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4.1. SR 02-15-1993 ITEM 4. 1. TO: MAYOR AND CITY COUNCIL FROM: WILLIAM RUBIN, ED COORDINATOtJ~ DATE: FEBRUARY 9, 1993 SUBJECT: AUTHORIZE PUBLICATION OF FINDINGS (DTED FUNDS - TESCOM PROJECT) INTRODUCTION On February 1, 1993, the Economic Development Coordinator, acting as the Environmental Certifying Officer, initiated an Environmental Review-Environmental Assessment of the Tescom expansion project by requesting comments from various state agencies, federal agencies, and interested groups, etc. BACKGROUND . This Environmental Review relates to the Department of Trade and Economic Development (DTED) funding a $250,000 Small Cities Economic Development Program Grant to assist with the Tescom expansion. Before DTED can commit any of its funds, an applicant (that is, the City) must complete an Environmental Review. This review is a requirement of the National Environmental Policy Act. The review concerns itself with areas such as historic properties, flood plain management, wet land protection, endangered species, air quality, etc. Based on this review, the grantee (that is, the City) makes certain findings to determine whether or not a significant impact on the environment, will occur as a result of the DTED-funded project. This same process was followed in July and relative to Tescom's anticipated expansion on immediately east of its existing facility. Company is pursuing an alternative site, a Review was necessitated. August, 1992, the vacant lot Now that the new Environmental When the Environmental Review is completed, the grantee is required to publish a Finding of No Significant Impact (FONSI) and a Notice of Intent to Request Release of Funds (NOI/RROF). This notice is published in a newspaper of general circulation and is sent to the same persons and agencies that received the earlier Environmental Assessment Notice. . Based on the lack of comments from the various agencies and groups, the Environmental Certifying Officer has determined that Tescom's project on the alternate site will not result in any adverse impacts. 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 . . . ACTION REQUESTED Page 2 At its February 15 meeting, the Elk River City Council will be asked to simultaneously publish the Finding of No Significant Impact and Notice of Intent to Request Release of Funds. RECOMMENDATION I recommend that the Elk River publication of this notice. Council City authorize . . . COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS Date: February 17, 1993 CITY OF ELK RIVER 720 DODGE AVENUE NW ELK RIVER, MN 55330 TO ALL INTERESTED PARTIES, GROUPS AND PERSONS: The purpose of this notice is to identify two separate but related actions to be taken by the City of Elk River. On or about March 5, 1993, the City named above will request the Division of Community Development (DCD) , Minnesota Department of Trade and Economic Development, to release Federal funds under Title I of the Housing and Community Development Act of 1974, as amended (PL 98-181) for the following project: PROJECT TITLE: PROJECT PURPOSE: PROJECT LOCATION: Tescom Corporation, Inc. Expansion Economic Development Program Loan to Tescom Corporation City of Elk River, Sherburne County, Minnesota Finding of No Significant Impact It has been determined that such constitute an action significantly environment and the above-named environmental impact statement under of 1969 (PL 91-190). request for release of funds will not affecting the quality of the human City has decided not to prepare an the National Environmental Policy Act The reasons not to prepare such statement are as follows: 1. There will be no negative impacts on the environment as a result of the project to be undertaken with Small Cities Development Program funds. 2. The project will not affect local, state, or potential historic, architectural or archeological resources. 3. This project is consistent with the Comprehensive Plan and zoning of the City of Elk River. 4. This project will not displace individuals or families or businesses. An Environmental Review Record respecting this project has been made by the City named above that documents the environmental review of the project and fully sets forth the reasons why such statement is not required. This Environmental Review Record is on file at the above address and is available for public examination and copying, upon request at the Elk River City Hall, 720 Dodge Avenue NW, Elk River, Minnesota between the hours of 8:00 a.m. and 4:30 p.m. . . . No further environmental review of this project is to be conducted before the request for release of federal funds. Public Comments on Finding All interested agencies, groups and persons disagreeing with this decision are invited to submit written comments for consideration by the City to the Elk River City Hall, 720 Dodge Avenue NW, Elk River, Minnesota. Written comments should be received at this address on or before March 4, 1993. All comments received will be considered and the City will not request the release of federal funds or take any administrative action on this project before the date specified in the preceding sentence. Release of Funds The City of Elk River will undertake the project described above with Block Grant funds from the Division of Community Development (DCD) under Title I of the Housing and Community Development Act of 1974. The City of Elk River is certifying to DCD that the City of Elk River and Henry Duitsman, in his official capacity as Mayor consent to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision making and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval the City of Elk River may use Block Grant funds and DCD and the u.s. Department of Housing and Urban Development will have satisfied their responsibilities under the National Environmental Policy Act of 1969. Objections to state Release of Funds DCD will accept an objection to its approval only if it is on one of the following bases: (a) that the certification was not executed by the certifying officer or other officer of grantee approved by DCD; or (b) that the City of Elk River's environmental review record for the project indicates omission of a required decision, finding or step applicable to the project in the environmental review process. Objections must be prepared and submitted in accordance with the required procedure (24 CFR Part 58) and may be addressed to DCD at 500 Metro Square, 121 7th Place East, st. Paul, Minnesota 55101-2146. Objections to the release of funds for reasons other than those stated above will not be considered by DCD. No objection received after March 19, 1993, will be considered by DCD. Authorized this 15th day of February, 1993. William Rubin Environmental Certifying Officer 720 Dodge Avenue NW Elk River, MN 55330