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~~s~i~anantal aal~~ aar~d 658 CEDAR STREET" ST. PAUL, MN 55 155 PHONE: 65 I -297- 1 257 FAx: 65 I -296°3696 Trr: 800-62 7-3 5 29 W W W. EQ6.5TATE , M N . US July 6, 2007 John Livingston Cent ventures 1660 I~i~h=away .~ 00 ~loutrg .~~;ite .5D0 fit. Louis Dark, Minnesota X5416 Imo: 2700 Cleveland Avenue North 1Vlr. Livingston: Gregg Downing has referred your letter to rne, and ~ will try to respond. 'There is limited detail in your letter, but we are able to give you some observations and information on the usual interpretatiou of tie st~t~ .e~a~~~a~~t~~ ~-~~T~~~~T ~~~. First of all., every potential ~.esponsi'ble Governmental Unit (~.GU) that has authority to permit or approve a project can make a discretionary decision to order an EAi~1 for any project not previously reviewed if evidence known to it demonstrates that the project may have a potential for signi~.cant en~rir~anmental effects. ~h~r~ are t~c~ exce~tior~s to this discretionary power; 1. ~.f the pru~ec~ mew or exceeds any mandatory tlireshotd for a required EA~1(or EIS) the 1Z.GU must order an EAR, and 2. If the project is below the applicable exemption threshold. (if any) for the type of pro~iect in ~uestiun7 t~~e ~GU .may ~~t ~~d~~- ~ ~~~~j F~rn~ the narrative of your letter, ~.t does not appear to be y®ur poslti®n that your proposed project is likely to be so small as to be exerr~pt from consideration far reviewp or that as your new project, it may have already been reviewed in an EAR (as a prior projects where only the ownership has changes). ~.,rta~e~ issue ~v~cr~d 6e the comparison of ~.is project to any ofthe applicable scenarios evaluated in the AUAl.2. covering this area. Leaving aside the question of the need to update the AUAIZ. after f ve years have passed, ~f this project 1S Consistent with the development assumptions 1.n t,~e .a~plic,~b~,e ~~~aria ~ ~~ ri~,r ~aJT ,ea~s~de~- fat the project has received environmental review. ~Iowever, it is still the judgment of the I~GU whether this oje~. is sufficiently sin~.iiar or identical. to what is analyzed in the AUAR. ~ ~ STATE AND COMMUNITY SERVICES