EDC 06-18-2013 - Laserfiche WebLink

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EDC Meeting Notes June 18,2013 Page 5 MPCA indicated that the state legislature is working with MCPA on possible regulations to restrict development on or near dumps. MPCA Demands for Additional Venting Over the course of the last year, the agency has intensified its demands on the City with respect to the methane issue at Block E. The requested additional venting could be an appropriate next step that would be useful to further position the site for development and it will likely be necessary as part of any future development. However, given the significance of the MPCA's new development concerns, the City is hesitant to proceed with additional venting efforts now (which are not needed currently given the vacant land use)without further resolution of MPCA's dump development concerns. Rather than further engaging in this important discussion, MPCA sent a second letter(copy attached) last month as a follow-up to a recent meeting. The letter ignores the City's concerns about restricting development and claims the City is in violation of the approved RAP and repeats demands for additional venting. In addition,the agency threatens to take other actions, including treating the City as a responsible party under MERLA (the State's Superfund program) and removing the New Brighton Exchange project from the MPCA VIC Program. City Position The City acknowledges that there is elevated methane at Block E and that additional mitigation measures are needed, but prefers to coordinate any further mitigation with future development. There is the very real possibility that venting installed now may need to be removed or relocated with future buildings or other site improvements. In addition,the City wants to further engage MCPA regarding their recent shift in the agency's posture regarding dump development before proceeding with further venting. Response Options In working with Barr and our environmental attorney,the City does have some options in how we choose to respond. Some of these options are not mutually exclusive and could run concurrently. o Maintain the City's current position and address the need for further venting as part of future development. The risk is that the City and the MPCA's positions will harden further and that the dispute could cloud the site and potential development prospects. To some extent, the agency's position(especially new policy guidance on development on or near dumps) already creates some uncertainty for development on the east side. In visiting with Ryan Co. they are obviously concerned about the implications for prospective development.