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1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />Response to Anoka County Comments of April 25, 1988 re: Gateway <br />Airport EID <br />1. Page 2-11 - As a point of clarification, the statement "the recent <br />approval of Flying Cloud Landfill" refers to Metropolitan <br />Council's approval of the expansion. Final approval from MPCA and <br />approval of a conditional use permit from Eden Prairie have not <br />been received. <br />2. Figure 2-7 has been revised to reflect the correct northern <br />boundary of Site P between the existing fill and Site P. <br />3. Page 2-18 and 2-19 - Regarding intrinsic suitability. No comment <br />other than "Site P" and "intrinsically suited" are a contradiction <br />in terms. <br />4. The airport safety zoning ordinance was the subject of a <br />referendum election on April 19 at which time the election results <br />were opposed to the ordinance. The City is currently reviewing <br />its options relative to airport zoning. Section 473.811, <br />subdivision 4a stipulates "with the approval of the Council, local <br />government units may impose and enforce reasonable conditions <br />respecting the construction, operation, inspection, monitoring and <br />maintenance of the disposal facilities." <br />MR7035.1000 subparagraph 2 (stat. authority 116.07 subd. 4) <br />addresses plan approval and permits. Subp. 2 specifically states, <br />"Conformance with other law. Although a permit shall be granted <br />the same shall become effective only if the location of the site <br />or facility shall conform to all applicable federal, state, and <br />local laws, ordinances, and regulations." (underlining added) <br />Airport safety zoning as well as other local ordinances consistent <br />with federal, state and regional laws, regulations and policies <br />are ultimately binding on the selection process. <br />5. Section 473.806 development limitations specifically refer to <br />development within the inventory site and buffer. Subd. 1 states, <br />"In order to permit the comparative evaluation of sites and the <br />participation of affected localities in decisions about the use of <br />sites, a metropolitan development limitation is hereby imposed as <br />provided in this subdivision on development within the area of <br />each site and buffer area proposed by a county pursuant to section <br />473.803 subd. la". "No development shall be allowed to occur <br />within the area of a site or buffer area during the period of the <br />metropolitan development limitation without the approval of the <br />Council." (underlining added) <br />The proposed airport improvements are outside of Site P and the <br />buffer areas and thus are not affected by this provision. <br />9-4 <br />