DEPARTMENT: Attorney
FILE TYPE: Consent Action
TITLE
title
Authorization To Join The Metropolitan Council In Challenging Environmental Impact Statement Adequacy Determination For Nelson Mine Backwater Project
end
PURPOSE/ACTION REQUESTED
Authorize the County Attorney’s Office to file, along with the Metropolitan Council, a petition for review of the City of Cottage Grove’s (Cottage Grove) Determination of Adequacy of the Environmental Impact Statement for the Nelson Mine Backwater Project.
SUMMARY
Amrize Midwest Inc. (Amrize) is proposing to move its mine area that supports its existing Nelson Sand & Gravel Mine Facility. Details of the project and environmental review can be found here: <https://www.cottagegrovemn.gov/598/Nelson-Mine-Backwaters-Project-EIS>. The planned new mine area would be an approximately 395-acre parcel of land within the backwaters of the Mississippi River on Lower Grey Cloud Island, and the move would occur over a 20- to 25-year period. The project required the completion of an Environmental Impact Statement (EIS). Cottage Grove is the Responsible Government Unit designated for the EIS and is responsible for verifying the accuracy of environmental documents and complying with environmental review processes. Minnesota Rules Chapter 4410 control the environmental review process.
The proposed mine will reach 200’ deep in the Mississippi River approximately 2,000’ from Schaar’s Bluff in Spring Lake Park Reserve. See attached Map. Spring Lake Park Reserve is located on a west-to-east flowing reach of the Mississippi River with north-facing bluffs and river terraces that support rare ecosystems and offer expansive river views. As one of seven “park reserves” in the Twin Cities Metropolitan Park System, Spring Lake Park Reserve is distinguished by its close relationship with the Mississippi River and its breadth of cultural and natural resources. The County has made and will continue to make significant investment in the Spring Lake Park Reserve for the preservation of its natural resources and as a destination for public recreation. The Schaar’s Bluff Gathering Center is a primary attraction of the park, along with its trailhead connection to trails (including part of the National Mississippi River Trail), picnic areas, overlooks and other amenities for the Mississippi River. The proposed mining operation will impact a generation’s use of the Spring Lake Park Reserve.
Dakota County provided written comments to the draft EIS by letter dated January 16, 2025 (attached). The Comment letter covered the following concerns:
1. Noise Impacts
2. Visual Impacts
3. Light Pollution
4. Impacts on Wildlife and the Mississippi River
5. Recreational impacts on Spring Lake and the Mississippi River users
6. Potential Upstream Flooding
This fall, the County reviewed the Final EIS and concluded that it was substantially unchanged from the Draft EIS and non-responsive to the County’s substantive comments and lacking in mitigation measures related to Spring Lake Park Reserve. By letter dated October 24, 2025, Dakota County addressed these substantive concerns regarding the Final EIS.
The determination of adequacy of the Final EIS was on the Cottage Grove consent agenda on November 5, 2025. Cottage Grove received numerous comments objecting to the adequacy of the Final EIS, including comments from the Minnesota DNR, U.S. Army Corp of Engineers, Minnesota Stat Historic Preservation Office, Shakopee Mdewakanton Sioux Community, Metropolitan Council, Friends of the Mississippi River and Minnesota Indian Affairs Council. See <https://cottagegrovemn.portal.civicclerk.com/event/846/files/attachment/4969> The Cottage Grove City Council determined the Final EIS to be adequate by vote on the consent agenda.
Pursuant to Minnesota Rule 4410.2800, a final EIS shall be determined adequate if it:
A. addresses the potentially significant issues and alternatives raised in scoping so that all significant issues for which information can be reasonably obtained have been analyzed in conformance with part 4410.2300, items G and H;
B. provides responses to the substantive comments received during the draft EIS review concerning issues raised in scoping; and
C. was prepared in compliance with the procedures of the act and parts 4410.0200 to 4410.6500.
Dakota County staff believe the Final EIS is both procedurally and substantive inadequate.
The Metropolitan Council is charged under state law with overseeing the acquisition and development of the regional parks system. Dakota County is the implementing agency for the metropolitan regional parks within Dakota County. The Metropolitan Council has also commented on the EIS, reiterating the County’s concerns and raising additional issues. Metropolitan Council and Dakota County share a similar interest in mitigating environmental impacts to the impacts to the Regional Parks and Trails System by the proposed mine expansion into the Mississippi river.
A person aggrieved by a final decision on the adequacy of an environmental impact statement is entitled to judicial review of the decision by a petition for a writ of certiorari to the Minnesota Court of Appeals. The writ must be filed by December 18, 2025.
RECOMMENDATION
recommendation
The County Manager and the Dakota County Attorney recommend the County Board authorize the Dakota County Attorney file, along with the Metropolitan Council, a petition for review of the Cottage Grove Determination of Adequacy of the Environmental Impact Statement for the Nelson Mine Backwater Project.
end
EXPLANATION OF FISCAL/FTE IMPACTS
The review is based on the current record in the EIS review process. Other than staff time and typical administrative and service costs associated with an appeal, there are no anticipated significant costs associated this this action.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, Amrize Midwest Inc. (Amrize) is proposing to move its mine area that supports its existing Nelson Sand & Gravel Mine Facility; and
WHEREAS, the planned new mine area would be an approximately 395-acre parcel of privately owned land that the company leases in the backwaters of the Mississippi River on Lower Grey Cloud Island, and the move would occur over a 20- to 25-year period; and
WHEREAS, the proposed mining operation will impact a generation’s use of Dakota County’s Spring Lake Park Reserve; and
WHEREAS, the project required the completion of an Environmental Impact Statement (EIS); and
WHEREAS, Cottage Grove is the Responsible Government Unit designated for the EIS and is responsible for verifying the accuracy of environmental documents and complying with environmental review processes; and
WHEREAS, Minnesota Rules Chapter 4410 control the environmental review process; and
WHEREAS, Spring Lake Park Reserve is located on a west-to-east flowing reach of the Mississippi River with north-facing bluffs and river terraces that support rare ecosystems and offer expansive river views;
WHEREAS, as one of seven “park reserves” in the Twin Cities Metropolitan Park System, Spring Lake Park Reserve is distinguished by its close relationship with the Mississippi River and its breadth of cultural and natural resources; and
WHEREAS, the County has made and will continue to make significant investment in the Spring Lake Park Reserve for the preservation of its natural resources and as a destination for public recreation; and
WHEREAS, the Schaar’s Bluff Gathering Center is a primary attraction of the park, along with its trailhead connection to trails (including part of the National Mississippi River Trail), picnic areas, overlooks and other amenities for the Mississippi River; and
WHEREAS, the proposed mine will reach 200’ deep in the Mississippi River approximately 2,000’ from Schaar’s Bluff in Spring Lake Park Reserve; and
WHEREAS, Dakota County provided written comments to the draft EIS by letter dated January 16, 2025 noting following concerns:
1. Noise Impacts
2. Visual Impacts
3. Light Pollution
4. Impacts on Wildlife and the Mississippi River
5. Recreational impacts on Spring Lake and the Mississippi River users
6. Potential Upstream Flooding
; and
WHEREAS, Final EIS was substantially unchanged from the Draft EIS and non-responsive to the County’s substantive comments and lacking in mitigation measures related to Spring Lake Park Reserve; and
WHEREAS, by letter dated October 24, 2025, Dakota County addressed these substantive and procedural concerns regarding the Final EIS; and
WHEREAS, the determination of adequacy of the Final EIS was on the Cottage Grove consent agenda on November 5, 2025; and
WHEREAS, Cottage Grove received numerous comments objecting to the adequacy of the Final EIS, including comments from the Minnesota DNR, U.S. Army Corp of Engineers, Minnesota Stat Historic Preservation Office, Shakopee Mdewakanton Sioux Community, Metropolitan Council, Friends of the Mississippi River and Minnesota Indian Affairs Council; and
WHEREAS, the Cottage Grove City Council determined the Final EIS to be adequate by vote on the consent agenda; and
WHEREAS, Dakota County finds the Final EIS to be both procedurally and substantive inadequate; and
WHEREAS, the Metropolitan Council is charged under state law with overseeing the acquisition and development of the regional parks system; and
WHEREAS, Dakota County is the implementing agency for the metropolitan parks within Dakota County; and
WHEREAS, the Metropolitan Council has also commented on the EIS, reiterating the County’s concerns and raising additional issues; and
WHEREAS, Metropolitan Council and Dakota County share a similar interest in mitigating environmental impacts to the impacts to the Regional Parks and Trails System by the proposed mine expansion into the Mississippi river; and
WHEREAS, a person aggrieved by a final decision on the adequacy of an environmental impact statement is entitled to judicial review of the decision by a petition for a writ of certiorari to the Minnesota Court of Appeals.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Attorney’s Office to coordinate with the Metropolitan Council and petition for review of the City of Cottage Grove’s Determination of Adequacy of the Environmental Impact Statement for the Nelson Mine Backwater Project.
end
PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Map of Spring Lake Park Reserve
Attachment: Dakota County Comments Letter January 2025
Attachment: Dakota County Comments Letter October 2025
BOARD GOALS
☐ Thriving People ☒ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Tom Donely
Author: Tom Donely