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City of Elk River City Council Resolution 25-42 A Resolution of the City Council of the City of Elk River Approving the Record of Decision and a Negative Declaration of Need for an Environmental Impact Statement (EIS) for the Oakwater Ridge Residential Subdivision WHEREAS, Capstone Homes ("Applicant") proposes to develop a residential subdivision which includes approximately 536 single-family homes along with the associated infrastructure such as roads, utilities, sidewalks, trails, and stormwater ponds ("Pro)ect"); and WHEREAS, the Project falls within the mandatory environmental assessment worksheet ("EAW") category of Minn. Rules part 4410.4300, Subd. 19 D; and WHEREAS, the City of Elk River is the Responsible Governmental Unit ("RGU"); and WHEREAS, an EAW was prepared by Kjolhaug Environmental Services Company, on behalf of the Applicant, and submitted the document to the City of Elk River, consistent with Minn. Rules Part 4410.1400; and WHEREAS, the City of Elk River provided a copy of the EAW to all public agencies on the EAW distribution list and published the EANX7 in the EQB Monitor on May 20, 2025, in accordance with applicable state laws, rules, and regulations; and WHEREAS, the EAW comment period lasted from May 20, 2025, to June 20, 2025, and regulatory agencies submitted written comments during the comment period; and WHEREAS, the City of Elk River acknowledges the comments received within the comment period the State Historic Preservation Office, and Minnesota Pollution Control Agency, and WHEREAS, the Applicant's consultant generated a response to the comments, and prepared a Record of Decision and Findings of Fact and Conclusions; and WHEREAS, City staff reviewed the proposed Record of Decision and finds it to be consistent with the evidence submitted to the city and the applicable statutes and regulations, to the best of their knowledge, and recommends the City Council approve the Findings of Fact and Record of Decision received July 16, 2025, and determine that no environmental impact statement ("EIS") is necessary, reasonable or warranted with respect to the project under the circumstances; and [®NEIII 11 NATURE