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<br />e <br /> <br />WHEREAS, all comments received on the EA W have been responded <br />to appropriately by the Developers and City as RGU; 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 its <br />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 if <br />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 in <br />Section 4410.1700 subpart 7 of the EQB Rules. <br /> <br />e <br /> <br />NOW, THEREFORE, BASED ON THE INFORMATION GATHERED <br />DURING THE EA W PROCESS, THE COMMENTS RECEIVED ON THE <br />EAW AND THE RESPONSES THERETO FROM THE DEVELOPERS AND <br />THE CITY, AND THE NEW INFORMATION ON THE PROPOSED <br />PROJECT PRESENTED BY THE DEVELOPERS, THE CITY COUNCIL OF <br />THE CITY OF ELK RIVER MAKES THE FOLLOWING FINDINGS A FACT <br />IN THE DECISION ON THE NEED FOR AN EIS FOR THE COUNTRY <br />CROSSINGS PROJECT: <br /> <br />1. The only potential environmental effects of the Project relate to <br />noise and air quality concerns as a result of increased traffic; <br />and surface water quality as a result of surface water runoff. <br /> <br />2. The City will require of the Developer the right-of-way for the <br />reconstruction of the Orono Road and Highway 10 intersection <br />to accommodate traffic from this development, as permitted by <br />MNDOT. Further, as part of the plat approval process of future <br />phases, the project will pay all costs of on-site traffic <br />improvements necessary to ensure that the project does not <br />degrade the level of service at this intersection. <br /> <br />3. <br /> <br />The Project will reduce the impacts of sediment and erosion on <br />surface water runoff, and consequently, Lake Orono by revising <br />the drainage plan so that all runoff is filtered through <br />sedimentation ponds prior to discharge to receiving bodies. <br />Further, no increase in runoff to the highway ditches will be <br />verified as each phase of the project is platted. The City will <br />also require that erosion control be implemented during <br />construction of each phase according to Best Management <br />Practices. <br /> <br />e <br />