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Emirona�eaql Quoli4r Baard <br />6SB CEDAR STREEf <br />ST PAUL, MN 55I55 <br />PHONE: �51-297-1257 <br />F�x: 65 I -296-369H <br />srr• 800-627-3529 <br />Www.EOB.STATE, MN. US <br />July 6, 20Q7 <br />� <br />John Livingston <br />Cent ventures <br />1660 Highway 100= south, Suite 500 <br />St. Louis Pazic, Minnesota 55416 <br />RE: 2700 Cleveland Avenue North <br />Mr. Livingston: <br />• <br />Gregg Downing has referred your tetter to me, and I will try to respond. There is limited <br />detail in your letter, but we are abie to give you some observations and information on <br />the usual interpretation of the state environmental review rules. <br />First of all, every potential Responsible Governmental Unit (RGU) that has authority to <br />permit or approve a project can make a discretionary decision to order an EAW for any <br />project not previously reviewed if evidence known to it demonstrates that the project may <br />have a potential for significant environmenta! effects. T'here are two exceptions to this <br />discretionary power; <br />]. If the project meets or exceeds any mandatory threshold for a required EAW (or <br />EIS) the RGU must order an EAW, and <br />2. If the project is below the applicabte exemption threshold (if a.ny) for the type of <br />- project in question, the RGU may not order an EAW. - <br />From the narrative of your letten, it does not appear to be your position that your <br />proposed project is likely to be so small as to be exempt from consideration fox review; or <br />that as your new project, it may have already been reviewed in an EAW (as a prior <br />project, where only the ownership has changed). <br />Another issue would be the comparison of this project to any of the applicable scenarios <br />evaluated in the AUAR covering this area. Leaving aside the question of the need to <br />update the AUAR after five years have passed, if this project is consistent with the <br />development assumprions in the applicable scenazio the RGU may consider that the <br />project has received environmental review..Howeyer, it is still the judgment of the RGU <br />whether this project is sufficiently similar or identical to what is anaIyzed in the AUAR <br />« <br />1ti![yt <br />innesota <br />. ;. ... ? Np �OMMUNlTY SERVILES <br />