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<br />c~r Environmental Assessment Worksheet process <br /> <br />.JL <br /> <br />situation rarely occurs, in part because the environmental issues <br />are usually quite specific to the project in question. The second <br />criterion, cumulative potential effects of related or anticipated <br />further projects, has historically been given little attention. The <br />issue of cumulative impacts, however, is currently in the forefront <br />although it remains difficult to apply in practice often because <br />little is known about other potential projects unless they are also <br />under review at the same time. Nevertheless, the RGU must be <br />alert to the possibility that an EIS could be needed because of <br />cumulative impacts of multiple projects. The RGU should address <br />the project's interaction with other past, present and future <br />projects in the vicinity when answering EAW questions. <br /> <br />Delay of EIS decision due to insufficient <br />information <br />The RGU may postpone its decision on the need for an EIS for up <br />to 30 additional calendar days ifit determines that "information <br />necessary to a reasoned decision about the potential for, or sig- <br />nificance of. one or more possible environmental impacts is lacking, <br />but could be reasonably obtained" (part 441 0.1700, subpart 2a). <br /> <br />This provision is intended to provide for a postponement only on <br />the basis of important missing information that bears on the <br />question of potential for significant environmental impacts. If the <br />missing information is not critical to the EIS need decision in the <br />opinion of the RGU, the decision should not be delayed. The <br />information can be developed later as part of an appropriate <br />permitting process. In its record of decision, the RGU can describe <br />the information and how it will be obtained and used. <br /> <br />If the project proposer agrees, an RGU can extend the postpone- <br />ment beyond the 30 days stated in the rules. In unusual cases <br />where important information is found to be lacking from the EAW, <br />the RGU may simply withdraw the EAW, revise it and restart the <br />3D-day comment period. This can normally only be justified if the <br /> <br /> <br />project description information is so incomplete or inaccurate that <br />reviewers are not given a fair chance to review the true project. <br /> <br />Appeal of an RGU decision <br />The decision of the RGU to prepare or not prepare an EIS can be <br />appealed in the county district court where the project would take <br />place. The appeal must be filed within 30 days of the date on <br />which the RGU makes its decision, usually the date the council or <br />board takes the action. There is no administrative appeal of an <br />RGU; the EQB has no jurisdiction to review an RGU's decision. <br /> <br />Use of a federal Environmental Assessment as a <br />substitute for the EAW form <br />Rule amendments in 1997 authorize the automatic substitution of <br />a federal Environmental Assessment in place of the EAW form as <br />long as the EA addresses all the environmental effects identified <br />by the EAW form. This avoids the need for two different review <br />documents for projects that require both a state EAW and federal <br />National Environmental Policy Act (NEPA) review. <br /> <br />NOTE: Only the document can be substituted - all procedural <br />aspects of the state EAW process must still be followed. <br /> <br />Alternative Urban Areawide Review in lieu of an <br />EAW <br />A more comprehensive and often more expeditious review can be <br />accomplished through the Alternative Urban Areawide Review <br />process. If several different projects in the same area will require <br />preparation of an EAW, or if an RGU has concerns about overall <br />development in an area where some projects require review and <br />others do not the situation may be best suited for an Alternative <br />Urban Areawide Review. RGUs can find guidance about the AUAR <br />process in Chapter 5 of the Guide to Minnesota Environmental <br />Review Rules or by consulting the EQB staff. <br /> <br />4 EA W Guidelines <br />