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Environmental Assessment Worksheet process Environmental Assessment Worksheet process EA W Guidelines provides information about preparing an Environ- mental Assessment Worksheet to determine whether an Environmental Impact Statement is needed for a project. The EAW is defined by state statute as a ubrief document which is designed to set out the basic facts necessary to determine whether an EIS is required for a proposed action. U The purpose of the EAW process is to disclose information about potential environmental impacts of the project; it is not an ap- proval process. The information disclosed in the EAW process has two functions: to determine whether an EIS is needed, and to indicate how the project can be modified to lessen its environ- mental impacts; such modifications may be imposed as permit conditions by regulatory agencies. The information comes from three sources: the EAW, comments made on the EAW and re- sponses by the RGU and project proposer to the comments. All three sources are important. but the EAW generally provides the most significant information. The EAW process involves four major steps: Step 1. The project proposer supplies all necessary data to the Responsible Governmental Unit, which is assigned responsibility to conduct the review according to the EQB rules. Step 2. The RGU prepares the EAW by completing the standard form supplied by the Environmental Quality Board. Step 3. The EAW is distributed with public notice of its availabil- ity for review. The comment period is 30 calendar days. Certain state. federal and local agencies always receive EAWs for review. Any person may review and comment in writing on an EAW. A public meeting to receive oral comments is optional at the discre- tion of the RGU, but is not commonly held. Step 4. The RGU responds to the comments received and makes a decision on the need for an EIS based on the EAW, comments received and responses to the comments. The RGU and other units of government may require modifications to the project to miti- gate environmental impacts as disclosed through the EAW process. When an EAW is required An EAW is required for any project listed in the mandatory EAW categories in the rules at part 4410.4300. This listing, as well as mandatory EIS and exemption categories, can also be found in the EQB's Guide to Minnesota Environmental Review Rules. An EAW is also required whenever any governmental unit with approval authority over the project determines that available evidence indicates that the project may have the potential for significant environmental effects. This typically occurs in response to a . citizen petition. An EAW is also prepared as the first step in scoping an EIS if required for a project. A different approach is necessary to an- swering questions on the EAW when it is used for scoping purposes, see Chapter 4. Prohibition on governmental approvals and on construction during review Whenever a EAW is mandatory or has been ordered, or when a petition for an EAW has been property filed. state law directs that no final governmental decision may be made to grant a permit, approve or begin a project and that construction on the project may not begin until environmental review is completed. When an EAW is required. review is completed when either the RGU deter- mines that no EIS is needed - issuance of a negative declaration - or when the EIS is completed and found adequate. A final govern- mental decision is one that conveys rights to the project proposer, whether the last or an intermediate decision. Final decisions include preliminary as well as final plat approvals since they convey rights that may be difficult to alter or undo, conditional use permits and zoning decisions if associated with a specific project. The Guide to Minnesota Environmental Review Rules provides additional information ahout prohibited approvals. How the RGU is determined Environmental Quality Board rules assign responsibility for pre- paring the EAW and determining the need for an EIS to a specific unit of government. The Responsible Governmental Unit is gener- ally the unit with the greatest responsibility for approving or supervising the project as a whole. For a mandatory EAW, the rule automatically assigns the RGU as part of the mandatory category text. For an EAW initiated by citizen petition, the EQB chair or staff designee assigns the RGU. If a unit of government orders an EAW or responds to a request of the project proposer, that unit is the RGU. A state agency is always the RGU for projects it will con- duct. Responsibility for EAW preparation and costs Project proposers are required to supply any data or other infor- mation in their possession or to which they have reasonable access to the RGU, which prepares the EAW after reviewing the submit- ted information. Sometimes an RGU will hire consultants to prepare all or part of the EAW or to independently review the proposer's submittal. This topic is covered in detail in the next . chapter. The environmental review statutes do not address the issue of charging for EAW costs, however, some local units of government have enacted ordinances that allow them to recoup at least part Environmental Quality Board I