RES 16-72 si(s :4 .,
City of
`- Elk ......„
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River
Resolution 16- 72
A Resolution of the City of Elk River Regarding the Environmental
Assessment Worksheet for Tiller Corporation and Max Steininger, Inc.
WHEREAS, Tiller Corporation and Max Steininger, Inc. Sand and Gravel Mines is
proposing to extract and process aggregate from a 142 acre area; and
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subpart 12,item B,a
mandatory Environmental Assessment Worksheet (EAW) was prepared; and
WHEREAS, the City of Elk River, as the responsible governmental unit (RGU) under
Environmental Quality Board (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
September 12,2016;a press release was provided in the Elk River Star News on September
10,2016; copies were provided for review at Elk River City Hall on August 29,2016; and
copies of the EAW were supplied to all persons and agencies on the EQB official EAW
distribution list on August 31, 2016; and
WHEREAS, Written comments were received from the US Army Corps of Engineers, the
MN Department of Transportation (MnDOT), the MN Historical Society (MnHPO), the
Minnesota.Pollution Control Agency (MPCA) and the MN Department of Natural
Resources (DNR). Verbal comments included the MPCA;and
WHEREAS, all substantive comments have been responded to appropriately by the City
as RGU; 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.
PU ' EAEO BI
NATURE
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River,Minnesota,as follows: Based on the information contained in the EAW,the
comments received and the EAW, and the responses thereto,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 will not adversely affect the area.
B. The project will be subject to ongoing regulator 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.
Passed and adopted this 7th day of November 2016.
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J.1, J. Dietz, a or
ATTEST:
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Tina Allard, City Clerk
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NATURE