07-060 RES
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RESOLUTION 07-60
CITY COUNCIL
CITY OF ELK RIVER
RESOLUTION REGARDING THE ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR THE TILLER CORPORATION SAND AND GRAVEL
MINING FACILITY
A resolution of the City Council of the City of Elk River regarding the environmental review
process for the proposed Tiller Corporation Sand and Gravel Mine Project; 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, Tiller Corporation Sand and Gravel Mine Project is proposing to increase the
overall life of the facility by approximately 5-10 years. A primary crushing
unit will be operated adjacent to the active face on the floor of the mining
operation. Approximately 19.53 acres of the 36-acre site will be mined and
reclaimed to facilitate in the overall end use grades of the area. The gravel
mined will be conveyed to Tiller's main operations and stockpiling area
located to the northwest of the subject parcel for further processing. At the
conclusion of mining, the site will be returned to its current zone Single
Family Residential (R1a); and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subparts 14.B.(2) 19.D, and 32
(EQB Rules) the Project requires the preparation of a mandatory
Environmental Assessment Worksheet (EAW) under Minnesota
Environmental Policy Act (MEP A); and,
WHEREAS, the City of Elk River, as the responsible govemmental unit (RGU) under
EQB Rules, prepared an EA W as required by EQB Rules; and,
WHEREAS, notice of availability of the EA W was published in the EQB Monitor on
April 16, 2007; a press release was given to the Elk River Star News on April
13,2007; posted notice was given at the Elk River Public Library and Elk
River City Hall on April 13, 2007; and copies of the EA W were supplied to
all persons and agencies on the EQB official EA W distribution list; and,
WHEREAS, comments were not received 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,
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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, based on the information contained in the
Environmental Assessment Workheet, the comments received on the EA W,
and the responses thereto from city staff in their memorandum to the City
Council dated June 18, 2007, 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 Project does not have potential for significant environmental
effects and the 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 Farber and duly
seconded by Council Member Zerwas.
The following voted in favor of the resolution: Mayor Klinzing, Councilmembers Zerwas,
Gumphrey, Farber, and Morin
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 18th day of June, 2007.
~Zin~
ATTEST:
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Tina Allard, City C erk