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02-10-1997 Council Packet
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02-10-1997 Council Packet
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MMM <br />4 <br />also on the iniiiaiion of consmiction on the piojea This moratorium is set foth in the statutes, at Minn. Stat, <br />section 116D.04, subd 2b (1988). TTk ch^ of this guide titled •'Ptohibitions on Governmental Approvals <br />aid COnsttuction Until After Review is Completed" explains this moratorium in detafl. After review has been <br />coi?rfcted. the information dixlosed in the EAW or EIS process is to be used in guiding the t^roval and <br />permitting processes. <br />At What Should <br />As a general nile, environmental review should be initiated as soon as practicable. This usually dqiends upon <br />when the proposer is certain enough about the basic features of the project so that a thorough project <br />description can be i^ritien down. <br />The EQB advises project proposers to inform the RGU of the impending project as soon as the projea <br />ooncqx and prqnsed location are knowa Early consultation can help clarify what information will be needed <br />10 initiaiB environmental review and in some cases may suggest modifications in the {lojea or location that <br />can avoid potential difficulties and streamline the review. <br />When review is discretionary, it must be initiated prior to the granting of all necessary approvals, or the project <br />is exempt <br />Who Is Responsible for What in Environmental Review? <br />Part 4410.0100 specifies the general rc^ionsibilitics of the various patties in environmental review. Basically, <br />these can be summarized as fdbws: <br />1. Project proposers: nvist supply reasonably available information needed for preparation of EAWs <br />and ElSs and must pay the reasonable costs of the RGU for preparing an EIS (required by pat <br />44106000). <br />2. RGUs: must prepare EAWs and EISs when required by EQB rules; must verify accuracy of EAWs <br />and EISs: and must comply with the dmeframes of the EQB rules. <br />3. EQB: must adopt the rules for the program, rrmitor their effeedveness, and revise as cq^pricue: <br />and must provide technical assistance in the interpretation and afqrlication of the rules. <br />Appeals of RGU Decisions <br />Pursuant to Mirm. Stat., section 116D.04, subd 10 (1988), an appeal of any decisions of an RGU about the <br />need for an EAW or EIS or the adequacy of an EIS must be made in the district court of the county in which <br />die project would take place. The EQB is NOT an appeal body and cannot review a decision of an RGU. <br />(Note, however, that under part 44102800, the EQB can take over the EIS adequacy decision for an EIS <br />urxler certain circumstances. In addition, the EQB may initiate judicial review of environmental decisions by <br />RGUs or may intervene in any proceeding brought under Minn. Stat., section 116D.04, subd 10 (1988).) <br />I <br />L.
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