5.2. SR 09-08-1997 - Laserfiche WebLink

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DORSEY & WHITNEY LLP Mr. Stephen Rohlf Page 12 August 13, 1997 (6) Sustainable Development ("...maintain[] nature's ability to function over time by minimizing waste, preventing pollution, [and] promoting efficiency..." Article 4A.08(11). Immediately after the Minnesota Legislature has emphasized the State's commitment to comprehensive planning, it appears Elk River is attempting to turn back the clock to ignore these objectives. The Urban Service EAW should not be permitted to ignore this new legislation. MEPA Review Alternatives Ultimately, Cargill is skeptical that the EAW process will satisfy MEPA's requirements with regard to the necessary review of potential cumulative impacts associated with the type of large-scale development and fundamental ecological modification that Elk River envisions will begin with this project. For environmental review under MEPA permissibly to be limited to an EAW alone, the potential impacts must be minimal and the project relatively confined. When a project covers a large area that could be substantially transformed by the proposed development, an alternative form of environmental review is required to meet MEPA's proscriptions against piecemeal analysis. The mechanisms provided in the EQB's rules for the type of comprehensive, integrated review of major new urban development are the EIS process and the alternative urban area-wide review (AUAR) established in Minn. Rule 4410.3610. The City of Savage recently completed the AUAR process before proceeding with the extension of urban services to a 2600-acre portion of that municipality. The AUAR was used to identify a variety of sensitive environmental resources and to develop specific mitigation measures to avoid significant environmental impacts. Once an AUAR has been completed, any commercial or residential projects consistent with the development scenarios and protections identified in the AUAR may proceed without the need for project-specific environmental review under MEPA. Minn. Rule 4410.3610, subpt. 2. Elk River may wish to consider this alternative form of environmental review rather than requiring an EIS to be completed for the project study area. Absent some form of comprehensive review that goes beyond the EAW process, however, it is unlikely that Elk River will be able to satisfy MEPA's requirements in connection with its proposed urban services project.