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AGENDA ITEM 6 B • STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: January 8, 2007 TOPIC: PUBLIC HEARING and Resolution No. 07 -06, Negative Declaration On The Need for An Environmental Impact Statement for Nature's Refuge VOTE: 3/5 BACKGROUND An Environmental Assessment Worksheet (EAW) was been prepared for the Nature's Refuge conservation development project as prescribed by state environmental review requirements. We have gone through the review process. The next and final step is the decision that an Environmental Impact Statement is not necessary. Prior to doing so, the City Council preferred to hold a public hearing. The EAW was filed with the Minnesota Environmental Quality board and circulated for review and comments to the required distribution list. A Notice of Availability was published in the EQB Monitor on October 23, 2006. The thirty -day comment period closed on November 22, 2006. We received a number of written comments from agencies and citizens. The City must respond to every substantive comment. The City must decide, based on the EAW information, if an Environmental Impact Statement should be prepared for the project. In doing so, we must prepare a record of decision that includes information supporting the decision. The attached Record of Decision document includes findings, comments and responses, and conclusions. The comments we received are summarized and our responses follow them in the section "EAW Comment and Responses ". The actual commenting letters and e-mails are included as well. The Environmental Board reviewed a draft of the Record of Decision on December 20. Staff has revised the document based on the Environmental Board recommendations. OPTIONS 1. Approve Resolution 07 -06 making a negative declaration on the need for an Environmental Impact Statement for Nature's Refuge and approving the Record of Decision. 2. Return to staff with direction RECOMMENDATION Option 1