Minnesota Environmental Review Program Environmental Review Program Panel

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Minnesota Environmental Review Program

Minnesota Environmental Review Program

Environmental Review Program Panel Denise Wilson Randall Doneen Josh Williams Director, Environmental Review Program

Environmental Review Program Panel Denise Wilson Randall Doneen Josh Williams Director, Environmental Review Program Supervisor, Environmental Review Program Principal Planner, Environmental Review Program Environmental Quality Board Department of Natural Resources City of St Paul denise. wilson@state. mn. us randall. doneen@state. mn. us josh. williams@ci. stpaul. mn. us 9/29/2020 2

Federal vs State Environmental Review National Environmental Policy Act (NEPA) Minnesota Environmental Policy Act

Federal vs State Environmental Review National Environmental Policy Act (NEPA) Minnesota Environmental Policy Act (MEPA) 9/29/2020 3

Minnesota Environmental Policy Act (MEPA) Minnesota Statute 116 D “The legislature, recognizing the profound

Minnesota Environmental Policy Act (MEPA) Minnesota Statute 116 D “The legislature, recognizing the profound impact of human activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high density urbanization, industrial expansion, resources exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of human beings, declares that it is the continuing policy of the state government, in cooperation with federal and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which human beings and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of the state's people. ” 9/29/2020 4

Environmental Review Program Authorities Minnesota Statute 116 D and Minnesota Rules chapter 4410 Board

Environmental Review Program Authorities Minnesota Statute 116 D and Minnesota Rules chapter 4410 Board Authorities Chair Authorities EQB Staff Responsibilities • Promulgate and oversee MR 4410 • Time extensions • Technical assistance • RGU re-designation training and guidance • RGU decisions (petitions) • Outreach, management • Resolve RGU disputes • Publish EQB Monitor • Approve variance requests • Emergency action approval • Track and report program effectiveness data • Require Review (GEIS) • Approve EAW forms • Continuous improvement Initiatives • Approve Alt. forms of review 5

Environmental Review Program Objectives Minnesota Rules chapter 4410. 0400 Subp. 4. Objectives. The process

Environmental Review Program Objectives Minnesota Rules chapter 4410. 0400 Subp. 4. Objectives. The process created by parts 4410. 0200 to 4410. 6500 is designed to: A. provide usable information to the project proposer, governmental decision makers and the public concerning the primary environmental effects of a proposed project; B. provide the public with systematic access to decision makers, which will help to maintain public awareness of environmental concerns and encourage accountability in public and private decision making; C. delegate authority and responsibility for environmental review to the governmental unit most closely involved in the project; D. reduce delay and uncertainty in the environmental review process; and E. eliminate duplication 9/29/2020 6

The 1 st Step in the Environmental Review Process MR 4410. 4300 and 4400

The 1 st Step in the Environmental Review Process MR 4410. 4300 and 4400 • Category • Threshold • Government Agency 3 -y ea r Phased or Connected Mandatory EAW* Mandatory EIS* Petition Discretion *EAW=Environmental Assessment Worksheet *EIS=Environmental Impact Statement 9/29/2020 7

Environmental Assessment Worksheet (EAW) Environmental Impact Statement Permitting and Approval 5 MR 4410. 1700

Environmental Assessment Worksheet (EAW) Environmental Impact Statement Permitting and Approval 5 MR 4410. 1700 4 1 3 2 State or Local Government Agency 9/29/2020 8

Environmental Impact Statement (EIS) MR 4410. 4400 • Category • Threshold • Government Agency

Environmental Impact Statement (EIS) MR 4410. 4400 • Category • Threshold • Government Agency MR 4410. 1700 9/29/2020 • Narrow focus • Alternatives • Environmental, economic, employment, and sociological impacts 9

2018 Environmental Review Program Data Completed by Process Type 9/29/2020 Completed by Government Agency

2018 Environmental Review Program Data Completed by Process Type 9/29/2020 Completed by Government Agency Type 10

2018 Environmental Review Program Data Mandatory Environmental Assessment Worksheet Categories (Total = 80 EAWs)

2018 Environmental Review Program Data Mandatory Environmental Assessment Worksheet Categories (Total = 80 EAWs) Subp. 12, Nonmetallic mineral mining (DNR or LGU) 10 Subp. 14, Industrial, commercial, and institutional facilities (LGU) 3 Subp. 17, Solid waste (PCA) 2 Subp. 19, Residential Development (LGU) 16 Subp. 21, Airport projects (DOT, METC or LGU) 1 Subp. 22, Highway Projects (DOT or LGU) 8 Subp. 26, Stream diversion (LGU) 5 Subp. 27, Wetlands and Public Waters (LGU) 11 Subp. 29, Animal feedlots (PCA or LGU) 13 Subp. 31 Historical Places (LGU) 2 Subp. 32, Mixed residential and industrial-commercial projects (LGU) 4 Subp. 36, Land use conversion, including golf courses (METC or LGU) 1 Subp. 37, Recreational trails (DNR or. LGU) 4 9/29/2020 Other Environmental Assessment Worksheets (Total = 13 EAWs) Discretionary EAW - RGU 9 Discretionary EAW - Project Proposer 2 Discretionary EAW - Citizen Petition 1 Joint EA/EAW 1 Reason for EIS Discretionary 1 Mandatory - Subp. 18, Water appropriation and impoundments. 1 11

2019 Program Improvement Initiatives Master Contract for Government Agencies • Better quality environmental documents

2019 Program Improvement Initiatives Master Contract for Government Agencies • Better quality environmental documents • Reduce time and uncertainty with hiring a qualified consultant Rulemaking • Changes and updates for consistency and/or clarity • Amendments required by statute • Engage a consultant for a project or a technical specialty 9/29/2020 12

Responsible Governmental Units • Completes with procedures under M. R 4410 • Ensures accuracy

Responsible Governmental Units • Completes with procedures under M. R 4410 • Ensures accuracy and completeness of data • Identifies appropriate mitigation as needed • Makes adequacy/need decision • Engages public and responds to public comments 9/29/2020 13

Types of Projects Under Review City of Saint Paul MN Department of Natural Resources

Types of Projects Under Review City of Saint Paul MN Department of Natural Resources • Large housing/mixed-use projects • Projects proposed by DNR • Sports facilities • Metallic Mining • Large site redevelopments • Water appropriations and dams • “Historic EAWs” (Subp. 31) 9/29/2020 14

Examples of Benefits MN Department of Natural Resources City of Saint Paul • Requires

Examples of Benefits MN Department of Natural Resources City of Saint Paul • Requires project proposers to think more broadly about their projects • Formalized agency communications process • Project revisions that lessen impacts • Good way to evaluate projects prior to permitting process • Development of information to inform permit decisions • Provides basis for regulatory authority 9/29/2020 15

Opportunities for Improvement City of Saint Paul MN Department of Natural Resources • Coordination

Opportunities for Improvement City of Saint Paul MN Department of Natural Resources • Coordination with other processes • RGU community of practice • “Right-sizing” certain reviews • Additional resources for emerging issues • Project specific review procedures • EAW Forms • Alternative Environmental Review 9/29/2020 16

EQB Quarterly Board Meeting Working with Tribal Governments; Another Perspective Edward Fairbanks| Deputy Tribal

EQB Quarterly Board Meeting Working with Tribal Governments; Another Perspective Edward Fairbanks| Deputy Tribal Liaison 05/01/2019 mndot. gov

What is Indian Country? “Indian Country” is legally defined under federal law It is

What is Indian Country? “Indian Country” is legally defined under federal law It is generally within these areas that tribal sovereignty applies and state power is limited • • Indian reservation Tribal trust lands Indian allotments Ceded Territories

MN Tribal Nations 19

MN Tribal Nations 19

Traditional Way of Life 20

Traditional Way of Life 20

9/29/2020 21

9/29/2020 21

Tribal Boundaries Today

Tribal Boundaries Today

Ceded Territories Land Cession Treaties with Federal Government • Indian Treaties 17781883 primary purpose

Ceded Territories Land Cession Treaties with Federal Government • Indian Treaties 17781883 primary purpose – forcibly remove Indians and take their land for US Government expansion to the West.

Harvesting Native Wild Rice © Copyright Aaron Fairbanks, 2015 24

Harvesting Native Wild Rice © Copyright Aaron Fairbanks, 2015 24

9/29/2020 mndot. gov 25

9/29/2020 mndot. gov 25

Coordinated Cultural Resources Databases OSA MAID Library SHPO MIAC

Coordinated Cultural Resources Databases OSA MAID Library SHPO MIAC

OSA Portal https: //osa. gisdata. mn. gov/osa-viewer/

OSA Portal https: //osa. gisdata. mn. gov/osa-viewer/

Thank you again! Edward Fairbanks Deputy Tribal Liaison Minnesota Department of Transportation Edward. fairbanks@state.

Thank you again! Edward Fairbanks Deputy Tribal Liaison Minnesota Department of Transportation Edward. fairbanks@state. mn. us www. dot. state. mn. us/mntribes 29