Agenda - Environmental Policy Board - 08/21/2023

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C d Preparing EAWS:A Procedural Guide for Local RGUs for an Environmental Impact Statement(EIS)on the proposed information. If the RGUpostpones the decision,it shall project." provide written notice of its action, including a brief description of the lacking information,within five days to The easiest way for RGUs to deal with comments that are not the project proposer, the EQB staff,and any person who relevant is to write something like"comment noted"in the submitted substantive comments on the EAW. response to comments. This allows the commenter to know that,while RGU staff were paying attention to their comments, Subp. 6. Standard. In deciding whether a project has the potential for sign they felt the comment was outside the bounds of issues to be significant environmental effects the RGU shall considered during the environmental review process. compare the impacts that may be reasonably expected to occur from the project with the criteria in this part. Similarly,if a comment letter is received any time after the Subp. 7. Criteria. In deciding whether a project has the deadline,the RGU is not required to respond to it(this letter potential for significant environmental effects,the following would not be considered timely). The RGU can accept late factors shall be considered: comments at its discretion,however,but it should have a relevant reason for doing so—such as significant public A. type,extent,and reversibility of environmental effects; interest or discovering through comments indications that the B. cumulative potential effects of related or anticipated project may have the potential for significant environmental future projects; effects. If a comment letter is received only a few days after the public comment period has ended,it is usually good C. the extent to which the environmental effects are practice to consider the letter and to provide an appropriate subject to mitigation by ongoing public regulatory response to the issue the commenter raised. authority;and When preparing a response to comments,RGU staff should be D. the extent to which environmental effects can be aware that the response to comments will become a part of the anticipated and controlled as a result of other available official record of decision. environmental studies undertaken by public agencies or the project proposer,including other EISs. Step 17—Determine whether an EIS will he Step 18—Prepare a proposed findings of fact necessary The"findings of fact"is a written document that lists the Determining the appropriateness of ordering an EIS is a RGU's findings regarding issues of fact related to the project, complex process and requires good local government policy and that were used in reaching an appropriate environmental and sound consideration of the facts on the part of the RGU. review decision. In other words,the findings of fact is a MN Rule 4410.1700 provides the following direction on how summary of the RGU's factual and legal reasons for reaching to reach an appropriate a decision on whether an EIS will be its conclusion. necessary: As affected parties have the ability to appeal environmental Subpart 1. Standard for decision on need for EIS. An EIS review decisions to the county district court in which the shall be ordered for projects that have the potential for proposed project is located,RGU staff should have their significant environmental effects. attorney review the proposed findings of fact and suggest changes if necessary. The attorney will be able to verify that Subp.2a. Insufficient information. If the RGU determines the RGU has legally"covered all the bases". that information necessary to a reasoned decision about the potential for;or significance of,one or more possible RGUs frequently incorporate substantive comments and the environmental impacts is lacking,but could be reasonably RGU's response to comments into the findings of fact when obtained,the RGU shall either: appropriate. A. make a positive declaration and include within the scope of the EIS appropriate studies to obtain the lacking information;or Step 19—Prepare a draft resolution B. postpone the decision on the need for an EIS,for In nearly all cases,reaching a decision regarding the need not more than 30 days,in order to obtain the lacking 10