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WHEREAS, all substantive comments have been responded to <br />appropriately by the City as RGU in the staff memorandum to the City <br />Council, dated September 7, 2004, from Stephen Rohlf, Building and <br />Environmental Administrator; and, <br /> <br /> WHEREAS, the environmental review process mandated by the <br />Minnesota Environmental Policy Act and implemented through the EQB <br />Rules has been followed and this resolution shall be the City's record of <br />its compliance with the EQB Rules and decision in this matter; and, <br /> <br /> WHEREAS, the City, as RGU, shall order the preparation of an EIS <br />if the Project has the potential for significant environmental effects; and, <br /> <br /> WHEREAS, in deciding whether a project has the potential for <br />significant environmental effects, the City is to apply the criteria set forth <br />in Section 4410.1700 subparts 6 & 7 of the EQB Rules. <br /> <br /> NOW, THEREFORE, BASED ON THE INFORMATION CONTAINED <br />IN THE EAW, THE COMMENTS RECEIVED ON THE EAW, AND THE <br />RESPONSES THERETO FROM CITY STAFF IN THEIR MEMORANDUM <br />TO THE COUNCIL DATED SEPTEMBER 7, 2004, THE CITY COUNCIL OF <br />THE CITY OF ELK RIVER FINDS THE PROJECT DOES NOT REQUIRE <br />THE PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT FOR <br />THE FOLLOWING REASONS: <br /> <br />A. The environmental effects of the Project are minimal. <br />B. The project will be subject to ongoing regulatory authority of the <br /> City of Elk River and other state agencies. <br />C. The project will not cause future development. <br />D. Future development in the area of the Project will be subject to <br /> the requirements of the EQB Rules and will be subject to the <br /> ongoing regulatory authority of the City and other governmental <br /> agencies. <br /> <br /> <br />