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#2596 Brenshell Homes EAW Need Determination December 6,2000 Page 3 Subp. 12: Construction of a residential development of less than 20 units in a Fourth Class City (Orono") is exempt, except when part of the project is within a shoreland area. Approximately 80% of the Brenshell site is within the designated Shoreland area, and therefore the Brenshell project is not exempt under Subp. 12. It is staffs conclusion that an EAW is not mandatory for this project, but the project is not exempt from the EAW due only to its location in the Shoreland District. Therefore, the Cit>- Council must determine whether there is a potential for ‘significant environmental effects*. Determination of Potential for Significant Environmental Effects The EQB rules do not define “significant environmental effects” nor do the\' specify a procedure for determining whether there is a potential for such effects. This is left solely to the discretion of the RGU. The most appropriate process would be to address the specific concerns staled in the citizen petition, and then address any additional concerns which Council feels may be relevant to the matter. It is staffs opinion that the concerns listed in the petition have each been adequately and fully addressed through the preliminary plat review process, and that no EAW should be inquired. Following is a listing of each concern noted in the petition with a response addressing the concerns. In each case, staff believes that the listed concerns either have been adequately addressed such that the project will have no significant environmental effects, or the concerns have been demonstrated to be unfounded. Concern I. “The proposed subdivision will adversely effect the erosion of the steep sloped Erin & Kilkenny soils on Saga Hill...”; and “...the possibility of increased pollution to Forest Lake Bay by runoff directly dumped into said bay from tivo ravines located on said property (see attached documents by Barr Engineering and residents)...” City Response; The City has long been aware of concerns regarding erosion and water quality related to development in Saga Hill, expressed by residents during this and prior applications for development of this 7-acre parcel. The issues of erosion and water quality are separate but deeply intertwined. The third related issue is stormwater volume, and all 3 topics have been addressed at length during the subdivision process. -~———■—------------------M.a'k ■tfl 1.1^M li«.TlSA ri'___