D. Environmental Review Revision as of 15:23, 28 October 2016 by Bfische (talk | contribs) (Added paranthese)(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff) D. Environmental Review

D. Environmental Review

Minnesota has developed a system for reviewing and determining the potential for significant environmental effects of projects initiated by individuals, organizations, and government units. Environmental review (ER) is managed by the Environmental Quality Board (EQB) under authority through Minn. Stat. § 116C and Minn. R. § 4410. Some public drainage system projects may trigger formal environmental review requiring an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement (EIS). The mandatory EAW categories can be found at Minn. R. § 4410.4300 and the mandatory EIS categories at Minn. R. § 4410.4400.

It is critical to know early in the project life whether an EAW or EIS is required for the project (see Appendix 7), since they can take several months or longer to complete. Conceptual (preliminary) plans are typically sufficient for preparation of either ER document.

Minn. R. § 4410 designates a Responsible Government Unit (RGU) to administer the preparation of ER documents, the verification of the documents for accuracy, and timely compliance with environmental review processes. The RGU for public drainage projects is typically the county or watershed district in which the majority of the project is located.

Routine maintenance or repair of a public drainage system within the limits of its original construction flow capacity, performed within 20 years of construction or major repair, is exempt from all EAW/EIS requirements.

Some public drainage system projects may trigger a mandatory EAW. They include:

• Impoundment of a public drainage system creating additional water surface of 160 or more acres;
  
• Projects changing or diminishing the course, current, or cross-section of one acre of any public water;
  
• Projects changing or diminishing the course, current, or cross-section of 40 percent or 5 acres of Type 3 through 8 wetlands of 2.5 acres in size or greater if any part of the wetland is within a shoreland area or delineated floodplain;
  
• Diversion, realignment or channelization of a designated trout stream; and
  
• Diversion, realignment or channelization of more than 500 feet of a natural watercourse with a drainage area of 10 or more square miles.
  

An EAW may also be required as a result of a petition by at least 100 individuals who reside or own property in the state. If the petition meets Minn. R. § 4410 requirements, and if the evidence provided by the petitioner demonstrates that the project may have significant environmental effects, the RGU must order the preparation of an EAW or deny the petition if this has not been demonstrated.

A mandatory EIS will be required for a public drainage system project that eliminates a public water.

If an EAW or EIS is required for a governmental action under Minn. R. § 4410, or if the RGU orders a discretionary review, or if a petition for an EAW is filed no permits can be issued, approvals given, or projects started, or actions taken (such as acquisition of property) that could prejudice the decision on the project until:

a) A petition for the EAW is dismissed;

b) A negative declaration on the need for an EIS is issued;

c) An EIS is determined adequate; or

d) A variance is granted per Minn. R. § 4410.3100.