12-11-2000 Council Packet - Laserfiche WebLink

Home Browse Search

^4 #2596 Brenshell Homes EAW Need Determination Decembei 6,2000 Page 2 Determining the Need for an EAW Step 1. Step 2. Step 3. Determine whether the project falls into a Mandatory or Exempt EAW category under EQB rules. If EAW is mandatory, EAW is required; or If exempt from EAW, EAW is prohibited; or If neither mandatory nor exempt. City has the option of requirii: g an EAW.under the following guidelines: A)If evidence provided by petitioners, proposers and others demonstrates to the Council that the project may have the potential for significant environmental effects, then Council shall require an EAW. B)If evidence provided by petitioners, proposers and others fails to demonstrate to the Council that the project may have the potential for significant environmental effects, then Council shall deny the petition. A Resolution incorporating Findings of Fact regarding the Council ’s decision should be adopted, and this will be forwarded to the petitioner and the EQB within 5 days of the decision. Brenshell Project; EAW Not Mandatory. But Not Exempt Minnesota Rules 4410.4300 lists 36 categories of projects for which an EAW is mandatory . The mandatory categories section is attached as Exhibit D -1 . Staff concludes that the Brenshell project does DQt fall within any of the Mandatory EAW categories, because none of the thresholds are exceeded, nor even approached. Minnesota Rules 4410.4600 lists 25 categories of projects which are exempt from the EAW process (Exhibit D-2). The two exemption categories potentially applicable to the Brenshell application are: Subp. 2(B): Projects for which all governmental decisions have been made. Orono granted Preliminary Plat Approval prior to filing of the EAW petition. Preliminary Plat Approval does not constitute final governmental approval. MC^^D has withheld their final effective approval until after the EAW need determination has been made. Therefore, the Brenshell project is not exempt under Subp. 2B.