Agenda - Council - 11/27/2007 - Laserfiche WebLink

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for significant environmental effects, cumulative effects, mitigation by ongoing public regulatory authority, and the anticipation and control of potential environmental effects. Step 10 - Prepare a proposed findings of fact The "findings of fact" is a written document that lists the RGU's findings regarding issues of fact related to the project, and that were used in reaching an appropriate environmental review decision. In other words, the findings of fact is a summary of the RGU's factual and legal reasons for reaching its conclusion. Because citizen petitioners or the project proposer have the ability to appeal environmental review decisions to the county district court in which the project would be located, RGU staff should have - their local government attorney review the proposed findings of fact and suggest changes if necessary. Step 11- Prepare a draft resolution In most cases, reaching a decision regarding a citizen petition for environmental review will involve the local government's council or board. Exceptions to this would be in cases where another local government authority has been delegated decision - making powers for environmental review. Prior to presenting the information before a board/ council for a decision, though, RGU staff may want to consult the local government's attorney when drafting an appropriate resolution. In cases where the RGU staff are uncertain of how the board/council will vote, two draft resolutions should be prepared; one granting the petition and the other denying the petition. Step 12 — Reach all official decision Once the analysis of the project, the proposed findings of fact and the draft resolution are complete, RGU staff should seek appropriate action to deny the petition or order an EAW. In most cases, this step will involve the local government's board /council. RGU staff should follow regular procedures for including this decision at one of the board/council meetings, such as listing the item on the meeting agenda, circulating copies of project - related documents, preparing presentation materials, circulating copies of the draft resolution and proposed findings of fact and verifying that the project proposer and any other consultants /engineering staff will be available at the meeting for questions. Step 13— Preparing the record of decision The "record of decision" is a record of the RGU's investigation and includes various elements related to the project and the environmental review decision. The Record of Decision often includes such items as the meeting minutes and the findings of fact. As suggested with the findings of fact, RGU staff should have their Iocal government attorney review the Record of Decision and suggest changes, if necessary. The attorney will be able to verify that the RGU has legally "covered all the bases." Helpful Tip If an EAW has been ordered, RGU staff will want to schedule a meeting with the project proposer and outline the next steps for preparing the data portions of the EAW. More information on preparing and reviewing EAWs can be found on the EQB's web site or by contacting EQB staff. The EQB's phone number, E -mail, and mailing address are available on the EQB web site at wurw. eqb. state.mn. us . —123—