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River's Comprehensive Plan. The design of the project more than adequately addresses <br />any environmental concerns and meets the standards in the City of Elk River Code of <br />Ordinances (Shoreland, Floodplain, Excavation, and Conditional Use Permits). The Lake <br />owners are apparently willing to pay for a major portion of the cost of this project at this <br />time and appropriate lands adjacent to the lake are currently available for the disposal of <br />sediment. Now is the time to do this project. <br /> <br />However, no permits can be issued for the project prior to the completion of the <br />environmental review process. Staff feels that the EAW process did not identify any <br />issues with the potential for significant environmental effects. Further, what <br />environmental effects could result from the project are not irreversible and can be <br />controlled and mitigated by the ongoing regulatory authority of the MPCA, DNR, and <br />USACE. Staff recommends the Council makes a negative declaration on the need <br />for an Environmental Impact Statement (EIS) for this project. A resolution <br />regarding the need for an EIS is attached. <br /> <br />The Planning Commission reviewed the proposed lake improvement project on March <br />24, 1998, considered the public testimony given at that meeting, and are recommending <br />approval of the project. Staff is also recommending approval of the described Lake <br />Orono Improvement Project under the following stipulations: <br /> <br />1. That archaeological issues are resolved on the Orono Cemetery and Island View <br /> disposal sites. <br /> <br />2. The city's approval is contingent on the issuance of the following other permits: <br /> <br />· Protected Waters Permit by the DNR <br />· Water Appropriation Permit by the DNR <br />· Individual USACE Permit <br />· Water Quality Certification (401) by MPCA <br />· State Disposal System Permit by MPCA <br />· National Pollutant Discharge Elimination System Permit by MPCA <br /> <br />3. The wetlands are delineated on the disposal sites and none are affected by the project. <br /> <br />4. An EIS is not required. <br /> <br /> <br />