Agenda - Environmental Policy Board - 01/18/2017

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Environmental Assessment Worksheet Process Chapter Environmental Assessment Worksheet Process EAW Guidelines provides information about preparing an An EAW is also prepared as the first step in scoping an EIS Environmental Assessment Worksheet(EAW)to determine if required for a project.A different approach is necessary to whether an Environmental Impact Statement(EIS)is needed for a answering questions on the EAW when it is used for project.The EAW is defined by state statute as a"brief document scoping purposes. which is designed to set out the basic facts necessary to determine whether an EIS is required for a proposed action."(Minn. Stat. § Prohibition on governmental approvals and on 116D.04 Subd. la) construction during review The purpose of the EAW process is to disclose information Whenever an EAW is mandatory or has been ordered,or when about potential environmental impacts of the project. It is not an a petition for an EAW has been properly filed,state law directs approval process_The information disclosed in the EAW process that no final governmental decision may be made to grant a has two functions:to determine whether an EIS is needed and to permit,approve or begin a project and that construction on the indicate how the project can be modified to lessen its project may not begin until environmental review is completed. environmental impacts. Such modifications may be imposed as When an EAW is required,review is completed when either the permit conditions by regulatory agencies.The information RGU determines that no EIS is needed—issuance of a negative comes from three sources:the EAW,comments made on the declaration—or when the EIS is completed and found adequate. EAW and responses by the Responsible Government Unit A final governmental decision is one that conveys rights to the (RGU)and project proposer to the comments.All three sources project proposer,whether the last or an intermediate decision. are important,but the EAW generally provides the most Final decisions include preliminary as well as final plat significant information. approvals since they convey rights that may be difficult to alter or undo,conditional use permits and zoning decisions if The EAW process involves four major steps: associated with a specific project. The Guide to Minnesota Environmental Review Rules provides additional information Step 1.The project proposer supplies all necessary data to the about prohibited approvals. Responsible Governmental Unit,which is assigned responsibility to conduct the review according to the EQB How the RGU is determined rules. Environmental Quality Board rules(Minnesota Rules Chapter Step 2.The RGU prepares the EAW by completing the 4410.0500)assign the responsibility of preparing EAWs and standard form supplied by the Environmental Quality Board. determining the need for EISs to specific units of government. The specific unit of government determined to have Step 3.The EAW is distributed with public notice of its responsibility for the EAW preparation is the RGU.Commonly, availability for review and comment.The comment period is 30 the RGU is the unit with the greatest responsibility for calendar days.Certain state,federal and local agencies always approving or supervising the project as a whole.For projects receive EAWs for review.Any person may review and comment that exceed a threshold which requires a mandatory EAW,the in writing on an EAW.A public meeting to receive oral rules that define these categories also identify the designated comments is optional at the discretion of the RGU,but is not RGU.For projects where a citizen petition for an EAW was commonly held. submitted to EQB,the EQB chair or staff designee assigns the Step 4.The RGU responds to the comments received and makes RGU consistent with the Rules.If a unit of government orders a decision on the need for an EIS based on the EAW,comments an EAW or responds to an EAW request of the project proposer, received and responses to the comments.The RGU and other that unit is the RGU.A state agency is always the RGU for units of government may require modifications to the project as projects it will conduct. part of their permits to mitigate environmental impacts as disclosed through the EAW process. Responsibility for EAW preparation and costs While the RGU prepares the EAW,project proposers are When an EAW is required required to supply to the RGU any data or other information in An EAW is required for any project listed in the mandatory EAW their possession or to which they have reasonable access.Once categories in Minnesota Rules part 4410.4300.This listing,as received,the RGU reviewing the submitted information for well as mandatory EIS and exemption categories,can also be completeness. Often,an RGU will hire consultants to prepare found in the EQB's Guide to Minnesota Environmental Review all or part of the EAW or to independently review the Rules.An EAW is also required whenever any governmental unit proposer's submittal.This topic is covered in detail in the next with approval authority over the project determines that available chapter. evidence indicates that the project may have the potential for The environmental review statutes do not address the issue of significant environmental effects.This is called a discretionary charging for EAW costs,however,some local units of review and typically occurs in response to a citizen petition. government have enacted ordinances that allow them to recoup Environmental Quality Board EAW Guidelines—October 2013 1