Metro District 1500 W. County Road B 2 Roseville, MN Date: July 17, 2018

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1 Metro District 1500 W. County Road B 2 Roseville, MN Date: July 17, 2018 Ryan Hixson FHWA, Area Engineer Federal Highway Administration 380 Jackson Street, Suite 500 St. Paul, Minnesota In reply refer to: Section 4(f) De Minimis Determination Notice of Intent Request for Fort Snelling State Park Minn. Proj. No. not yet available S.P (TH 5) From I 494 to the south end of the TH 5 Mississippi River Bridge Hennepin County Greetings, MnDOT is requesting that FHWA issue a notice of intent to make a determination that the impact of the above reference project on Fort Snelling State Park would be de minimis. Information supporting this request is presented below. 1. General Project Information SP: Federal Project No.: not yet available Route: MN 5 From /To: from I 494 to the south end of the TH 5 Mississippi River Bridge Description of Proposed Improvement: The project includes pavement and bridge repairs, ramp realignment (addressing safety concern), and drainage infrastructure repair. 2. Project Manager Name: Chad Casey Title: Project Manager Address: 1500 W. County Road B 2, Roseville, MN Phone: (651) chad.casey@state.mn.us 3. Description of the Section 4(f) Property. See maps in Attachments: Exhibit A (Fort Snelling State Park map), Exhibit B (Storm water culverts along Snelling Lake), and Exhibit C (Drainage Easements for Culvert #1, 2 and 3. Name: Fort Snelling State Park An equal opportunity employer

2 De Minimis Request S.P (TH 5) Page 2 Date: July 17, 2018 Total Size (acres): 3,711 acres Location: near the confluence of the Minnesota and Mississippi Rivers in Hennepin, Dakota and Ramsey counties. Section 4(f) Property Owner/Manager: Minnesota Department of Natural Resources (DNR) Official(s) with Jurisdiction (OWJ): The Minnesota Department of Natural Resources (MnDNR) owns and maintains Fort Snelling State Park. Contact: Kent Skaar, MNDNR, 500 Lafayette Road, St. Paul MN Type of Section 4(f) Property: Park Function of or Available Activities on the Property: hiking, picnicking, swimming, canoe/kayaking and fishing. Many of these activities are located near Snelling Lake. Description and Location of Existing and Planned Facilities: See above for description and location of Park. According to the MnDNR park brochure (see Exhibit A), Fort Snelling State Park offers trails, picnic areas, swimming beach, picnic shelter, playground equipment, and fishing piers. More information about the Park is available in Exhibit A. Access: Vehicular: Post Road interchange on TH 5 Pedestrian/Bicycle: Minnehaha/Minnesota Valley State Trail, Trail on TH 5 Mississippi River Bridge, Trail on TH 55 Minnesota River Bridge (Mendota Bridge), Trail on I 494 Minnesota River Bridge, Trail on TH 77 Minnesota River Bridge. Watercraft: by canoe or boat along the shores of the Minnesota or Mississippi River Other Features or Attributes Important to the Section 4(f) resource: According to a MnDNR webpage, the Park has over 900,000 annual visitors. 1 The Park is located adjacent to the Fort Snelling Historic Site and the Minnesota Valley National Wildlife Refuge Visitor Center. 4. Impacts to the Section 4(f) Property. TH 5 parallels the west side of Snelling Lake from roughly the Minneapolis St. Paul International Airport entrance to just south of TH 55. The highway is near the edge of the Minnesota River bluff, about 80 to 90 feet above the elevation of Snelling Lake in Fort Snelling State Park. Nine culverts carry storm water drainage from TH 5 down the slope toward Snelling Lake (see Exhibit B for a map of stormwater culvert locations along Snelling Lake). All culvert outlets are on MnDOT right of way except culverts #1, 2 and 3. For the other culverts, after storm water leaves the culverts, the storm water flows overland across Fort Snelling State Park property toward Snelling Lake. Snelling Lake is spring fed, making it relatively clean compared to the Minnesota River. There is a swimming beach on the east side of Snelling Lake. The DNR would like to maintain the water quality of Snelling Lake in order to maintain recreation opportunities at Snelling Lake. The existing culverts were installed in about Many are now in poor condition or have recently required maintenance attention. Soil around several of the culverts has eroded away, exposing the culverts and washing soil down the slope, across a DNR trail (located on MnDOT right of way) and across DNR property. Several problems with erosion, sediment control, slope movement, and deteriorating 1 DNR webpage at US&setlang=en US&w=xwHCykH ppkzquen2q9ivykolu_njl4o, accessed on March 21, 2018.

3 De Minimis Request S.P (TH 5) Page 3 Date: July 17, 2018 pipe conditions are evident along these slopes. If not addressed, all of the current issues can adversely affect TH 5, the trail and Snelling Lake, requiring frequent maintenance. Amount of land impacted (acres): 0.54 acres (23,700 square feet) drainage easements (total) Permanent R/W Acquisition/Easements: Culvert #1 2,500 square feet of drainage easement Culvert #2 18,700 square feet of drainage easement Culvert #3 2,500 square feet of drainage easement Temporary Easements: MnDOT will process separate Temporary Occupancy letters for temporary easements of park and trail properties, and temporary closure of park trails. Functions/Activities Affected: These culverts are already in place but the work will require temporary closure of the Snelling Lake Trail. MnDOT needs the drainage easements for future maintenance activities at culvert #1, 2 and 3. No functions or activities will be affected on a permanent basis. Facilities Affected: none Access Affected: none Other Features or Attributes Affected: none 5. Considerations: Impact avoidance: MnDOT and DNR staff have met several times on this project, discussing alternatives to address erosion issues. Below is summary of decisions on each culvert. Culvert #1 MnDOT will repair erosion at the culvert s outlet. MnDOT is investigating whether this culvert can be abandoned. MnDOT will request a permanent drainage easement from DNR at this culvert to make erosion repairs, and for future maintenance activities. Culvert #2 no change is proposed at this culvert. MnDOT will request a drainage easement from DNR at this culvert for future maintenance activities. Culvert #3 A hole near the outlet of culvert #3 has developed and that will need to be excavated, investigated and repaired as part of the project. MnDOT will request a permanent drainage easement from DNR at this culvert to make erosion repairs, and for future maintenance activities. Culvert #4 no change is proposed at this culvert. Culverts #5, 6, 7 and 8 alternatives considered at culverts #5, 6, 7 and 8 are described below. 1. Consolidate drainage and route through MAC pond #3 This alternative would gather drainage from culverts 5, 6, 7, and 8 between the Minneapolis St. Paul International Airport entrance and TH 55 interchange area, and route the drainage through a new culvert to MAC pond #3 located near the southwest corner of Snelling Lake. The DNR favors this alternative because MAC pond #3 drains to the Minnesota River, thereby bypassing Snelling Lake. MnDOT discussed this option with MAC staff in August 2017 and learned that the Minnesota Pollution Control Agency (MPCA) requires monthly testing of water in MAC pond #3, which receives storm water drainage from the airport tarmac. That storm water could contain deicing chemical, fuels, and other hazardous substances not normally contained in highway runoff. MnDOT s Office of Environmental Stewardship decided MnDOT could share liability for chemical spills released from MAC pond #3

4 De Minimis Request S.P (TH 5) Page 4 Date: July 17, 2018 if it added substantial stormwater to the pond; therefore, MnDOT rejected this alternative. This alternative would have potentially made MnDOT partially liable for any pollution clean up costs at MAC pond #3, regardless of whether the pollution came from MnDOT or MAC property. 2. Consolidate drainage and route through a ponding area below the Minnesota River bluff, then to Snelling Lake This alternative would gather drainage from culverts 5, 6, 7, and 8 between the Minneapolis St. Paul International Airport entrance and TH 55 interchange area, and route the drainage to a new pond below the Minnesota River bluff, then to Snelling Lake. The area of the pond would be approximately 0.36 acres. The project would build the pond on MnDOT right of way as much as possible, but would require about 0.8 acres from Fort Snelling State Park (a Section 4(f) use). The drainage to Snelling Lake would require a drainage easement from the DNR. DNR had concerns that this alternative could affect groundwater seeps, possible archaeological sites, trees, aesthetics and the operation of the Snelling Lake Trail. This alternative would also need temporary easements (permissions) from DNR to close the Snelling Lake Trail to make these repairs. DNR rejected this alternative. 3. Consolidate drainage and route through a ponding area below the Minnesota River bluff, then to Sargent Pond This alternative is similar to the alternative above; however, rather than routing drainage to Snelling Lake, it would route drainage to Sargent Pond. Sargent Pond is located north of Snelling Lake, and is separated by the narrow causeway carrying Tower Road. This alternative was never developed enough to make an estimate of the right of way needed from Fort Snelling State Park, but would have likely been similar to the amount needed for alternative 2 above. This alternative would also need temporary easements (permissions) from DNR to close the Snelling Lake Trail to make these repairs. While this alternative would avoid discharge directly to Snelling Lake, it would result in little to no improvement, as compared to the above alternative, because Sargent Pond and Snelling Lake are connected by a culvert under the causeway, and have the same water elevation (so pond discharges could still enter into Snelling Lake). This alternative could also affect groundwater seeps, possible archaeological sites, trees, aesthetics and the operation of the Snelling Lake Trail; therefore, MnDOT and DNR rejected this alternative. 4. Build a pond on top of the Minnesota River bluff, and then route drainage to Snelling Lake or Sargent Pond There is an open area between the ramp from the TH 5 northbound ramp to westbound TH 55 and the northbound TH 5 mainline. DNR suggested this area as a ponding area. MnDOT Metro staff estimated that a pond of approximately 0.80 acres could be constructed in this area. The pond would be upstream of the drainage areas of culverts #5, 6 and 7, and so stormwater to these culverts would not pass through this new pond. While this alternative does not require any right of way from the Park, it does not address water from culverts 5, 6, 7, and 8; therefore, MnDOT rejected this alternative. 5. Modified No build alternative This alternative combines stormwater currently flowing to culverts #5, 6, 7 and 8 into one culvert near the top of the bluff (roughly parallel to TH 5), and then carries stormwater down the slope in one pipe near the alignment of culvert #6. The culvert s design will use a stepped culvert to dissipate hydraulic energy in the stormwater. MnDOT will need temporary easements from DNR to close the Snelling Lake Trail and make these repairs (the temporary occupancy will be processed in a separate letter). This is the alternative accepted by MnDOT and DNR.

5 De Minimis Request Page 5 S.P {TH 5) Date: July 17, 2018 The modified no-build alternative (alternative 5) addresses the drainage issues at culverts #5, 6, 7, and 8, while minimizing section 4{f) land use and meeting the needs of the project. Alternative #1 is not prudent because it increases MnDOT liability for contaminated stormwater in MAC pond #3. Alternative #2 constructs a pond on DNR property, has the greatest Section 4{f) use, and was rejected by DNR. Alternative 3 was not developed as far as alternative 2, but would have similar impacts as alternative 2. Alternative 4 does not meet the project's needs (addressing drainage at culverts 5, 6, 7, and 8). Culvert #9 - no change is proposed at this culvert. Planning to minimize harm: MnDOT and DNR staff met several times while considering alternatives to address erosion and drainage problems on the west side of Snelling Lake. This resulted in a reduction of Section 4(f) impacts from a maximum impact of 1.34 acres (drainage easement at culverts #1, 2 and 3, plus 0.8 acres under culvert 5, 6, 7 and 8; alternative #2), to 0.54 acres (drainage easement at culverts #1, 2 and 3) under the modified no-build alternative. Mitigation: Mn DOT will pay DNR fair market value for the drainage easements. Enhancement:.none. 6. Coordination with Responsible Official with Jurisdiction {OWJ) Over the Section 4{f) Property: Official with Jurisdiction (OWJ) Statement As the official with jurisdiction over the Section 4(f) resource described in this correspondence, the signature below indicates our agency's agreement with the description of the property as presented in this request and our agreement that the impacts of the proposed action, including consideration of proposed mitigation, as described in this request, will not adversely affect the activities, features and attributes that are important to the resource. We also understand that this information is being presented to FHWAfor its consideration in determining if a de mini mis process may apply to this Section 4(f) property. If so, a copy of this request letter, signed by FHWA and submitted to our agency, will serve as FHWA's notice to the OWJ of its intent make a de minimis determination, conditioned on results of public notice and comment period. Lastly, we understand that following the comment period, our agency will be advised of FHWA'sfinal determination regarding de minimis, in consideration of any subsequent alternative development and public comment. If FHWA makes a final de minimis determination, our agency will be asked to confirm our agreement t above, in consideration of public comment and any additional pertinent information. Kent Skaar, Program Manager Department of Natural Resources 1/J=r/J~ Date

6 De Minimis Request Page 6 S.P (TH 5) Date: July 17, 2018 If after consideration of the information presented in this letter, FHWA intends to make a de minim is determination, conditioned upon consideration of any comments received during the required 30-day public comment period, please indicate by signature below. It is our understanding that FHWA will transmit of copy of this signed letter to the OWJ as notice of FHWA's intent to make a de mini mis finding. Consistent with Section 4(f) requirements, an opportunity for the public to comment on the proposed de minimis finding will be provided. The 30-day public notice period is expected to begin on July 30, 2018 and go through August 29, 2018, and will be noticed in the Star Tribune newspaper. Any comments received regarding this issue during the public review period will be considered by FHWA as part ofthe final de minim is impact determination. The de minim is process, including correspondence related to FHWA's intent to make a de mini mis determination, comments received on the notice of FHWA's intent to make a de minim is determination, FHWA's final de minimis determination, and the OW J's final concurrence will be reported in the Categorical Exclusion document. Sincerely, MnDOT Project Manager Metro District FHWA Intent to Make a De Minimis Determination conditioned on results of public notice and comment period: ~ ~ / FHWA Engineer --L..>o<:~--1f'-'=-"~~'7-""~ l- yc(\ r{,'xsor,...c; =,= Date O 7.b I e Attachments: Exhibit A - Fort Snelling State Park map Exhibit B - Storm water culverts along Snelling Lake Exhibit C -Drainage Easements for Culvert #1, 2 and 3

7 Exhibit A - Fort Snelling State Park map Area of proposed drainage easements for culvert#1, 2 and #3.

8 MAP AND GUIDE: FORT SNELLING STATE PARK 101 SNELLING LAKE ROAD ST. PAUL, MN DAKOTA, HENNEPIN AND RAMSEY COUNTIES VISITOR TIPS Stay on the trail. Do not leave valuables in your car. You are Here maps are located at all major trailheads in the park. Bicycles are not allowed on Pike Island. Help keep our rivers and lakes clean. Check your watercraft for aquatic invasives before and after launching. Call 911 in an emergency. ONLY HAVE AN HOUR? Explore exhibits and a gift shop at the visitor center and then hike the Axel Von Bergen Trail. Watch for wildlife as you hike around Snelling Lake. Pack a picnic. Enjoy a meal overlooking the Minnesota River on Picnic Island or at the beach below planes and viewing the lake. LOOKING FOR MORE TO EXPLORE DURING YOUR STAY? VISIT MNDNR.GOV/FORTSNELLING ABOUT THE PARK The Mississippi and Minnesota rivers have been shaping this area for thousands of years. After the last glaciers retreated, Glacial Lake Agassiz drained its massive basin in western Minnesota. Its meltwater carved the expansive Minnesota River Valley on its way to meet the Mississippi River. Fort Snelling State Park, established in 1961, contains the confluence of these two great rivers. Despite the threat of annual floods, the confluence has been, and continues to be, an important meeting point for a variety of communities. Nestled in the shadow of city freeways and airport flyways, the park offers you unique opportunities to explore the outdoors through trails, picnic sites, a beach, fishing opportunities and more. TRAIL HIGHLIGHTS Experience floodplain forest along two rivers at the park. Pike Island Trail 1, 2 or 3-mile loop Flat Gravel Trails on Pike Island lead you past views of the Minnesota and Mississippi rivers and their confluence. Look for beavers, herons, egrets and river otters along the shoreline. Snelling Lake Trail 2.5-mile loop Flat Gravel Year-round this trail offers excellent views of Snelling Lake. Picnic Island Trail Flat Gravel Experience river views and watch for wildlife on this short trail that passes two reservable picnic shelters. Looking for something more remote? Uneven Gravel Park near the Historic Sibley House and hike or bicycle along the Minnesota River. MORE TO EXPLORE AT THE PARK Look for naturalist programs based out of the visitor center. Check out fishing equipment from the park office and cast a line from one of the fishing piers. Rent a canoe or kayak from the park office and paddle Snelling Lake. Borrow a GPS unit, birding kit or Discovery Pack from the visitor center. 1-mile loop 6 miles one-way Rent snowshoes from the park office and step into a winter wonderland. Tune up your bicycle or rent a bike at the Nice Ride Station near the visitor center. Swim at the beach on Snelling Lake. Walk the trail from the visitor center to Historic Fort Snelling, a site managed by the Minnesota Historical Society. SO EVERYONE CAN ENJOY THE PARK... A FULL SET OF STATE PARK RULES AND REGULATIONS IS AVAILABLE AT THE PARK OFFICE OR MNDNR.GOV. PARK OPEN 8 a.m. 10 p.m. daily. VEHICLE PERMITS Permits required; purchase at park office or entrance station. PETS WELCOME Keep on 6-foot or less leash; pick up after; attend at all times; not allowed in buildings or at beaches. FIREWOOD Purchase only from park office or approved vendor; no gathering firewood in the park. KEEP WILDLIFE WILD Please do not feed wildlife at the park. This will keep you and the animals healthy and safe. WINTER TRAILS Keep winter trails in great shape. Hiking and snowshoeing are not allowed on groomed ski trails. Dogs are not allowed on groomed ski trails. WANT TO KNOW MORE ABOUT FISHING REGULATIONS? VISIT MNDNR.GOV/FISHMN MORE INFORMATION Minnesota Department of Natural Resources Information Center 500 Lafayette Rd., St. Paul, MN or mndnr.gov/parks The Minnesota Department of Natural Resources is an Equal Opportunity Employer. This information may be available in alternative format upon request. 4 2

9 Exhibit B - Storm water culverts along Snelling Lake #9 Sargent Pond #8 MnDOT R/W line #7 #6 #5 Repair culverts #5, 6, 7 and 8 #4 Snelling Lake Trail Snelling Lake #3 Drainage Easement MAC pond #3 #2 #1 Drainage Easement Repair culvert #1 Drainage Easement

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