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01-13-1997 Council Packet
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01-13-1997 Council Packet
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also on the initiation of construction on the ptojea llus moratoriun is set forfi in die statutes, at Mitn. StaL, <br />section 116Di)4. subd. 2b (1989. chapter of dns guide titled ‘TYohOAions on Governmental Approvals <br />and Cbnsiiuction Until After Review is ConqdetetT eiqdains diis inocaiorium in detafl. After review has been <br />oon^deted, die infonnaiion in the EAW or EIS process is to be used in guiding the qjproval and <br />pomitting • II • <br />At What Stage in a Project's Planning Should <br />Environmeiual Review be Initiaied r <br />As a geteral rule, environmental review should be initiated as soon as practicable. This usually depends iqxm <br />when die proposer is certain enough about the basic features of the project so that a thorough project <br />lion can be written down.m • <br />• Miti. <br />The EQB advises project proposers to infexm the RGU of the impending project as soon as the projea <br />oonoqit and proposed location are knowa Eariy consultation can help clarify what information will be needed <br />10 oiidaie environmental review and in some cases may suggest modificadons in the project or location that <br />can aroid potential tfifhculiies and streamline die review. <br />When review is discretionary, it must be initiated prior to die granting of all n <br />bexeflf^ <br />y approvals, a die project <br />Who Is Responsible for What in Environmental Review? <br />Fart4410X)400sped6esdiegeneralie^xxisibilitiesof the various parties in environmental review. Basically, <br />these can be summarized as follows: <br />1. Project proposers: must supply reasonably available Irformadon needed for preparation cf EAWs <br />and EISs aid must pay the reasonable costs of the RGU for preparing an EIS (required by part <br />4410J6000). <br />2. RGUs: must prepare EAWs and EISs when required by EQB rules; must vei^y accuracy of EAWs <br />and EISs: and must conqity wth the dm^htmes cf the EQB rules. <br />3. EQB: must adopt the rules for die program, monitor their effectiveness, and revise as aptroprkae: <br />and must provide technical assistance in the interpretadon and appScadon of the ndes. <br />IMIM <br />Appeals of RGU Decisions <br />Pursuant to Mim. StaL, section 116DD4, subd. 10 (1968), an rq^xal of ai^ decisions of an RGU about die <br />need fix an EAW or EIS or the adequacy of an EIS must be made in the disoict court of the county in which <br />the project would take place. The EQB is NOT an rppeal body and cannot review a decision of an RGU. <br />Q^kxe, however, that under part 44102800, die EQB can take over the EIS adequacy decision fix an EIS <br />under oenaindrcinistances. In additkxi,dte EQB rnayiiudate judicial review of environmental decisions by <br />RGUs or may intervene in any proceeding brought under Mina StaL, section 116D.04, subd. 10 (1988).) <br />4
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