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02-10-1997 Council Packet
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02-10-1997 Council Packet
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process uses a standardized list of questions in wotkdieet format to disclose the necessary infonnation to <br />screen the project for significant environmental effects. The EAW is always subject to a 30day public review <br />period before a decision is made by the RGU about whether the impacts wanant an EIS. <br />Usually, about 150 EAWs are required each year. <br />What Projects Require EISs or EAWs? <br />Requirements for mandatory prqjaraiion of an EIS or EAW on certain types and sizes of projects are set forth <br />in the EQB’s rules. These requirements are rqHinted in the final chapter of this guide. An EIS is also <br />necessary when ordered as a result of an EAW review on a projecL An EAW can also be initialed at the <br />discretion of a unit of government and requested by a group of at least 25 citizens, as described in the chapter <br />on discretionaiy EAWs and petitions. <br />Limitations on the Applicability of the <br />Environmental Review I^ogram <br />Environmental review (Le., preparation of an EAW or EIS) can apply to any action or activity that meets three <br />1. 77re action or activity must take place in the future • i.e., actions or activities which have already <br />taken place are not subject to this program. <br />2. The action or activity must involve the physical manipulation of the environment, (Srectiy or <br />indirectly; actions and activities which do so are termed "project^' under this program (as defined <br />at 4410ff200, subp.6S). <br />3. The action or activity must involve at least one governmental approval or one form of governmental <br />financial assistan'* or be a project conducted by a unit of government; such actions and activities <br />are termed "gover-mental action^' under this program (as d^ined at part 44100200. subp. 33). <br />The d^inition of "permit" cu 44100200, subp. 58 lists examples of the various types of approvals <br />and financial assistance w.if/j qual^ a project for inclusion under this program. Approvals or <br />assistance by, and projects of, federal agencies are included under this /urogram. <br />• <br />Further details on the limitations of the applicability of this program to certain actions arc set fonh in the rules <br />at part 4410.46CD, subp. 2, the “standard exemptions;” these are also presented in the final chapter of this guide. <br />Once review has been completed on a project, no further review is necessary on that ptojea unless the <br />circunsiances ^ified at citha part 4410.1000. subp. 5 or 44103000 occur in the future. Unless the <br />^Jc dfied drcumstaixes occur, the project is exempt fiom further review even if implemeni^ion of the project <br />is delayed for many years. <br />The Effect of Environmental Review Requirements <br />on the Approval and Construction of a Project <br />Whenever environmental review is required, whetha because of a mandatory EAW or EIS requirement or <br />because of a discretionary decision by a unit of government that review is needed, or whenever a valid <br />citizens* petition is filed with the EQB, a moratorium is automatically placed on approval of the project and <br />• HIM <br />3 <br />j
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