Mn/DOT, WisDOT, MnDNR, and WisDNR (see Appendix H of this SFEIS), These mitigation items are summarized as follows: Removal of Xcel Barge Unloader Facility and Mooring Cells Mn/DOT will remove the barge unloading facility and mooring cells associated with the Xcel Energy King Plant from the St. Croix River, eliminating an existing man-made structure from the Riverway. The estimated cost of this mitigation item is $1.1 million. This mitigation item is to offset the visual impacts of a new river crossing by removing an existing man-made structure from the Riverway. Relocation and replacement of the osprey nest, currently in place on the barge unloader facility will require a permit from the Minnesota Department of Natural Resources. Mitigation for damages to blufflands $2.0 million will be provided to WisDNR and $2.5 million to St. Croix County for the protection of replacement lands to offset the impacts of a new crossing on the Wisconsin bluff. Protection could include the purchase of fee title, the purchase or transfer of development rights or the purchase of conservation easements from willing sellers of land located in St. Croix County, Wisconsin. Protected lands would be perpetually maintained for land and water conservation purposes, scenic protection and other compatible uses, including low-impact public recreation. It is the intent of all parties to this agreement that WisDNR will use the $2 million for its own land protection efforts within the Riverway Basin. It is also the intent of all parties to this agreement that St. Croix County will use $2 million for land protection efforts within the Riverway Basin that are of benefit to the Riverway and that St. Croix County will pay the remaining $500,000 to the Town of St. Joseph for similar use. Funding recipients are encouraged to compete for matching Wisconsin Stewardship Local Assistance Grants or other Stewardship match programs in order to maximize the use of the funds provided.


Bluffland Restoration 1. Removal of the Buckhorn sign located approximately 1,800 feet north of the Preferred

Alternative river crossing location along the Wisconsin bluff and allow the bluff to return to a natural state.

2. Partial restoration of the Wisconsin approach to the Lift Bridge. Under this mitigation item, WisDOT will remove and restore the existing STH 64 roadway between the Lift Bridge and STH 35. WisDOT will redevelop a portion of STH 64 as a Loop Trail as described in the Visual Quality Manual for this project. WisDOT will remove the existing CTH E roadway between the CTH E/STH 64 intersection and State Street. WisDOT will revegetate the road rights-of-way with native species following removal of the pavements.

Removal of Terra Terminal Building Mn/DOT will remove the Terra Terminal building, an old fertilizer warehouse on the Stillwater Municipal Barge Facility property, under this mitigation item, removing an existing man-made structure from the Riverway and restoring the shoreline to a more natural condition. Mn/DOT will also remove construction debris (asphalt and concrete) used for bank stabilization near the building and the removal of below-water debris near the shoreline. A natural condition will be created along the shoreline with removal of the existing construction debris (e.g., concrete slabs). Any replacement materials necessary to maintain riverbank stabilization will have a natural appearance. Mn/DOT will coordinate with the City of Stillwater on the removal of construction debris and the replacement with natural material to ensure bank stabilization to ensure that this is consistent with the plan for the park setting along the Riverway. Removal of the Terra Terminal and debris will occur in such a manner as to protect the National Register-eligible Hersey Bean Saw Mill and Planing Mill archaeological sites and to preserve the site for potential relocation of the historic Shoddy Mill buildings (see Chapter 11 of this SFEIS). Kolliner Park The Kolliner Park property, located on the Wisconsin shoreline of the St. Croix River adjacent to the Lift Bridge and the existing STH 64 approach roadway, will be allowed to revert to a natural state. WisDOT will remove non-historic, man-made elements (e.g., access road; parking lot pavement; miscellaneous items) from the site. Although the pavement for the access road will be removed, the revegetated roadway will remain usable for emergency and city vehicle access. Following removal of these elements, the park would be allowed to revert to a natural state. The Kolliner Park property is owned and will continue to be owned, by the City of Stillwater. Although the park master plan cannot be implemented fully (i.e., the proposed access road and parking would not be feasible because there would be no vehicular access available to the general public to the site), the City could still develop, subject to applicable federal, state and local government regulations, other elements proposed in the park master plan.


Riverway Interpretation The Riverway interpretation mitigation item will include interpretation items (e.g., informational and mobile kiosks, bulletin boards) related to natural and cultural resources to enhance the recreational experience for users of the Riverway. Examples of potential content of the interpretation items are provided in Section 14.2.1.1 of the SDEIS, and include material related to natural and historic resources. Interpretive items related to natural resources may include items related to zebra mussels in the St. Croix River (e.g., education, research, or inspection programs), informational material on other invasive species, items related to water quality, or items related to the Riverway’s resources and values. Interpretive items related to historic resources may include installation of interpretive materials in locations such as downtown Stillwater, Kolliner Park or the Stillwater Boom Site related to archaeological sites and past uses. Funding in the amount of $300,000 to the NPS for Riverway interpretation. The NPS, in coordination with the Minnesota Department of Natural Resources (MnDNR) and WisDNR, will be responsible for the content and implementation of this mitigation item. Public Boat Access As part of the Project, Mn/DOT will pay funding in the amount of $1.2 million to the MnDNR for costs associated with locating and constructing a public access facility on the St. Croix River in the general project vicinity. MnDNR will conduct location studies, environmental documentation, and any mitigation necessary for access construction impacts. MnDNR has not yet determined the location of the access. The history and issues surrounding the public boat access mitigation item are described in Section 14.2.1.1 of the SDEIS. Loop Trail System As part of the compensation to offset impacts of a new river crossing on the recreational values of the Riverway, Mn/DOT and WisDOT will complete a loop trail system between Minnesota and Wisconsin. Subject to the planned Lift Bridge rehabilitation work, Mn/DOT and WisDOT will open the trail for use within one year after the St. Croix River Crossing Project is open to traffic. The location of the loop trail system is illustrated in Figure 15-2. As part of the loop trail system, Mn/DOT and WisDOT will convert the Lift Bridge to a pedestrian/bicycle facility. Mn/DOT will place bollards, or similar gating elements, within the Chestnut Street right-of-way in Stillwater to prevent vehicular access by the general public to the Lift Bridge, but still allowing for maintenance, emergency, and city-owned vehicles to access the Lift Bridge and Kolliner Park in Wisconsin. With conversion of the Lift Bridge to a pedestrian/bicycle facility, the existing operation regulations and lift schedule will stay in effect. The conceptual design of the loop trail will be included in the Visual Quality Manual currently being developed by Mn/DOT and WisDOT. Preliminary design for the loop trail anticipates two separate trails, one for pedestrians and one for bicyclists, through the Stillwater Municipal Barge Facility property. Mn/DOT will construct a higher speed bicycle trail on an existing railroad grade along the west boundary of the site. A lower speed pedestrian trail will follow the St. JUNE 2006 St. Croix River Crossing Project 15 - 20 Supplemental Final EIS

Croix River shoreline at the east boundary of the property. This plan for the loop trail through the Stillwater Municipal Barge Facility property is consistent with the park plan for this site. Refer to Figure 15-3 for an illustration of the loop trail through the Stillwater Municipal Barge Facility property. The portion of the loop trail to the south in Oak Park Heights is illustrated in Figure 15-3a. A feasible trail design has been developed to connect the loop trail system to sidewalks in the City of Bayport. This trail connection is located within the City of Oak Park Heights west of TH 95 adjacent to the proposed Pickett Avenue ponds (see Figure 15-3a). This trail is being developed as part of the municipal consent approval process with the City of Bayport. As part of the completion of the loop trail, Mn/DOT will also partner with the City of Stillwater in grading the Stillwater Municipal Barge Facility property following construction consistent with the City’s plans for the future park development. The grading will be completed to the extent possible while still avoiding the natural and cultural resources (i.e., Hersey and Bean site) of the Stillwater Municipal Barge Facility property. Up the Wisconsin bluff, WisDOT will construct the bicycle trail at the existing road grade; the pedestrian trail will also be constructed at the existing road grade with intermittent landings. WisDOT will construct the loop trail within the existing STH 64 right-of-way from the Lift Bridge to existing STH 35. Refer to SFEIS, Figure 15-4 for an illustration. A cross section of the loop trail preliminary design and revegetation of the Wisconsin bluff is illustrated in Figure 15-5. A photo simulation of the loop trail and revegetation is illustrated in Figure 15-6. Vegetation between the two trails up the Wisconsin bluff will be addressed in the Visual Quality Manual. Recommendations from the Visual Quality Manual will be incorporated into final loop trail design. WisDOT will construct a parking facility (approximately 40 stalls) at the top of the bluff in Houlton, with access to the loop trail system. WisDOT will construct bollards at the top of the bluff in Wisconsin across the loop trail to prevent vehicular access by the general public from the loop trail at the top of the Wisconsin bluff. These bollards would be removable and allow for maintenance and emergency vehicles to access the loop trail. The loop trail will utilize paved shoulders along existing STH 35 and a shared-roadway facility on existing CTH E through Houlton, past the Houlton Elementary School, to the proposed STH 64/35/CTH E interchange. WisDOT will construct a cul-de-sac on existing CTH E at the interchange, and a parking facility to the south of the cul-de-sac. This parking facility will provide access to the loop trail system from the STH 64/35/CTH E interchange. The loop trail will continue south from the cul-de-sac at existing CTH E, include an underpass under the new STH 35 roadway, and continue south to the new river crossing parallel to the west side of the new STH 64 roadway. This portion of the loop trail in Wisconsin is illustrated in Figure 15-4a of this SFEIS.


Ownership, operation and maintenance of the loop trail will be determined through discussions with appropriate federal, state, and local agencies during final design. Mn/DOT and WisDOT anticipate transferring ownership, operation, and maintenance responsibilities for the loop trail to the respective local units of government.

Recreation, Education and Riverway Restoration Funding in the amount of $250,000 will be provided to the NPS for three components of this mitigation item to compensate for visual impacts affecting the quality of recreational experience on the Riverway: 1. Archaeological Surveys: The Riverway agencies (NPS, MnDNR, WisDNR) have proposed

to restore native vegetation and develop campsites along the Lower St. Croix National Scenic Riverway (Lower Riverway) in order to enhance the camping experience while protecting the Riverway’s resources. Prior to any management activities to remove exotic species and restore natural species (e.g., burning or other treatment plans) or prior to any campsite expansion, the NPS shall complete archaeological surveys of the affected areas in their respective states, in consultation with the Minnesota and Wisconsin SHPO’s in that state.

2. Historic Research: A new river crossing will impact and change the appearance of the river and shoreline. To raise awareness among river users and researchers of how man has changed the river in the past, the NPS, in consultation with the Minnesota and Wisconsin SHPO’s, will document the river changes implemented by the U. S. Army Corps of Engineers (i.e., decisions; proposed and implemented plans; photographs and drawings). The NPS will also document, including photographs, the history of the Boomsite and its effect on the Riverway and the logging industry. The results of these efforts will be a scholarly document and an overview of the research on the NPS website.

3. Restroom Facilities: Increasing recreational use of the St. Croix River has elevated demand for restroom facilities along the river. To respond to this demand, and to minimize pollution associated with the lack of proper sanitation, NPS will construct new restroom facilities along the Riverway to enhance the recreational experience while protecting the Riverway’s resources.

Covenants on Excess Property Covenants will be placed on potential excess properties from the 1995 Final EIS Preferred Alternative alignment in Wisconsin and the former STH 35 wayside rest area to limit future development prior to possible sale as surplus property. If sold as surplus property, WisDOT shall record deed-restrictive covenants on the properties that are consistent with Lower St. Croix National Scenic Riverway Cooperative Management Plan (CMP) guidelines (e.g., bluff setback; structure height – see Appendix A of the CMP). WisDOT anticipates a loss of approximately


$466,000 on the sale of these properties with the restrictive covenants in place.4 The anticipated covenants on the excess WisDOT-owned properties are listed below and further described in Chapter 15 of this SFEIS. Lands west of Existing STH 35, both at the former wayside south of the project and along the 1995 Final EIS Preferred Alternative alignment, if sold by WisDOT as excess right-of-way, shall be restricted to “Conservancy District” use as defined by St. Croix County Zoning. The land west of Existing STH 35 at the former wayside south of the project is approximately 9.9 acres in size. The land west of Existing STH 35 in the area of the 1995 Preferred Alternative is approximately 10.8 acres in size. Lands east of Existing STH 35 along the 1995 Preferred Alternative alignment from Existing STH 35 to the east-west ¼ line of Section 26, Town 30 North, Range 20 West, approximately ¼-mile south of Existing CTH E, if sold by WisDOT as excess right-of-way, shall be restricted to “Agriculture Residential District” use as defined by St. Croix County Zoning. The restriction on this parcel could be removed if equal or greater acreage with equivalent restrictions is provided in the Town of St. Joseph. This parcel of land is approximately 25.9 acres in size. Lands adjacent to the New STH 64/35/CTH E interchange north of the east-west ¼ line of Section 26, Town 30 North, Range 20 West, approximately ¼-mile south of Existing CTH E to the proposed south right-of-way line for Relocated STH 35, are not required to have any restrictions in use on the deed in the sale as excess right-of-way. This parcel of land is approximately 6.7 acres in size. Table 15-3 at the top of page 15-24 of this SFEIS summarizes the location, size of parcel, land use restriction, and term of covenant for excess property in Wisconsin. The location of these parcels is also illustrated in Figure 15-7. Spill Response Plan As population grows and traffic levels increase in St. Croix County, Wisconsin, Washington County, Minnesota, and in the Minneapolis/St. Paul metropolitan area the risk of traffic related spills within the St. Croix River basin increases. A comprehensive spill response plan will help improve the ability for federal, state, regional and local governments to respond to such spills, and minimize the potential adverse impacts to surface waters, groundwater and aquatic and terrestrial wildlife populations and habitats. As part of the Project, Mn/DOT will provide funding in the amount of $100,000 to the NPS to work with contractors or consultants to develop a River Defense Network for spill response. This effort will include mapping spill entry routes and determining time of travel for various flow regimes and spill locations. It will also include arrangements for spill contractors and equipment storage at various locations along the river for rapid deployment.


4 Estimate for the difference in WisDOT selling excess property with and without a restrictive covenant is $10,000 per acre.

TABLE 15-3 1995 FINAL EIS PREFERRED ALTERNATIVE EXCESS RIGHT-OF-WAY

Location (1) Size of parcel(s) Land use restriction

Term of covenant

Land West of Existing STH 35

- Buckhorn ravine (shoreline east to STH 35)

- Former WisDOT STH 35 wayside rest area

10.8 acres

9.9 acres

Conservancy District

Conservancy District

Perpetuity

Perpetuity

Land East of Existing STH 35 25.9 acres Agriculture Residential District

Perpetuity (2)

Land Adjacent to New STH 64/35/ CTH E Interchange

6.7 acres No restrictive covenant

N/A

Total area 53.3 acres

-- --

Total area w/ restrictive covenantTotal area w/out restrictive

covenant

46.6 acres 6.7 acres

-- --

(1) See discussion of covenants on excess property for specific location of each parcel. (2) The restriction on this parcel could be removed if equal or greater acreage with equivalent restrictions is

provided in the Town of St. Joseph. 15.4.1.3 Growth Management Mitigation Items A combined total of $2.7 million has been identified as part of the Preferred Alternative mitigation package to address the anticipated potential indirect effects of land development and subsequent effects resulting from the Preferred Alternative. Details regarding the implementation of these mitigation items as well as funding mechanisms and administrative oversight was documented in an agreement among WisDNR, WisDOT, Mn/DOT, and FHWA titled the Growth Management Memorandum of Understanding (MOU) (see Appendix I of this SFEIS). These mitigation items are described as follows: Water Resources Planning/Protection - $1.2 Million

• Active assistance and support for future applications from the St. Croix Basin Water

Resources Planning Team to the U.S. Environmental Protection Agency (EPA) Targeted Watersheds Grant Program to implement high priority phosphorus reduction strategies.

• Soil and Water Modeling and Monitoring. $400,000 is provided to the WisDNR to assist the Basin Team in soil and water modeling and monitoring of Lake St. Croix to help develop and implement phosphorus reduction strategies.


• Study of Sanitary Wastewater Treatment Facility Needs. $400,000 is assigned to STH 64 Corridor Communities in St. Croix County to study sanitary wastewater treatment facility needs or upgrade/expansion alternatives that accommodate projected population growth while protecting human health and water resources. As an alternative to, or in concert with, the activities described above, a broad regional evaluation of domestic wastewater disposal issues may be conducted.

• Planning, Ordinance Development and Implementation of Local Stormwater Management Programs. $400,000 is assigned to STH 64 Corridor Communities for purposes of planning, ordinance development, and implementation of local stormwater management program(s) to protect surface water quality.

Local Government Planning/Zoning Support - $1.0 Million Funding provided in this item is to expand the Town of St. Joseph and St. Croix County’s capacity and effectiveness in local planning, zoning and educational programs to improve their abilities to manage growth. Specific activities are allocated as follows: • $200,000 for the Town of St. Joseph and $750,000 for St. Croix County to hire or contract

for project staff and consultant services to assist in revising and/or developing local comprehensive plans, neighborhood plans, ordinances and other planning tools that will result in natural resource enhancement, pollution prevention, protection for historic properties, or other environmental protection.

• $50,000 to UW-River Falls to help establish and implement natural resources and historic

properties protection efforts of the Western Wisconsin Intergovernmental Collaborative (WWIC), whose purpose of this organization is to enhance the quality of life in Pierce, Polk and St. Croix Counties of Wisconsin by providing a long-term collaborative forum for its governmental jurisdictions, including villages, towns, cities and counties . The grant will supplement, but not replace, local government member financial support for the WWIC.

Greenspace Protection Program - $500,000 $100,000 for the Town of St. Joseph and $400,000 for St. Croix County to develop and adopt plans, policies, educational outreach programs, and/or ordinances to protect open space consistent with the natural resource protection goals as identified in their comprehensive plans, including but not limited to programs such as the purchase of fee title, the purchase/transfer of development rights or the purchase of conservation easements. 15.4.1.4 Historic Resources Impacts – Preferred Alternative Mitigation Items Several mitigation items are proposed to offset adverse impacts to historic resources, including the Log Cabin restaurant, the Bergstein Shoddy Mill and Warehouse, the St. Croix Overlook-South, the Hersey and Bean site in the South Main Street Archaeological District, the Stillwater Commercial Historic District, the Stillwater Cultural Landscape District, and the Stillwater Lift Bridge. These mitigation items are summarized in Table 15-1 of this SFEIS and briefly


described below; detailed information is provided in the Amended Section 106 MOA in Appendix G of this SFEIS. The Amended Section 106 MOA also provides the mechanism for implementation of these mitigation items. Figure 15-8 of this SFEIS illustrates the location of historic resources mitigation items identified in Table 15-2, where appropriate, in relation to the Preferred Alternative river crossing. A combined total of approximately $4.2 million has been identified as part of the Preferred Alternative mitigation package to offset adverse impacts on historic resources and is described in the stipulations from the Amended Section 106 MOA in the following text. This information is also provided in the signed Amended Section 106 MOA in Appendix G of this SFEIS. Stillwater Lift Bridge A. Interim Vehicular Use of the Stillwater Lift Bridge – The historic Stillwater Lift Bridge will

be used for Trunk Highway purposes in accordance with Federal, State and local law, and safety standards until a new river crossing has been constructed and opened to vehicular traffic. Mn/DOT will continue to own and operate the Stillwater Lift Bridge with the intent to preserve and protect it beyond the opening of the new bridge for conversion to pedestrian/bicycle use.

Mn/DOT will continue to conduct annual structural inspections, perform routine maintenance, perform necessary repairs, and perform appropriate emergency measures, as it has done in the past, in a manner that will minimize the structural deterioration of the historic bridge, to the extent practicable, until such time as the new bridge is open for vehicular use.

B. Stillwater Lift Bridge Advisory Committee - Following approval of the Record of Decision

(ROD) Mn/DOT will invite the U.S. Coast Guard, Minnesota and Wisconsin SHPOs, the NPS, MnDNR, WisDNR, the City of Stillwater, the Stillwater HPC, the Stillwater Lift Bridge Association, the Minnesota Historical Society, St. Croix County, and the Town of St. Joseph and others who seek to participate to serve on the Stillwater Lift Bridge Advisory Committee (SLBAC).

1. The SLBAC will provide Mn/DOT with advice and recommendations regarding the

maintenance, repair, rehabilitation, treatment and management of the Lift Bridge during its interim vehicular use and will oversee development of the Stillwater Lift Bridge Management Plan prepared in accordance with Stipulation III.C.

2. The recommendations of the SLBAC will support Mn/DOT’s efforts to incorporate Riverway, historical/cultural, and local perspectives in its decision- making process regarding planning and repair decisions for the Stillwater Lift Bridge.

3. Mn/DOT will seek the advice of the SLBAC until the final Stillwater Lift Bridge Management Plan has been approved by the SHPOs in accordance with Stipulation III.C.

4. Mn/DOT will convene meetings of the SLBAC, including the first meeting, and provide

staff support to the SLBAC, as appropriate. The SLBAC will establish the procedures through which it will operate and develop its recommendations for Mn/DOT.


5. Until the new bridge opens, when Mn/DOT, the SHPOs and the SLBAC agree that any maintenance, repair, rehabilitation, and treatment proposed by Mn/DOT meets the SOI’s Standards, then Mn/DOT may implement the proposed work. If they do not agree and FHWA will provide assistance for the proposed work, then the matter will be resolved by FHWA in accordance with 36 CFR §§800.5, 800.6 and 800.7.

C. Stillwater Lift Bridge Management Plan - The Stillwater Lift Bridge Management Plan,

which will be consistent with Mn/DOT’s Statewide Historic Bridge Management Plan, will identify those actions needed to preserve the structural and historical integrity of the Lift Bridge for continued safe use. All actions identified will be consistent with the SOI’s Standards.

After completion of the Stillwater Lift Bridge Repair Project, Mn/DOT and WisDOT, in consultation with the SLBAC, will update the existing condition assessment of the Stillwater Lift Bridge that was developed from the reports listed in Attachment C using information obtained during the Stillwater Lift Bridge rehabilitation project in 2005. In consultation with the SHPOs and SLBAC, Mn/DOT will use this information as the basis for developing an operations and maintenance manual for the Stillwater Lift Bridge that includes estimated funding needs. Mn/DOT will submit the manual to the SHPOs and SLBAC for review. The SHPOs and SLBAC will have thirty (30) days from receipt of the draft manual to submit their review comments. In preparing the final draft manual, Mn/DOT will take into account timely comments received on the draft manual. Mn/DOT will submit the final draft manual to the SHPOs for their review and concurrence. The SHPOs will have thirty (30) days from receipt of the final draft manual to provide their review and concurrence. Mn/DOT will then use the approved operations and maintenance manual to develop the Stillwater Lift Bridge Management Plan.

The Management Plan will describe how the Lift Bridge is to be managed during its interim vehicular use and after its conversion to pedestrian/bicycle use, but the latter use will receive primary emphasis.

In consultation with the MnSHPO, Mn/DOT is developing a Statewide Historic Bridge Management Plan, including individual plans, for twenty-four (24) historic bridges, including the Stillwater Lift Bridge. The long-term preservation of the Lift Bridge is integral to the successful implementation of this statewide plan. In accepting statewide planning for historic bridges, Mn/DOT committed to preserving the structural integrity of the twenty-four (24) historic bridges beyond its normal practice.

The Stillwater Lift Bridge Management Plan will include but is not limited to, components that establish a process and procedures:

• to update and analyze the condition of the Stillwater Lift Bridge; • to establish maintenance and improvement needs and priorities; • to identify criteria for decision-making and priority setting; • to use and expand the endowment fund; • to acquire capital improvement funding predictably and when needed;


• to respond to emergencies; • to involve other parties in an advisory capacity in decision-making; • to revise and update the Management Plan, as appropriate; • to integrate with the development, ownership and operation of the Loop Trail; and • for ownership and long-term maintenance of the Stillwater Lift Bridge.

Mn/DOT will submit a draft of the Stillwater Lift Bridge Management Plan to the SHPOs and the SLBAC for their review and concurrence. The SHPOs and the SLBAC will have thirty (30) days from receipt of the draft Management Plan to submit their review. In preparing the final draft management plan, Mn/DOT will take into account timely comments received on the draft Management Plan. Mn/DOT will submit the final draft Management Plan to the SHPOs and SLBAC for their review and concurrence. The SHPOs and SLBAC will have thirty (30) days from receipt of the final draft Management Plan to provide their review and concurrence.

When the SHPOs and the SLBAC have concurred pursuant to Stipulation III.C., Mn/DOT will implement the Management Plan. Mn/DOT will provide a copy of the final Stillwater Lift Bridge Management Plan to FHWA, the SHPOs and the SLBAC. The Plan will be incorporated as part of the Statewide Bridge Management Plan. FHWA will not obligate funding for the Project until it is in receipt of the final Stillwater Lift Bridge Management Plan from Mn/DOT.

D. Endowment Fund - The establishment of an endowment fund account by Mn/DOT would

generate revenue to support the operation and routine maintenance of the Stillwater Lift Bridge after it is converted to pedestrian/bicycle use.

1. Upon approval of the ROD by FHWA and the appropriation of funding for the Project,

Mn/DOT, in cooperation with the State of Minnesota, will establish an endowment account for the Stillwater Lift Bridge.

2. In setting up this fund, Mn/DOT will

a. Support any enabling legislation that may be determined by the State of Minnesota to

be necessary for the establishment of such an account, and develop and execute agreements, as needed, with other elements of the State, including the MnSHPO, prior to the opening of the new river crossing;

b. Consult with the SHPOs to develop the structure of the fund; and

c. Consult with a person or persons with established credentials in establishing and

managing endowment funds.

3. Prior to the opening of the new river crossing, Mn/DOT and WisDOT will deposit no less than $3 million in the endowment fund.


4. Mn/DOT will set up an operations and maintenance account that will be funded from the investment revenues derived from the endowment fund. This account may be used only to support Stillwater Lift Bridge operation and routine maintenance from abutment to abutment because these activities are usually predictable, repetitive, and conducive to the establishment of reasonable and accurate annual budget projections. Revenues from the operations and maintenance account are not eligible for use in major repairs/ rehabilitation or other capital improvements to the Stillwater Lift Bridge.

5. Mn/DOT will establish the endowment fund in order to receive funds and disperse

revenues sufficient to support the operation and routine maintenance of the Stillwater Lift Bridge. Mn/DOT will ensure that adequate legal controls are in place to ensure that the endowment, and operations and maintenance funds are managed effectively, in the public interest and to support the protection and preservation of the Stillwater Lift Bridge.

[Stipulation III.E (Capitol Improvement Upon Conversion) is provided in Section 15.4.1.5 of this SFEIS.] E. Conversion of the Lift Bridge to Pedestrian/Bicycle Use - Once the Project has been

constructed and opened to traffic, Mn/DOT will remove the Stillwater Lift Bridge from the Trunk Highway system and close it to vehicular traffic.

1. Mn/DOT will retain ownership and maintenance of the Stillwater Lift Bridge, unless

Mn/DOT decides to transfer the historic property pursuant to Stipulation III.F.2.

2. If Mn/DOT proposes to transfer ownership of the Stillwater Lift Bridge, Mn/DOT will consult with the SHPOs, the ACHP, the City of Stillwater, Town of St. Joseph, Preservation Alliance of Minnesota, Stillwater HPC, NPS, Stillwater Area Chamber of Commerce, Stillwater Lift Bridge Association, National Trust for Historic Preservation, SLBAC, and other consulting parties regarding the proposed transfer.

a. Mn/DOT will ensure that the transferee will conform to the terms of the Stillwater

Lift Bridge Management Plan and any additional legal restrictions deemed appropriate by Mn/DOT to ensure its continued protection and preservation.

b. Mn/DOT will take into account the recommendations of the consulting parties

identified in Stipulation III. F. 2. in reaching a final decision about any proposed transfer.

c. If they cannot agree on legal restrictions, Mn/DOT will seek the advice of the ACHP.

Mn/DOT will notify FHWA and all consulting parties that it is seeking the advice of the ACHP. Upon receipt of adequate documentation, the ACHP will review and advise Mn/DOT on the resolution of the dispute within thirty (30) days.


d. Prior to reaching a final decision on the dispute, Mn/DOT will prepare a written response that takes into account any timely advice from the ACHP and provide all consulting parties with a copy of this written response. Mn/DOT may then proceed according to its final decision.

e. If the ACHP does not respond within thirty (30) days after receipt of adequate

documentation, Mn/DOT may render a decision regarding the dispute.

3. Mn/DOT may, at its discretion and in consultation with the SHPOs, the City of Stillwater and the Stillwater HPC enter into an agreement with a federal, state or local agency for management of the operation and routine maintenance of the Stillwater Lift Bridge. Mn/DOT will ensure that management of the Stillwater Lift Bridge by the other agency adheres to the final Management Plan developed pursuant to Stipulation III.C.

Log Cabin Restaurant (Club Tara) 1. Design: In consultation with the MnSHPO and the owner of this historic property, Mn/DOT

will design Project elements, including the frontage road, access, landscaping, and other site improvements in the vicinity of this historic property, to be compatible with the qualifying characteristics and setting of the Log Cabin Restaurant. The design will be consistent with the design principles listed in Stipulation II.A and B and the VQM. Mn/DOT will submit design plans to the MnSHPO for review and concurrence prior to FHWA authorization to obligate funds for the Project.

2. Parking: In consultation with the MnSHPO and the owner of this historic property, Mn/DOT

has developed a design plan to provide adequate parking for the Log Cabin Restaurant. In the plan, Mn/DOT has specified that the existing lot will remain gravel and that an additional lot will be constructed, east and adjacent to the Log Cabin Restaurant property. The design plan will comply with municipal standards and will not diminish the qualifying characteristics of the historic property. Mn/DOT will implement the design plan in cooperation with the City of Oak Park Heights and Xcel Energy. Mn/DOT will submit the design plan to the MnSHPO for review and concurrence prior to FHWA authorization to obligate funds for the Project.

3. Construction: Mn/DOT will ensure access and temporary directional signage to the Log

Cabin Restaurant during construction. 4. City of Oak Park Heights Memorandum of Understanding (MOU): Mn/DOT will ensure that

the terms of the MOU that will be executed with the City of Oak Park Heights will be consistent with this Amended MOA. The function of the MOU is to document the terms of municipal consent from the City which is required under Minnesota statutes.


Bergstein Shoddy Mill and Warehouse 1. Prior to letting the Project for construction, Mn/DOT will complete photo documentation

of the Shoddy Mill and Warehouse in accordance with the standards and guidelines of the MnSHPO. Mn/DOT will submit two (2) copies of the completed documentation to the MnSHPO and one copy each to the City of Oak Park Heights and City of Stillwater.

In consultation with the MnSHPO, Mn/DOT has determined that it is cost effective to move and stabilize the Shoddy Mill and the Warehouse, and upon identification of a suitable site, Mn/DOT will move and secure the buildings on a new foundation at the new location.

2. Mn/DOT has consulted with the MnSHPO; Cities of Oak Park Heights, Stillwater, and

Bayport; Washington County Historical Society; Stillwater HPC; and the Jewish Historical Society of the Upper Midwest; and other parties to identify a new owner, a new site and a suitable use for this historic property. The new site and use for the buildings must maintain, and not detract from the National Register character-defining features of the property and will include an appropriate setting.

3. Mn/DOT marketed the historic property for two (2) months during the spring of 2005. Two

interest offers were received during that period and one party remains interested. Review of a potential site is occurring in consultation with the MnSHPO and other consulting parties.

4. If Mn/DOT and the MnSHPO agree on an acceptable site and use, Mn/DOT will move the

historic property to its new site and then transfer it with a legal restriction that ensures it will be maintained in accordance with the SOI’s Standards.

5. If Mn/DOT determines, in consultation with MnSHPO, that there is no acceptable offer (that

is, a new owner, new site, and a suitable use for the historic property have not been identified and approved by agencies with jurisdiction over the new site), Mn/DOT may authorize its demolition. In the event that Mn/DOT determines that it should proceed with demolition, Mn/DOT will consult with the MnSHPO to determine if any further mitigation is needed prior to demolition. If Mn/DOT and the MnSHPO cannot agree, Mn/DOT will submit the matter to FHWA for resolution in accordance with Stipulation XIII.

6. City of Oak Park Heights and City of Stillwater MOU’s: Mn/DOT will ensure that the terms

of the MOU’s that will be executed with the City of Oak Park Heights and City of Stillwater will be consistent with this Amended MOA. The function of the MOU’s is to document the terms of municipal consent from the Cities which are required under Minnesota statutes.

St. Croix Overlook-South 1. Design: Mn/DOT will design the Project within the viewshed of the St. Croix Overlook-

South, including the new bridge and other improvements, in accordance with the design principles found in Stipulations II.A and B, and the VQM. The Project design will take into account the setting and feeling and viewshed of the St. Croix Overlook-South.


2. Restoration: Mn/DOT will restore the St. Croix Overlook-South in accordance with the Mn/DOT Historic Roadside Development Structures Preservation and Restoration Report (2005) during construction of the proposed Project. Despite diminished vehicular access, the scenic and historic view from this site has high value and the restoration of this property provides viewing opportunities described within II.B.3 of this agreement. Providing access from the Loop Trail and other city streets to the St. Croix Overlook-South is being studied.

3. Management: Mn/DOT will develop a management plan for the St. Croix Overlook-South

that addresses the maintenance and rehabilitation of structural and landscape elements of the historic property prior to restoration. Mn/DOT will submit the plan to the MnSHPO for review and concurrence. Mn/DOT will continue ownership of the Overlook-South, unless Mn/DOT elects to transfer ownership to a federal, state or local agency with appropriate restrictions developed in consultation with the MnSHPO.

4. Construction Access: Mn/DOT will ensure access to the St. Croix Overlook-South during

construction. 5. City of Oak Park Heights MOU: Mn/DOT will ensure that the terms of the MOU that will

be executed with the City of Oak Park Heights will be consistent with this Amended MOA. The function of the MOU is to document the terms of municipal consent from the City which is required under Minnesota statutes.

Stillwater Commercial Historic District 1. Signage:

a. According to standard practice, primary guide signs for STILLWATER will be installed,

as part of the project, in both westbound and eastbound directions on TH 36 approaching the TH 36/TH 95 interchange. Provided that adequate signing space is available, as determined by Mn/DOT, a supplemental guide sign for “Downtown Stillwater” (white lettering on green background) will be installed, as part of the project, on both eastbound and westbound approaches to the TH 36/TH 95 interchange. If it is determined that not enough space is available for this supplemental guide sign, FHWA and Mn/DOT will consult with the signatories and other consulting parties, including the downtown Stillwater business owners, to develop additional mitigation for the Stillwater Commercial Historic District.

b. Provided that adequate space is available, as determined by Mn/DOT, the City of

Stillwater will install a municipal identification entrance sign for the City on northbound TH 95 at the Stillwater city limit in accordance with the VQM. The municipal identification entrance sign will include a reference to the Stillwater Commercial Historic District. Mn/DOT will determine if sufficient property is available outside the clear zone for installation and maintenance of the municipal identification entrance sign by the City.


As an alternative, Mn/DOT will consider, during the development of the Project’s signing plan and if allowable by policy, a “recreational and cultural interest area sign” (white lettering on brown background) for the Stillwater Commercial Historic District.

2. Construction Communication Plan:

As part of its overall Project design process, Mn/DOT will develop a plan to ensure access to the Stillwater Commercial Historic District during Project construction. The plan will be developed in consultation with MnSHPO, the City of Stillwater, and the Stillwater Area Chamber of Commerce. The plan will consider the sequencing of Project construction, the location of construction staging areas, street closures, parking changes and the traffic flow during construction. Mn/DOT and WisDOT will provide signage and public notice for efficient access to the Stillwater Commercial Historic District during construction.

3. Mn/DOT will work with the City of Stillwater to give full consideration to maximizing

parking on Chestnut Street from Main Street to the Stillwater Lift Bridge. 4. As part of the Project, WisDOT will provide parking in the immediate vicinity of the Loop

Trail in Wisconsin at the connection of the Loop Trail and existing STH 64 with a direct pedestrian access to the Stillwater Lift Bridge and the Commercial Historic District. And, a trailhead parking area will be provided at the new interchange of STH 64 and STH35/CTH E in Wisconsin.

Stillwater Cultural Landscape District (SCLD) 1. Design: In consultation with the MnSHPO, Mn/DOT will design the Project elements within

the viewshed of the SCLD, including the new bridge structure, the Loop Trail, Chestnut St. from Main St. to the Lift Bridge, landscaping and other improvements, in accordance with Stipulations II.A and B and the VQM, taking into account the historic property’s qualifying characteristics, setting and feeling. Mn/DOT will submit the draft design plans to the MnSHPO for review. MnSHPO will have thirty (30) days from receipt of the draft design plans to submit their review. Mn/DOT will take into account any timely comments submitted in preparing the final design plan. Mn/DOT will submit the final design plan to the MnSHPO for their review and concurrence prior to FHWA authorization to obligate funds for the Project. The MnSHPO will have thirty (30) days from receipt of the final plan to provide their review and concurrence.

2. Study: Mn/DOT will complete a study of the SCLD, in consultation with MnSHPO,

WisSHPO, Stillwater HPC and NPS (St. Croix National Scenic Riverway Office) to illustrate the significant features and essential characteristics of the SCLD and its setting, as described in Cultural Resource Investigation St. Croix River Bridge (by Barbara Henning for Rivercrest Associates, Inc., August 1999). The study is intended to reinforce an understanding of the historic relationship between the natural and built features in the SCLD, identify and illustrate important views to, from and within the SCLD, and promote understanding of the SCLD and its significant features to a wide audience. The study will begin at the time of FHWA authorization of funding for the Project.


a. The study will utilize historic and contemporary images, maps, and text to illustrate the defining characteristics and features of the landscape, their interrelationships, and the associated viewsheds. This product will include existing pre-construction views of the Riverway from the SCLD and views from the Riverway to the district prior to construction.

b. Mn/DOT will submit a draft study to the MnSHPO, WisSHPO, NPS and Stillwater HPC

for review and comment. The parties will have thirty (30) days from the date of receipt of the draft to provide any comments. Mn/DOT will take into account the comments received in developing the final study.

c. Mn/DOT will submit the final study to the MnSHPO and WisSHPO for review and

concurrence. Mn/DOT will ensure that the approved final study is completed prior to opening of the new bridge.

d. The final study documentation will be formatted for easy reference and use, and for

Internet application. Mn/DOT will present the completed final study to the public at a meeting of the Stillwater HPC.

South Main Archaeological District 1. Prior to initiating Project construction, Mn/DOT, in consultation with the MnSHPO, the

Stillwater HPC, and the City of Stillwater, will complete a condition and stabilization report identifying those measures needed to stabilize and protect the Hersey and Bean Saw Mill and Hersey and Bean Planing Mill archeological sites in such a way as to avoid adversely affecting the historic property’s above and below-ground qualifying characteristics. Mn/DOT will use the report to develop the stabilization needed in order to construct the Loop Trail. The report will be made available to the City of Stillwater for future park planning. Mn/DOT will ensure that the protective measures that have been identified are implemented by inclusion in the Project special provisions and plans.

2. If Mn/DOT determines that an adverse effect to this historic property cannot be avoided, then

Mn/DOT will consult with the MnSHPO, HPC and City of Stillwater to develop mitigation measures. If the parties can reach agreement on mitigation, Mn/DOT will record those measures through a letter agreement with the MnSHPO and then implement them. If the parties cannot agree, Mn/DOT will submit the matter to FHWA for resolution in accordance with Stipulation XIII.

3. If Mn/DOT proposes to use any area of the Hersey and Bean Archaeological Site as a staging area, Mn/DOT will consult with the MnSHPO to ensure that the use will not result in adverse effects to the historic archaeological site and its setting.

4. City of Stillwater MOU: Mn/DOT will ensure that the terms of the MOU that will be

executed with the City of Stillwater will be consistent with this Amended MOA. The function of the MOU is to document the terms of municipal consent from the City which is required under Minnesota statutes.


Louis Kriesel Farmstead 1. WisDOT will construct a berm on land currently owned by Dennis and Georgeann Kilbane

in order to screen the Kriesel Farmstead from the Project. WisDOT will design this berm in consultation with Dennis and Georgeann Kilbane. But it will accommodate, to the maximum extent possible, the continued use for agricultural purposes, the land to the south of the Kriesel Farmstead farm buildings. This berm will be based on the concepts presented in “Highway Profile Options at Kriesel Farm” in the St. Croix River Crossing VQM.

2. Before completion of the final Project design in Wisconsin, WisDOT will submit a draft

plan for applying the general concepts set forth in the VQM (see Stipulation II. C.) to the WisSHPO for review and concurrence. As part of the plan, WisDOT will consider installing landscape elements along a line near the south boundary, within 500 feet on either side of the current driveway access to the Kriesel Farmstead, and roughly parallel to the centerline of the proposed new frontage road as shown for Alternative B1 in the Supplemental Final EIS for the Project. WisDOT will use text, photographs and other exhibits, as appropriate, to develop this plan. WisDOT will consider the cost effectiveness in reaching a final decision on any proposed landscaping.

National Register Nominations Minnesota Properties: In consultation with the MnSHPO, Mn/DOT will prepare National Register nomination forms for the Log Cabin Restaurant; the Bergstein Shoddy Mill and Warehouse, if it is not demolished pursuant to Stipulation IV.B.5 and if it remains eligible on its new site per concurrence from the MnSHPO; the St. Croix Overlook - South and the South Main Archaeological District prior to authorization of funding by FHWA for the Project. Wisconsin Properties: Within one year of the signing of the Record of Decision for the Project, WisDOT will submit the required completed National Register nomination forms to the WisSHPO for final nomination of the Nicholas Thelen Farmstead and Louis Kriesel Farmstead to the NRHP. Interpretation and Public Education A. Lift Bridge Publication: Mn/DOT will contract with the Washington County Historical

Society (WCHS) or another responsible party if the WCHS declines, in consultation with the SHPOs, to publish an illustrated book tracing the history of the Stillwater Lift Bridge in narrative and photographs. The narrative will include the complete story of the Lift Bridge, and its relationship to the community and the cultural landscape. Mn/DOT and WisDOT will provide $50,000 for publication of the book. The book will be completed following authorization of funding by FHWA but prior to opening of the new bridge.

B. Field Guide: In consultation with the SHPOs, Mn/DOT will develop an educational field

guide to direct visitors, students and others to locations where they may experience and understand the relationships between the cultural, natural and physical features in and adjacent to the SCLD.


1. The field guide will be based on the SCLD study, produced pursuant to Stipulation IV.E.2., and information related to the Boom Site and St. Croix Overlook-South. The field guide will highlight the role of historic properties within the SCLD, including the St. Croix Overlook - South, in the development of nearby roadways.

2. The field guide will include a map showing the scope and significant features of the

SCLD, the St. Croix Overlook-South, and the Boom Site. 3. The field guide also will include a map that clearly shows how to access the St. Croix

Overlook-South and other affected historic properties identified in this Amended MOA.

4. Mn/DOT will make the field guide widely available in rest areas, tourism distribution centers and local businesses along the St. Croix River, and through the Greater Stillwater Area Chamber of Commerce.

5. Mn/DOT will complete the field guide prior to the opening of the new bridge.

6. Mn/DOT will submit the draft field guide to the SHPOs and Stillwater HPC for review.

The SHPOs and Stillwater HPC will have thirty (30) days from the receipt of the draft field guides to submit their review comments. Mn/DOT will take into account any timely comments submitted in preparing the final field guide. Mn/DOT will submit the final field guide to the SHPOs, for their review and concurrence, and the Stillwater HPC. The SHPOs will have thirty (30) days from receipt of the final field guide to provide their review and concurrence. The completed field guide will be presented to the SHPOs and Stillwater HPC in both hard copy and electronic format. The field guide will also be posted on Mn/DOT’s Project website.

C. Riverway Research and Interpretation: In developing the Riverway interpretation mitigation

measure described in the St. Croix River Crossing Supplemental Final EIS, NPS will consult with the SHPOs to ensure that pertinent information about historic properties and their relationship to the St. Croix National Scenic Riverway is incorporated into interpretative efforts, including signage, kiosk and mobile outreach. These agencies should also consult on the broad Riverway research carried out by NPS on archaeological sites and National Register preparation.

In particular, in accordance with the St. Croix National Scenic Riverway mitigation measures identified in the St. Croix River Crossing Supplemental Final EIS, in order to raise awareness among river users and researchers of how man has changed the river in the past, the NPS, in consultation with the SHPOs, will document the river changes implemented by Corps activities (i.e., decisions; proposed and implemented plans; photographs and drawings). The NPS will also document, including photographs, the history of the Boomsite and its effect on the Riverway and the logging industry. The results of these efforts will be a scholarly document and an overview of the research on the NPS website.


Growth Management A. The WisDNR will invite the WisSHPO to participate as a member of the Wisconsin Growth

Management Advisory Team. This Team will be created to promote natural, cultural and historic resource protection by providing advice and guidance in the administration of the “St. Croix River Crossing Project Growth Management Fund” as described in the Supplemental Final EIS.

B. In accordance with the growth management mitigation measures identified in the

Supplemental Final EIS, funds will be provided ($200,000 to the Town of St. Joseph and $750,000 to St. Croix County) to hire or contract for staff and consultant services to assist in revising and/or developing local comprehensive plans, neighborhood plans, ordinances and other planning tools that will result in natural resource enhancement, pollution prevention, protection for historic properties, or other environmental protection.

C. In accordance with the growth management mitigation measures identified in the

Supplemental Final EIS, funds ($50,000) will be provided to the University of Wisconsin (UW) - River Falls to help establish and implement natural resources and historic properties protection efforts of the Western Wisconsin Intergovernmental Collaborative (WWIC). The funding will supplement, but not replace, local government member financial support for the WWIC. The purpose of this organization is to enhance the quality of life in Pierce, Polk and St. Croix Counties of Wisconsin by providing a long-term collaborative forum for its governmental jurisdictions, including villages, towns, cities and counties.

WWIC will share information, experiences and best practices on key issues and problems; serve as an “Issues Clearinghouse”; engage in regional problem-solving; develop a more visible regional identity; serve as a voice for the three-county region to influence public policy; help to provide advice and sharing of technical expertise from resources available at UW-River Falls, UW-Extension and other sources; and explore opportunities for potential governmental cost-savings through shared resources.

WWIC planned actions include organizing and sponsoring quarterly programs/workshops used to bring in experts, facilitate focused problem solving and to disseminate targeted and region-specific educational materials on water quality, natural resources, historic properties, and other issues. WWIC will share information with the Wisconsin SHPO and invite their participation in efforts related to historic preservation.

15.4.1.5 Other Commitments Stillwater Lift Bridge Capital Improvement Upon Conversion As described in Stipulation III.E of the Amended Section 106 MOA, upon approval of the ROD and appropriation of funding for the Project, Mn/DOT will convene the SLBAC to advise Mn/DOT regarding the proper scope of the Stillwater Lift Bridge capital improvement/repair work that will be pursued by Mn/DOT when the Stillwater Lift Bridge is to be converted to a pedestrian/bicycle use in conjunction with the new Loop Trail.


1. As part of the Statewide Historic Bridge Management Plan (III. C.), Mn/DOT commits to completing a rehabilitation project for the Stillwater Lift Bridge, within one year after opening of the new bridge. The Stillwater Lift Bridge Management Plan will establish the priorities for the rehabilitation project in order to allow the Stillwater Lift Bridge to function with the Loop Trail. Mn/DOT will cover the cost of rehabilitation up to $7 million. Mn/DOT expects to secure funding for this rehabilitation project from a combination of eligible state and federal funding sources. If rehabilitation costs exceed $7 million, Mn/DOT, in consultation with the SLBAC, will seek the additional funds required.

2. Mn/DOT will submit the draft design plan for the rehabilitation of the Stillwater Lift Bridge

to the SHPOs and SLBAC for review and concurrence. The SHPOs will have thirty (30) days from receipt of the draft design plan to submit their review. Mn/DOT will take into account any timely comments submitted in preparing the final design plan. Mn/DOT will submit the final design plan to the SHPOs for their review and concurrence. The SHPOs will have thirty (30) days from receipt of the final plan to provide their review and concurrence. Mn/DOT will implement the approved design plan for the rehabilitation of the Stillwater Lift Bridge.

3. If Mn/DOT and the SHPOs agree that the proposed rehabilitation Project meets the SOI’s

Standards, then Mn/DOT may implement the proposed work. If they do not agree and FHWA or another federal agency will provide assistance for the proposed work, then the matter will be resolved by the federal agency in accordance with 36 CFR §§800.5, 800.6 and 800.7.

15.4.1.6 Visual Enhancements Because of the unique nature of the project area and values of the Lower St. Croix National Scenic Riverway, additional funds will be allocated for implementation of the Visual Quality Manual. Refer to Section 7.4.4 of this SFEIS for additional discussion of visual enhancements. 15.4.1.7 Bridge Type Identification As described in Sections 3.3.5 and 7.4.1 of this SFEIS, the extradosed bridge type was identified as the Preferred Alternative river crossing bridge type because it balances the impact of a new river crossing across a range of high-quality values (e.g., natural; cultural; recreational; visual) that define the Riverway. The extradosed bridge type represents a substantial additional investment compared to a typical girder bridge, reflecting the high-quality values of the Riverway. 15.4.1.8 Parkland Impacts – Preferred Alternative Mitigation Items


As noted previously in this SFEIS (see Section 5.1.4 ), the Preferred Alternative will not require the acquisition of parklands. However, the Preferred Alternative will require temporary occupancy of City of Stillwater parks and eliminate vehicular access to Kolliner Park with conversion of the Lift Bridge to a pedestrian/bicycle facility and removal of the existing Wisconsin approach roadway. To mitigate for this, Mn/DOT and WisDOT will implement several mitigation items to assist with the future development of the Stillwater Municipal Barge

Facility property, a future City of Stillwater park. These mitigation items include (see Section 15.4.1.2 of this SFEIS for a full description of these items): • Completion of the loop trail system through the Stillwater Municipal Barge Facility property,

consistent with the 1998 Master Plan.

• Grading of the Stillwater Municipal Barge Facility property following temporary construction occupancy, consistent with the City’s vision for the site.

• Removal of the Terra Terminal building, including solid waste clean up and removal of construction debris near the shoreline.


St. Croix River Crossing Project 2006 Supplemental Final Environmental Impact StatementFigure 15-1Preferred Alternative Riverway Mitigation Items

95

95

95

E

36

96

35

23

24

21

28

35 64

64

Mai

n

Chestnut

Preferred Alternative

0.5 miles

STILLWATER

HOULTON

New R

iver C

ross

ing

OAK PARK HEIGHTS

BAYPORT

XcelENERGY

WASHINGTON CO.

ST. CROIX CO.

W I S C O N S I NM I N N E S O T A

Osgo

od A

ve.

Beach Rd.St. Croix River

• Mitigation for damages to blufflands:- Funding to WisDNR and St. Croix County for

protection of replacement lands

• Riverway interpretation:- Interpretation items (e.g., informational and mobile

kiosks, bulletin boards) related to natural and cullturalresources

• Public Boat Access:- Location and environmental studies by MnDNR

• Recreation, education, Riverway restoration

• Spill response plan

• Kolliner Park: removal of non-historic elements toallow reversion to “natural state”.

• Completion of loop trail system including grading ofthe Stillwater Municipal Barge Facility property.

• Use Lift Bridge as a pedestrian/bicycle facility; part ofloop trail system.

• Mitigation for damages to blufflands.• Bluffland restoration; items may include:

- Partial restoration of Wisconsin approach tothe Lift Bridge

- Removal of Buckhorn sign

• Covenants on excess property owned byWisDOT (Buckhorn Ravine, closed restarea, east of STH 35).

• Remove Terra Terminal building; includinghazardous material removal.

• Remove Xcel Energy mooring cells andbarge unloading facility.

St. Croix River Crossing Project 2006 Supplemental Final Environmental Impact StatementFigure 15-5Loop Trail System - Wisconsin Bluff Cross Section

St. Croix River Crossing Project 2006 Supplemental Final Environmental Impact Statement

Figure 15-6

Photo Simulation of Loop Trail – Near Houlton, WI at STH 64 and CTH E looking NE

Existing view

Proposed view at completion of loop trail and planting

St. Croix River Crossing Project 2006 Supplemental Final Environmental Impact StatementFigure 15-8Preferred Alternative Historic Resources Mitigation Items

95

95

95

E

36

96

35

23

24

21

28

35 64

64

Mai

n

Chestnut

Preferred Alternative

0.5 miles

STILLWATER

HOULTON

New R

iver C

ross

ing

OAK PARK HEIGHTS

BAYPORT

XcelENERGY

WASHINGTON CO.

ST. CROIX CO.

W I S C O N S I NM I N N E S O T A

Osgo

od A

ve.

Beach Rd.St. Croix River

Future Use of the Lift Bridge:• Remove vehicular traffic upon completion of new river

crossing

• Use Lift Bridge as a pedestrian/bicycle facility; part ofloop trail system

• Establish Stillwater Lift Bridge AdvisoryCommittee(SLBAC)

• Establish endowment for operation and maintenance

• Develop Stillwater Lift Bridge Management Planproviding strategies for the short term needs andlong-term preservation

• Complete rehabilitation project after opening of newbridge

Stillwater Commercial Historic District• Enhanced signage from new river crossing and

roadways to downtown Stillwater

• Construction communication plan

• Optimize parking

• Parking lot at Old STH 35/64

Stillwater Cultural Landscape District• Complete study identifying significant

features of District for public use

St. Croix Overlook - South• Restoration of the overlook

• Develop management plan for Maintenance andrehabilitation

• Mn/DOT retains ownership

• Completion of National Register registration form

Kriesel Farmstead• Completion of National Register

Registration form• Construction of berm based on VQM

concepts

Thelen Farmstead• Completion of National Register

Registration form

Log Cabin Restaurant• Parking lot design and reconstruction• Completion of National Register nomination form

South Main archaeological District Hersey and Bean Site

• Protection and stabilization during projectconstruction

• Avoid adverse effect with loop trail design

• Completion of National Registernomination form

Bergstein Shoddy Mill

• Documentation of Shoddy Mill andWarehouse and completion of NationalRegister form (if eligible)

• Relocation and stabilization of ShoddyMill and Warehouse if cost-effective.

Interpretation and Public Education

• Lift Bridge publication

• Develop field guide to Stillwater CulturalLandscape District

St. Croix River Crossing Project 2006 Supplemental Final Environmental Impact StatementFigure 15-9aStandard Practice Mitigation Items

St. Croix River Crossing Project 2006 Supplemental Final Environmental Impact StatementFigure 15-9bRiverway Impacts Mitigation Items

St. Croix River Crossing Project 2006 Supplemental Final Environmental Impact StatementFigure 15-9cGrowth Management and Environmental Stewardship Mitigation Items

St. Croix River Crossing Project 2006 Supplemental Final Environmental Impact StatementFigure 15-9dSection 106 Amended MOA Mitigation Items

st. croix river crossing project … impact statement (ais) in appendix a of this sfeis for...

Documents