94-066 RES
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RESOLUTION 94- ~
RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK
RIVER REGARDING THE ENVIRONMENTAL REVIEW PROCESS
FOR THE PROPOSED MINERAL EXCAVATION DISTRICT;
SETTING FORTH THE CITY COUNCIL'S FINDINGS OF FACT
REGARDING THE ENVIRONMENTAL IMPACT STATEMENT; AND
DECLARING THAT THE"ENVIRONMENTAL IMPACT STATEMENT
IS ADEQUATE
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WHEREAS, the City of Elk River (The City) regulates mineral
excavation within the City limits, and thus is the responsible governmental
unit for performing environmental review of impacts associated with
authorizing and/or regulating mineral excavation; and,
WHEREAS, a proposed mineral excavation district of approximately
2,743 acres located in parts of Section 2,3,4,9,10,11,15,16,17,21, and 22,
Township 33, Range 26, Sherburne County, Minnesota has been identified by
the City; and,
WHEREAS, pursuant to Minnesota Rule, Part 4410 (the EQB rules),
the City has conducted an analysis of the environmental impacts of said
mineral excavation; and,
WHEREAS, Barton Sand and Gravel Company, Bauerly Brothers,
Inc., C.S. McCrossan Construction, Inc., Elk River Bituminous, Straightline
Excavating, Midwest Asphalt, Northern Con-Agg, Plaisted Company, and
Shiely Company, (the Miners) supplied data on the Miner's planned mining
and assciated activities within the proposed mineral excavation district to the
City, and the City supplemented this data with further environmental
analysis; and,
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WHEREAS, the City, as the Responsible Governmental Unit (RGU)
pursuant to Minnesota Rule, Part 4410.2100 prepared a Scoping
Environmental Assessment Worksheet (Scoping EAW); and,
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WHEREAS, notice of availability of the Scoping EA W was posted and
a press release was provided to the Elk River Star News on February 5, 1993;
notice of availability of the Scoping EA W was published on February 17,
1993, in the Environmental Quality Board (EQB) Monitor, and copies of the
Scoping EA W were supplied to all persons and agencies on the EQB official
EA W distribution list; and,
WHEREAS, a public meeting was held on March 11, 1993, for all
persons wishing to comment on the Scoping EA \V; and,
WHEREAS, the thirty day period, under EQB Rules for submitting
comments on the Scoping EA W, expired on March 17, 1993; and,
WHEREAS, a Scoping Decision was made and notice of the Scoping
Decision to proceed with the preparation of an EIS, was published in the
EQB Monitor on June 21,1993; and,
WHEREAS, pursuant to Minnesota Rule Part 4410.2600, a Draft
Environmental Impact Statement (DEIS) was prepared that encompassed
the items identified in the Scoping Decision; and,
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WHEREAS, notice of availability of the DEIS was posted at Elk River
City Hall, Elk River Public Library, and the Elk River Municipal Utilities
Office, on February 17, 1994; the DEIS was distributed to all persons and
agencies on the EQB official EIS distribution list on February 22, 1994; legal
notice was placed in the Elk River Star News on February 23, 1994; notice of
availability of the DE IS was published in the EQB Monitor on February 28,
1994; notice of the EIS process was mailed to property owners within the
mineral excavation study area on March 4,1994, and a display ad regarding
the EIS process was placed in the Elk River Star News on March 16,1994;
and,
WHEREAS, a public meeting was held by the Elk River City Council
on March 21, 1994, to receive comments on the DEIS; and,
WHEREAS, the comment period under EQB Rules, for submitting
comments on the DEIS, expired on April 4, 1994; and,
WHEREAS, pursuant to Minnesota Rule Part 4410.2700, a Final
Environment Impact Statement (FEIS) that addressed comments received on
the DEIS was prepared by the City; and,
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WHEREAS, on May 16, 1994, the Elk River City Council approved the
distribution of the FEIS; and,
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WHEREAS, on May 19, 1994, a press release was given to the Elk
River Star News and posted notice of the availability of the FEIS was placed
at the Elk River City Hall, Elk River Public Library, and the Elk River
Municipal Utilities office; legal notice of the availability of the FEIS was
published in the Elk River Star News on May 25,1994; the FEIS was
distributed to all persons and agencies under the EQB's official EIS
distribution list, and notice of the availability of the FEIS was published in
the EQB Monitor on June 6, 1994; and,
WHEREAS, the ten day comment period, under EQB Rules for
submitting comments on the FEIS, expired on June 20,1994; and,
WHEREAS, The comments receive,d on the FEIS and the responses of
the City as RGU are set forth in the attached Exhibit A; and,
WHEREAS, to determine whether'the FEIS is adequate, the City has
applied the criteria set forth in Section 4410.2800 of the EQB Rules.
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NOW, THEREFORE, based on the information gathered during the
EIS process, the comments received on the FEIS, the responses thereto from
the City, the City Council of the City of Elk River makes the following
findings of fact and decision on the adequacy of the EIS for mineral
excavation within the City of Elk River.
1. The environmental review process, mandated by the Minnesota
Environmental Policy Act, and implemented pursuant to the
EQB Rules (Minnesota Rules Parts 4410.0200 to 4410.6500),
has been followed, and this resolution shall be the City's record
of its compliance with the EQB rules and decision in this matter.
2. The potential environmental effects of mineral excavation relate
to noise, air quality concerns as a result of increased traffic and
dust, surface water quality as a result of increased surface water
run-off and sedimentation from exposed areas, ground water
quality, and disruption of native fauna and flora.
3. Other potential effects of mineral excavation relate to land use
issues and social and economic issues.
4. The FEIS addresses the isues raised in the Scoping Decision so
that all issues for which information can be reasonably obtained
have been analyzed.
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5.
The FEIS sets forth a general plan to mitigate the effects of
mineral excavation, and will be used as a reference in the City's
Comprehensive Plan.
6. The FEIS provides responses to the substantive comments
received during the DEIS review concerning issues raised in the
Scoping Decision.
7. Each mineral excavation operation requires a conditional use
permit by the City, through which specific mitigative measures
to lessen negative effects will be addressed.
8. All State and Federal permits and rules regarding mineral
excavation operations will be enforced.
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9. Therefore, the City Council, of the City of Elk River, declares the
Environmental Impact Statement for mineral excavation, within
the City of Elk River, adequate.
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The foregoing resolution was introduced by Councilmember Farber
and duly seconded by Councilmember Ho lmgren . The following voted in
favor of the Resolution:
Mayor Duitsman; Councilmembers Dietz, Scheel, Farber and
Holmgren
The following voted against:
The following were absent:
Whereupon the resolution is adopted.
Passed and adopted by the City Council of the City of Elk River this 20th day
of June, 1994.
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ATTEST:
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andra A. Thackeray, City Clerk ~
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EXHIBIT A
FINAL ENVIRONMENTAL IMPACT STATEMENT
ON MINERAL EXCAVATION
COMMENTS AND RESPONSES
Minnesota Department of Natural Resources (DNR) letter from Thomas
Balcom, dated June 16, 1994.
1. The DNR strongly encourages the City to use the
Comprehensive Plan process, particularly the Master Park
Plan component, to take every opportunity to provide parks
and natural areas, as well as commercial and residential
development.
The City of Elk River is in the process of updating its Comprehensive
Plan and Master Park Plan, and will make due note of the natural
amenities, not just within the mining districts, but throughout the
entire City and will try to preserve these areas where practical and
feasible.
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2.
Minnesota County Biological Survey (CBS) Site #194 has a
status of special concern and CBS sites #227, #239, and #240
have a status of "Threatened".
The City will make due note of the status of these natural communities
and deal with them appropriately through the conditional use permits
for the individual gravel mines.
3. The DNR recommends that the City, through the conditional
use permit process, require monitoring of pumping wells and
development and implementation of water conservation and
recycling plans for pit operations.
The City agrees that these are legitimate issues to consider on a case-
by-case basis through the conditional use permit process.
United Power Association (UPA) letter from James Goodin, dated June 16,
1994.
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1.
UPA states that their radio tower within the mining district is
part of an interconnected electrical transmission system that
involves numerous other utilities in the Midwest. They further
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explained the technical difficulties and expense of relocating
their tower.
The City of Elk River is aware of these issues and will reflect in its
planning that the towers will remain where they are currently located.
The City anticipates no governmental actions to force the towers to
move. When adjacent gravel mines are considered through the
conditional use process, neighboring property owners will be given
written notice of meeting dates so that they can come and express their
concerns.
2. UP A states that they are open to discuss how radio towers and
adjacent mining operations might relate to each other.
The City of Elk River will attempt to facilitate a meeting between the
tower owners and the adjacent miners.
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