Agenda - Environmental Policy Board - 01/18/2017

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General guidance for preparing an EAW Chapter General guidance for preparing an EAW An official form must be used for all Environmental The statutes define the EAW as"a brief document which is Assessment Worksheets,unless an alternative is approved in designed to set out the basic facts necessary to determine advance by the Environmental Quality Board chair,or a whether an EIS is required for a proposed action"(Minnesota federal Environmental Assessment is prepared for the same Statutes, section 116D.04,subdivision la)_Some EAWs are project. lengthy,however,rivaling the average EIS in length. Several considerations should be taken into account in preparing an The Environmental Quality Board develops and revises the EAW and deciding how much information should be official EAW form as necessary.The current version was included: revised in 2013.The worksheet and these guidelines are available on the EQB website. ■ Presenting more information does not necessarily reduce the need for an EIS.The statutory requirement for an EIS is Submitting data for the EAW whether the project has the potential for significant Prior to initiating work on an EAW,proposers are advised environmental effects–it is not whether the EAW has to contact the appropriate RGU for guidance.RGUs may adequately disclosed information about potential impacts.At a have specific requirements for individual EAW items,or minimum,an EIS would consider reasonable alternatives that for specific categories of projects. The project proposer is might avoid the impacts and could provide additional required to submit the EAW's completed data portions to information about mitigation for the impacts.An EAW is not the RGU to initiate EAW preparation. The RGU must designed to be a substitute for the EIS,no matter how thick it promptly review the proposer's submittal and return the is. submittal to the proposer if it is found to be incomplete.If the submittal is complete,the RGU must notify the ■ Information that reduces uncertainties about impacts and proposer in writing within five working days.Proposers their significance belongs in an EAW.Any information that are obligated to supply any relevant information to which helps clarify the likelihood or level of significance of a potential they have reasonable access.The proposer usually submits impact is useful in an EAW because it helps the RGU make a the data portions on a copy of the EAW form.In preparing better determination about the need for an EIS.It could be the submittal the proposer should refrain from offering factual information related to the nature of the impact or its conclusions.Rather,it should focus on supplying data and likelihood,or information about how the impact could be other factual information. mitigated and how that mitigation will be imposed. The proposer should discuss EAW content requirements with ■ Incomplete information in the EAW may lead to a delay RGU staff before beginning work on the EAW. in the EIS need decision.The EQB rules provide that if important information is missing in the EAW record,the RGU Preparing the EAW may postpone the decision.Failure to include relevant The RGU is legally responsible for the accuracy and information in the EAW may lead to unnecessary delays. In completeness of the information presented in the EAW.After extreme cases,failure to provide adequate information may the RGU notifies the proposer that the submittal is complete, cause reviewing agencies to suggest that the EAW be the RGU has 30 days to add additional information,revise the withdrawn and redone or that an EIS be prepared. text as necessary and approve the EAW for public distribution. In controversial cases,the RGU governing body—a council or Use of a federal Environmental Assessment as a board—often authorizes release of the EAW,but it is not substitute for the EAW form required by the EQB rules. Rule amendments in 1997 authorize the automatic substitution of a federal Environmental Assessment in place of the EAW Even if the proposer's data submittal seems complete and form as long as the EA addresses all the environmental effects accurate,the RGU must exercise independent judgment about identified by the EAW form.This avoids the need for two the information.The RGU must be in charge of any conclusion- different review documents for projects that require both a state type responses that discuss the significance of impacts or the EAW and federal National Environmental Policy Act(NEPA) adequacy of mitigation.If the RGU fails to exercise review. independent review of the proposer's information,it could lose a legal challenge and have to repeat the EAW process.If the NOTE:Only the document can be substituted–all RGU does not have the necessary expertise on staff,it should procedural aspects of the state EAW process must still be consider hiring a consultant to help review information and to followed. assist in the preparation of the EAW.If the RGU has adopted the necessary ordinances,it can charge costs to the proposer. Alternative Urban Areawide Review in lieu of an Those that have not yet adopted these ordinances may wish to EAW do so before they are needed. A more comprehensive and often more expeditious review can be accomplished through the Alternative Urban Areawide Environmental Quality Board EAW Guidelines–October 2013 5