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Mr. Karl Keel Apri121, 1995 Page 2 This same Guide to the Rules states, "It is not sufficient to rely on the absence of adverse comments to justify a decision not to order an EIS. 'The RGU has a legal obligation to examine the facts and draw its own conclusions about the significance of potential environmental effects." In my opinion, the comments received regarding the EAW have been adequately addressed with the enclosed responses. I suggest the RGU (Roseville City Council) may want to make a declaration similar to the following: "The City of Roseville is the Responsible Governing Unit for the proposed construction of a water quality treatment basin within the American Legion Park Pond also identified as Unnamed Wetland 62-280W. The Environmental Assessment Worksheet adequately addresses the issues associated with the proposed project and the response to the comments received adequately addresses the expressed concerns. Based upon the information provided in the EAW and comments received by the City it is determined that: 1. The -type, extent, and reversibility of environmental effects do nat justify the preparation of an EIS. 2. The cumulative potential effects of related or anticipated future projects do not justify the preparation of an EIS. 3. The environmental effects associated with the project are adequately mitigated. 4. The positive environmental effects anticipated a result of environmental studies undertaken by the Grass Lake Watershed Management Organization indicates the preparation of an EIS is not justified. Based upon these findings it is determined that the preparation of an Environmental Impact Statement is not warranted for the construction of the proposed water quality treatment pond within the American Legion Park Pond." The record of RGU's decision must be distributed to the commenting agencies and the EQB within 5 days of the decision. There is no specific format required, but it can be a specially prepared document or a copy of the applicable meeting minutes. If the RGU (Roseville City Council) makes a negative declaration, a final decision can be made regarding the Department of Natural Resources (DNR) Protected Waters Permit Application #95- 6144. Conversations with DNR Area Hydrologist Molly Shodeen indicate the DNR will likely issue the permit. The U.S. Army Corps of Engineers issued a Nationwide Permit for the proposed activity on March 10, 1995. All regulatory requirements should be fulfilled with the negative EIS declaration and subsequent issuance of the DNR Permit. The project can then be constructed as planned during the winter of 1995-96.