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EXHIBIT B C5SCE0AH STPEET S’" PAUL MN 5S «55 •HO.<C 65i 2g7 l257 rA» 6St*2Q6 3Q0e rr, a0a627-3S2O WWW COB tTATf MH uS i. RBCeiVEO JAN I ^ 2004 CITYOFORdVO January 21,2004 Ms Janice Gundlach, Assistant City Planner City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, Minnesota SS323 RE; Citizens petition for an EAW for Maxwell Bay Estates residential development Dear Ms Gundlach: The Environmental Quality Board (EQB) has received a petition requesting that an EAW be prepared on the project described in the petition, and has determined that Orono is the appropriate governmental unit to decide the need for an EAW. The requirements for environmental review, including the preparation of an EAW, can be found in the Minnesota Rules, chapter 4410. The procedures to be followed in making the EAW decision are set forth in part 4410.1100. Key points in the procedures include: 1.No final government approvals may be given to the project named in the petition, nor may construction on the project be started until the need for an EAW has been determined. Project construction includes any activities which directly affect the environment, including preparation of land. If the decision is to prepare an EAW, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410.3 1(X), subpart 1, page 34.) A first step in making the decision regarding the need for an EAW would be to compare the project to the mandatory EAW, EIS and Exemption categories listed in parts 4410.4300,4410.4400, and 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automaticdly required or prohibit^. If this should be the case, proceed accordingly. n I t1 surf a«0 C04M««iMrr