Agenda - Environmental Policy Board - 08/21/2023

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L�J Preparing EAWS:A Procedural Guide for C d Local RGUs for an EIS will involve the local government's council/board and so a resolution will need to be drafted. Exceptions to this Delay of EIS decision due to insufficient would be cases where another local government authority has information been delegated the decision-making powers for environmental The RGU may postpone its decision on the need review. Prior to presenting the information before a board/ for an EIS for up to 30 additional calendar days if it council for a decision,though,RGU staff may want to consult determines that"information necessary to a reasoned the local government's attorney in order to draft appropriate decision about the potential for,or significance resolution language. of,one or more possible environmental impacts is In cases where the RGU staff are uncertain of how the board/ lacking,but could be reasonably obtained"(part council will vote,two draft resolutions may be prepared;one 4410.1700,subpart 2a). ordering an EIS and not ordering an EIS. If,on the other hand,the missing information is not critical to the EIS need decision in the opinion of the RGU,the decision should not be delayed.This Step 20—Seek official local government provision is intended to provide for a postponement approval of the decision on the need for an EIS only on the basis of important missing information Once an RGU's analysis of the project,the proposed findings that bears on the question of potential for significant of fact,and draft resolution are complete,the RGU should environmental impacts.This information can be seek official action on whether or not to order an EIS. developed later as part of an appropriate permitting process.In its record of decision,the RGU can In most cases this step will involve the local government's describe the missing information and how it will be council/board,and RGU staff should follow regular obtained and used. procedures for including this decision at one of their council/ board meetings,such as listing the item on the meeting If the project proposer agrees,an RGU can extend agenda,preparing presentation materials,verifying the the postponement beyond the 30 days stated in the project proposer and any consultants/engineering staff will rules.In unusual cases where important information be available for questions,distributing copies of substantive is found to be lacking from the EAW,the RGU may comments,the response to comments,and findings of fact to simply withdraw the EAW,revise it and restart the members,etc. 30-day comment period.This can normally only be justified if the project description information is so The rules require most RGUs to make a decision on the need incomplete or inaccurate that reviewers are not given for an EIS between three working days and 30 days after the comment period ends(this time frame applies to all RGUs a fair chance to review the true project. where the decision is made by a council/board that only meets occasionally).If the decision will be made by a single individual in authority,then the decision must be made within 15 business days from the end of the comment period,but this Step 21—Prepare the record of decision individual can request a 15 business day extension from the EQB. The"record of decision"is a record of the RGU's investigation and includes various elements related to the If an RGU believes an EIS may be necessary,they can contact project and the environmental review decision. The record the EQB or consult documents on the EQB website in order to of decision often includes such items as meeting minutes, get more information about the procedures and requirements the findings of fact,the EAW,comments received,and the of EIS process. The EQB's contact information can be found response to comments(unless the comments and the response on its website at www.eq-b.state.mn.us. to comments were already incorporated into the findings of fact). As suggested with the findings of fact,RGU staff should have their local government attorney review the record of decision and suggest changes if necessary. The attorney will be able to verify that the RGU has legally"covered all the bases". 11