Minnesota Administrative Rules
Agency 141 - Environmental Quality Board
Chapter 4410 - ENVIRONMENTAL REVIEW
ENVIRONMENTAL ASSESSMENT WORKSHEET
Part 4410.1700 - DECISION ON NEED FOR EIS
Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1. Standard for decision on need for EIS.
An EIS shall be ordered for projects that have the potential for significant environmental effects.
Subp. 2. Decision-making process.
The decision on the need for an EIS shall be made in compliance with one of the following time schedules:
Subp. 2a. Insufficient information.
If the RGU determines that information necessary to a reasoned decision about the potential for, or significance of, one or more possible environmental impacts is lacking, but could be reasonably obtained, the RGU shall either:
Subp. 3. Form and basis for decision.
The RGU's decision shall be either a negative declaration or a positive declaration. The RGU shall base its decision regarding the need for an EIS on the information gathered during the EAW process and the comments received on the EAW.
Subp. 4. Record of findings supporting decision.
The RGU shall maintain a record, including specific findings of fact, supporting its decision. The record must include specific responses to all substantive and timely comments on the EAW. This record shall either be a separately prepared document or contained within the records of the governmental unit.
Subp. 5. Distribution of decision.
The RGU's decision shall be provided, within five days, to all persons on the EAW distribution list pursuant to part 4410.1500, to all persons that commented in writing during the 30-day review period, and to any person upon written request. All persons who submitted timely and substantive comments on the EAW shall be sent a copy of the RGU's response to those comments prepared under subpart 4. Upon notification, the EQB staff shall publish the RGU's decision in the EQB Monitor.
Subp. 6. Standard.
In deciding whether a project has the potential for significant environmental effects the RGU shall compare the impacts that may be reasonably expected to occur from the project with the criteria in this part.
Subp. 7. Criteria.
In deciding whether a project has the potential for significant environmental effects, the following factors shall be considered:
Subp. 8. [Repealed, 13 SR 1437]
Subp. 9. Connected actions and phased actions.
Connected actions and phased actions shall be considered a single project for purposes of the determination of need for an EIS.
Statutory Authority: MS s 116D.04; 116D.045