03-014 RESRESOLUTION 03-1/~
CITY COUNCIL
CITY OF ELK RIVER
RESOLUTION REGARDING THE ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR THE SCHMIDT GRAVEL MINE PROJECT
A resolution of the City Council of the City of Elk River regarding the
environmental review process for the proposed Schmidt Mineral
Excavation 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, Schmidt Gravel Mining is proposing to mine 14.81
acres of a 66.06 acres site, and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.1000,
Subparts 3.D a discretionary Environmental Assessment Worksheet was
initiated by the petitioner (EAW) 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 EAW was published in the
EQB Monitor on January 20, 2003; a press release was given to the Elk
River Star News on January 14, 2003; posted notice was given at the Elk
River Public Library and Elk River City Hall on January 14, 2003; and
copies of the EAW were supplied to all persons and agencies on the EQB
official EAW distribution list; and,
WHEREAS, comments have been received on the EAW from the
Minnesota Department of Natural Resources, by letter dated February
12, 2003, from Kathleen A. Wallace and,
WHEREAS, all substantive comments have been responded to
appropriately by the City as RGU in the staff memorandum to the City
Council, dated March 17, 2003, from Stephen Rohlf, Building and
Environmental Administrator; 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 ElS
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 MARCH 17, 2003, 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 following voted against the resolution:
The following were absent:
Whereupon the resolution is adopted.
Passed and adopted by the City Council of the City of Elk River this 17th day
of March, 2003.
Louise Kuester, Vice Mayor
ATTEST:
Sandra A. Peine, City Clerk