04-067 RES
RESOLUTION 04-67
CITY COUNCIL
CITY OF ELK RIVER
RESOLUTION REGARDING THE ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR J & B MINING
A resolution of the City Council of the City of Elk River regarding the
environmental review process for the proposed J & B Mining operation;
setting forth the City Council's findings offact regarding the need for an
Environmental Impact Statement; and declaring that the preparation of an
Environmental Impact Statement is not necessary
WHEREAS, J & B Mining is proposing to mine gravel and peat from
39.42 acre, and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subparts
12.B 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 EA W was published in the
EQB Monitor on July 19, 2004; a press release was given to the Elk River
Star News on July 14, 2004; posted notice was given at the Elk River Public
Library and Elk River City Hall on July 19, 2004; and copies ofthe EAW
were supplied to all persons and agencies on the EQB official EA W
distribution list on July 12, 2004; and,
WHEREAS, comments have been received on the EAW from the
Minnesota Pollution Control Agency, by letter dated August 17, 2004, from
James Sullivan; Minnesota Department of Natural Resources, by letter dated
August 18, 2004, from Kathleen Wallace; and Minnesota Department of
Transportation, by letter dated August 9, 2004, from Claudia Dumont and,
WHEREAS, all substantive comments have been responded to
appropriately by the City as RGU in the staff memorandum to the City
Council, dated September 7, 2004, from Stephen Rohlf, Building and
Environmental Administrator; and,
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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, 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 SEPTEMBER 7, 2004, 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. The project will not cause future development.
D. 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 Tveite and duly
seconded by Council Member Kuester. The following voted in favor of the
resolution:
Acting Mayor Motin, Councilmembers Dietz, Kuester, and Tveite
The following voted against the resolution:
None
The following were absent:
Mayor Klinzing
Whereupon the resolution is adopted.
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Passed and adopted by the City Council of the City of Elk River this 7th day of
September, 2004.
.4~
Paul Motin, Acting Mayor
ATTEST:
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04-67