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A Envlrenmeltal Quaiilr Board 658 CEDAR STREET ST. PAUL, MN 551 55 PrronE: 65 I-297- I 257 Fnx: 65 I -296-3698 T'fr: 800-62 7-35 2 9 WWW.EOB.S7qTE,MN.US JuIy 6, 2007 John Livingston Cent ventures � _ 1660 Highway l OQ- south, Suite 500 St. Louis Park, Mizuiesota 554I6 RE: 2700 Cteveland Avenue North Mr. Livingston: � Gregg Downing has referred your Ietter to me, and I will try to respond. T'here is limited detail in your letter, but we are able to give you some observations and infarmation on the usual interpretation of the state envirorunental review rules. First of all, every potential Responsible Governmental Unit (R.GU) that has authority to permit or approve a project can make a discretionary decision to order an EAW for any project not previously reviewed if evidence known to it demonstrates that the project may have a potential fox significant environmental effects. There are two exceptions to this discretionary power; 1. If the project meets or exceeds any mandatory threshold for a required EAW (or EIS} the RGU must order an EAW, and 2. If the project is below the applicable exemption threshold (if a.ny} for the type of proj�ct in question, the RGU may not order an EAW. - From the narrative of your letter, it does not appear to be your position that your proposed project is likely to be so small as to be exempt from consideration for review; or that as your new project, it may have already been reviewed in an EAW (as a prior project, where only the ownership has changed). Another issue wauld be the comparison of this project to any of the applicable scenarios evaluated it2 the AUAR covering this area. Leaving aside the question of the need to update the AUAR after five years have passed, if this project is consistent with the development assumptions in the applicable scenario the RGU may consider that the project has received environmental review._Howeyer, it is still the judgment of the RGU whether this project is sufficientty similar or identical to what is analyzed in the AUAR 1'YtC1'c innesota � -z ,,,� ��. �.�,,� , „_ .� .