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,., "'" " ..... RESOLUTION No. 98-072 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT THAT THE PREP ARA TION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET IS NOT NECESSARY FOR PROPOSED STONY LAKE ESTATES WITHIN THE CITY i OF NEW BRIGHTON (1615 SILVER LAKE ROAD). WHEREAS, a citizen petition has been filed for the preparation of an Environmental Assessment Worksheet to determine the environmental effects of a proposed preliminary plat as requested by Larry Beach; and WHEREAS, the procedural history of the application is as follows: 1. An application for preliminary plat was filed with the City of New Brighton on May 29, 1998. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on June 16, 1998, and all persons present at the hearing were given an opportunity to be heard. 3. On June 23, 1998, the City Council considered PL-246 and tabled the item pending submittal of additional information including a tree identification plan, a preliminary environmental assessment, and a revised grading and drainage plan. 4. On July 1, 1998, the City received a citizen petition for an EA W on Stony Lake Estates. 5. On July 14, 1998, the City Council considered the need for an EA W. Now, THEREFORE BE IT RESOLVED, the City Council ofthe City of New Brighton now makes the following Findings of Fact in respect to the petition for an EA W: , ~ ," 1. The City of New Brighton has been designated by the Environmental Quality Board, as the responsible governmental unit (RGU) to decide the need for an EA W. 2. The purpose of an EA W is to assess the environmental effects that may be associated with a proposed project, and to determine whether an Environmental Impact Statement (EIS) is necessary . 3. The Environmental Quality Board provides guidelines to determine whether an EA W is necessary. 4. The proposed development falls under the category of "Exempt" for the following reasons: a. The proposed development is not located within a shore land area, a flood plain, a state or federally designated wild and scenic rivers district, the Minnesota River Project Riverbend area or the Mississippi headwaters. b. The proposed development contains less than 40 units. 5. In 1980 there was a Blandings Turtle located in this area (within 1 mile of the subject site). Blandings Turtle is on the Minnesota Endangered Species list. 6. On the recommendation of the DNR, the developer contracted John Moriarity to study the subject site to determine ifthe Blanding Turtle is specifically located on this site. 7. The study conducted by Mr. Moriarity concluded that this site is not suitable for Blandings Turtles (see attached letter of findings). 8. The proposed grading and drainage plan will not negatively impact on adjacent properties. Said Plans, which include filling Type 1 wetland and filling and draining of a Type 6 wetland, have been reviewed and approved, subject to conditions, by the Rice Creek Watershed District.