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RES 11-15• RESOLUTION I 1-15 CITY OF ELK RIVER RESOLUTION REGARDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR PLAISTED COMPANIES A resolution of the City Council of the City of Elk River regarding the environmental review process for the proposed Plaisted Companies Sand & Gravel Mining Operation; setting forth the City Council's findings of fact regarding the need for an Environmental Impact Statement; and declaring that the preparation of an Environmental Impact Statement is not necessary WHEREAS, Plaisted Companies Sand & Gravel Mining Operation is proposing to extract and process aggregates from a 30.6 acre parcel of property, and, WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subparts 19.D a mandatory Environmental Assessment Worksheet (EAW) was prepared under Minnesota Environmental Policy Act (MEPA); and, • WHEREAS, the City of Elk River, as the responsible governmental unit (RGU) under EQB Rules, prepared an EAW as required by EQB Rules; and, WHEREAS, notice of availability of the EAW was published in the EQB Monitor on February 7, 2011; a press release was given to the Elk River Star News on January 31, 2011; posted notice was given at the Elk River Public Library and Elk River City Hall on January 31, 2011; and copies of the EAW were supplied to all persons and agencies on the EQB official EAW distribution list on January 31, 2011; and, WHEREAS, comments have been received on the EAW from Mark Basiletti, Sherburne Soil & Water Conservation District, February 24, 2011; Karen Kromar, Minnesota Pollution Control Agency, March 9, 2011; Keith Parker, Minnesota Department of Natural Resources, March 7, 2011 and Claudia Dumont, Minnesota Department of Transportation, March 3, 2011; and, WHEREAS, all substantive comments have been responded to appropriately by the City as RGU in the staff memorandum to the City Council, dated Apri14, 2011, from Rebecca Haug, Environmental Administrator; and, WHEREAS, the environmental review process mandated by the Minnesota Environmental Policy Act and implemented through the EQB Rules has been followed and this resolution shall be the City's record of its compliance with the EQB Rules and decision • in this matter; and, WHEREAS, the City, as RGU, shall order the preparation of an EIS if the Project • has the potential for significant environmental effects; and, WHEREAS, in deciding whether a project has the potential for significant environmental effects, the City is to apply the criteria. set forth in Section 4410.1700 subparts 6 & 7 of the EQB Rules. NOW, THEREFORE, BE IT RESOLVED that based on the information contained in the EAW, the comments received on the EAW, and the responses thereto from City staff in their memorandum to the Council dated Apri14, 2011, the City Council of the City of Elk River finds the project does not require the preparation of an Environmental Impact Statement for the following reasons: A. The environmental effects of the project are minimal. B. The project will be subject to ongoing regulatory authority of the City of Elk River and other state agencies. C. Future development in the area of the project will be subject to the requirements of the EQB Rules and will be subject to the ongoing regulatory authority of the City and other governmental agencies. The foregoing resolution was introduced by Council Member Westgaard and duly seconded by Council Member Motin The following voted in favor of the resolution: • Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard, and Motin. The following voted against the resolution: None. The following were absent: None. Whereupon the resolution is adopted. Passed and adopted by the City Council of the City of Elk River this 4~ day of April, 2011. 1 hn J. ietz ayor ATTEST: ,,n l/ l~/~ `'. .-'" Tina Allard, City Clerk •