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A brief document which is designed to set out the basic facts necessary to determine whether h b f d h h a more thorough study, EIS (Environmental Impact Statement) is required for a proposed action.

An EIS shall be ordered for projects that h t ti l for i ifi t have th potential f significant the environmental effect

Mandatory For projects greater than 40 acres in size.

*(MN rule 4410.4300 for EAW or 4410.4400 for EIS)

Discretionary Ordered by the RGU (Regulatory Government Unit) on projects where potential exists for environmental effect or for a project that may be controversial in nature.
* RGU Government unit responsible for environmental review, usually the unit with the greatest authority over the project as a whole.

Petitioned A 100 plus signature petition to the Minnesota EQB (Environmental Quality Board) voicing concerns about potential for environmental effect.

* Must still be discretionally ordered by the RGU * EQB State agency that adopts, monitors effectiveness, revises and provides technical assistance to environmental review.

Voluntary Done by the petitioner in foresight of one possibly being ordered and to speed up the process.

* EAWs are NOT approval processes (permits). * EAWs are NOT designed or intended to be a substitute EAW d i d i d d b b i for an EIS, no matter how thick it is. * EAWs are for information gathering only, must g g y, contain factual information and refrain from offering conclusions. * No decision(s) on granting permit or any other approval N d i i ( ) ti it th l to commence the project may be issued until the EAW/EIS process is complete. / p p * Project proposers completing EAWs are not required to mitigate the environmental impacts of their projects.

Step 1: Proposer submits completed EAW for review S 1 P b i l d f i

and accurate. Yes = Prepares document for step 2 No = Returns to proposer for editing

* RGU has 5 days to determine if the submittal is complete

Step 2: RGU prepares document for distribution

* RGU has 30 days after accepting completed EAW to prepare document by: - Editing for understandability - Correcting spelling and grammar errors - Add supplemental material to provide more information

Step 3: RGU approves and distributes EAW.

* Within 5 days of approval, the RGU distributes completed EAW to: approval - Minnesota EQB for official publishing in the EQB Monitor * Publishing starts the 30 calendar day public comment period. * EQB Monitor published every other Monday. - M di f publishing i l Media for bli hi in local newspaper l - Required Federal, State, regional and local agencies who have expertise and responsibilities in environmental areas. * Winona County - RGU provides a mailed notice to all property owners within mile of the project boundaries indicating the availability of the EAW and the date of the Planning Commission hearing that addresses the EAW. This notice is mailed at least 10 days prior to the hearing y p g date. - Winona Planning Commission reviews EAW and sends its recommendation to the County Commissioners.

Step 4: The RGU responds to all timely and substantive public comments. b i bli
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* At the end of the 30 day public comment period, The RGU has 30 days to: Make a decision whether or not a EIS is necessary necessary. Prepare a finding of facts document to summarize the RGUs factual and legal reasons for reaching their decision. Prepare a draft resolution that seeks official Government p approval of the decision of the need for an EIS. Prepare and distribute a record of decision along with the responses to the public comments to all required parties. If needed, postpone the d i i d d h decision f no more than 30 d h for days if i i it is decided that within that time frame additional information can reasonably be obtained to assist in reaching a decision.

In deciding whether a project has the potential for significant environmental effects, the RGU shall effects compare the impacts that may reasonably be expected to occur from the project using the following (4) criteria:
A. Type, extent and reversibility of environmental effect B. Cumulative potential effects (CPE)
* The RGU should address the projects interaction with other past, present and future projects in the vicinity and be alert of the possibility that because of cumulative effects, a EIS may be needed. (More discussion later in presentation)

C. The extent of which the environmental effects can be mitigated by ongoing public regulatory authority.
* This criteria is frequently the main justification for why an EIS is not ordered. Projects often have impacts that could be significant if not for permit conditions and other aspects of public regulatory authority. The RGU must be careful to rely on the adequacy of that authority to be able to handle potential problems and should only rely on mitigation measures that are both specific and reasonably expected to b effective. d be ff i

D. The extent of which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, including other EISs.

Question 1 Project Title Question 2 Proposer Question 3 Regulating Government Unit Question 4 R Q i Reason F EAW P For Preparation i Question 5 - Project Location

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Question 6 Description
* * * * * *

Q Question 7 Project Magnitude j g

Must include COMPLETE project past, present and future stages project, past Description should focus on aspects that may directly manipulate, alter or impact the physical environment. Description should identify who will benefit from the project (project goals). Description should not include information to promote, justify or is irrelevant to the project. Phased and/or Connected actions must be reviewed as a single project. (MN Rule 4410.0200 subpart 60 and 9b) (S & G Mining) Site plan description must include boundaries, depths, buffer areas access roads fixed boundaries depths areas, roads, equipment areas, wells, ponds, discharge points and hours of operation. * (MPCA) Describe known or predicted future phases or stages (industrial parks etc.) including by other project proposers. * Total project area * Compare heights of nearby buildings is required if project height is >2 stories

Question 8 Permits and Approvals Required

* List the permits, approvals, reviews and financing required or sought from all government agencies. * This question also provides opportunity to explain how potential impacts can be mitigated through permit and approval conditions.

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Question 9 Land Use

* Identify potential environmental conflicts with surrounding land uses that may require mitigation (dust, noise) * Environmental is defined as LAND, AIR, WATER, MINERALS, FLORA, FAUNA, AMBIENT NOISE, ENERGY RESOURCES and MAN MADE OBJECTS or NATURAL FEATURES of HISTORIC or ASTHETIC SIGIFICANCE. (MN Rule 4410.0200 subpart 23) (Traffic is not environmental but safety) * (S&G Mining) Mining is frequently viewed as a nuisance by nearby residents, discuss surrounding land uses including distances to residences and measures to attempt to reduce nuisances.

* (MPCA) Proximity means a mile or so. Discuss what is adjacent to the site (in all directions) and distances. Note any vulnerable populations nearby. * CONFLICT Intensity of activity including noise and hours or operation are in direct conflict with neighboring residences safety and quality of life. - Children live near both mining and processing activities - MN Personal Nuisance Laws (do their actions effect your ability to enjoy your land?)

Q i Question 10 C Cover T Types

* Include acres of land cover both before and after project.

* CONFLICT Cumulative impact on removal of overburden wildlife habitat and agriculture at all mining sites.

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Question 11 Fish, Wildlife and Ecological Resources

* Nearly ALL undeveloped land has some wildlife habitat value, the quality and value depends on present. degree of disturbance, nature of adjoining areas, area and type of vegetation and water resources * The RGU ultimately decides the value of the habitat effected? * CONFLICT - If wildlife is d l f ldl f displaced and travel corridors are eliminated, where will the animals go? d d l d l d h ll h l

Question 12 Physical Impacts on Water Resources Question 13 Water Use

* Surface waters/wetlands etc. etc * Must describe ALL water usage (including slurry, dust suppression etc.) * Must have DNR Appropriations Permit if >10,000 gallons are used annually and MN Dept. of Health consultation if public water source is used (Well management program). * CONFLICT - Excessive water use will likely effect neighboring private and municipal wells.

* Should include quantitative analysis of the impacts on ground water levels.

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Question 14 Water Related Land Use Mgmt Districts Question 15 Water Surface Use Question 16 Erosion and Sedimentation Question 17 Water Quality Surface Run Off
impact both before and after the project. * Describe possible pollutants that would exit the site in surface run off. * Describe dimensions and locations of detention ponds, retention basins or infiltration areas to manage runoff. * CONFLICT Potential for chemical spill is high at any rail loading facility. St Charles site is located on natural drainage area from higher lands to the south (I-90) * Shore land type areas or alterations in water ways

* Describe amounts and composition or storm water runoff and techniques used to minimize adverse

Question 18 Water Quality Wastewaters

* Water from filtering, cooling or slurry systems?

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Question 19 Geologic Hazards and Soil Conditions

* CONFLICT - Karst topography and sink hole issues * Note how groundwater contamination from these features can be prevented. features or special concern.

* Provide information pertinent to potential groundwater contamination including geologic or landform

Question 20 Solid and Hazardous Wastes, Tanks

* List special precautions taken to prevent leaks and other problems and note emergency response disposal. should include a chemical analysis its location and the environmentally acceptable method of analysis,

* All types of waste generated from the project should be listed here. In addition each toxic substance

* CONFLICT Questionable dispersal of polyacrylamides and fines. Emergency plans and avenues of fines escape for local residents in the event of an emergency.

containment plans.

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Question 21 Traffic
* A reasonable estimate is called for bl ll d f * Traffic analysis by the DOT? * Identify congestion created by the increase in traffic and needed improvements. * (S&G Mining) Although safety related traffic concerns are not environmental in nature, local residents * (MPCA) Indicate areas of special concern, school bus routes, delays detours and driveways . * CONFLICT Safety, dust from trucks and possible delays in emergency response due to rail activity at crossings. will likely want to know amounts and routes of trucks trucks.

Question 22 Vehicle Related Air Emissions

* If Question 21 notes and increase in traffic/congestion, an estimate of the change in air quality must be prepared here. The analysis should concentrate on carbon monoxide concentrations.

* CONFLICT Increase in truck traffic may increase risks related to exhaust emissions.

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Question 23 - Stationary Source Air Emissions

* * * * *

Describe the type, source, composition and quantities of any emissions from the project (dryers, exhaust etc.) Note the likely impacts on air quality from industrial (non-traffic) sources. Hazardous pollutants MUST be identified. (This includes regular dust as well as fugitive silica dust) Note locations and distances to sensitive receptors including proposed mitigation measures. (MPCA) List any air modeling results from either state or federal sources. Facilities that emit hazardous air pollutants may also need to conduct an Air Emissions Risk Analysis (AERA) during the EAW process. The AERA id tifi chemicals of potential concern and considers potential effects on health. identifies h i l f t ti l d id t ti l ff t h lth * CONFLICT Fugitive silica dust from sifters, dryers, conveyers, stockpiles, trucks, trains and the wind

Question 24 Odors, Noise and Dust

* * * *

Odors Although not a risk, they do result in nuisance/loss of quality of life to surrounding neighbors. Dust See Question 23 Noise ANY major noise should be described, including decibel levels and hours of operation. (S&G Mining) Address noise by given characteristics and the location and distances to receptors should be noted along with mitigation measures being implemented. * (MPCA) Indicate duration and frequency of impacts received by receptors (residential and non residential) non-residential) during operation. If need Noise Impact Modeling should be completed. (MN R. 7030.0040) * CONFLICT Noise levels from: Dryers, sifters, conveyers, loaders, trucks, locomotives, coupling activities, wheel squeal, hours of operation

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Question 25 Nearby Resources Question 26 Visual Impacts

integrity of the area. * Parks, Preserves, Historical, scenic etc. Parks Preser es Historical etc * Describe any non-routine impact due to emission of lights or a visual nuisance caused by the project. Examples include lights on towers large plumes of smoke or steam and anything that intrudes on the visual * CONFLICT Disturbance of the visual integrity of the area.

Question 27 Capability with Plans and Land Use Regulations

* Emphasis in the EAW should be g p given to, any conflicts or incompatibilities between the p j , y p project and comprehensive plan provisions that relate to the environment or use of natural resources.

Question 28 Infrastructure and Public Services

streets police fire etc ) streets, police, fire, etc.) part of the project (connected action rule).

* Identify any new and/or expanding public services needed to serve the project. (water, sewer, gas, electricity, * Any infrastructure utilities constructed to serve this specific project must be treated in the EAW process as

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Question 29 Cumulative Impacts

- Is the CPE from all sources significant?

* EQB rules state that the RGU must identify, consider and account for other projects that contribute to l h h d f d d f h h b the cumulative potential effect (CPE). (MN rule 4410.1700 subpart 7 item B)

- Will the project under review add to the sum of other past, present or reasonably foreseeable future projects? - How well will the project be able to comply with present approved government mitigation? - Has the proposer made a token effort at mitigation or have they been genuinely responsive to the RGU and public comment?

* The EAW record must provide some information about potential cumulative impacts in order to * CONFLICT All mining and processing activity including: all related traffic, all related water use, the sum of all air, water, light and noise pollution. (Natural features of asthetic significance?) support the EIS need decision according to the rules.

Question 30 Other Potential Environmental Impacts

* List any adverse environmental impacts not addressed in questions 1-28

Question 31 Summary of Issues y

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* The total effect on the environment resulting from the incremental effects of the project under review plus similar effects from certain other past, present and reasonably foreseeable future projects. (4410.0200 subpart 9b) f bl f ( b b) ? Which other projects need to be considered ? 1. 1 Must be located within the environmentally-related area and be reasonably expected environmentally related area to effect the same environmental resources as the project under review.
* Projects need not be by the same proposer . * Projects need not be under the same jurisdictional area of the RGU. (Environmentally-related area is defined as projects having an overlapping footprint)

2. Consider past and present projects (both operating or not but has left an effect). 3. Consider future projects that are actually planned or if a basis of expectation for it has been laid. (2 part test) ( p )

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1- Is the project reasonably likely to occur?

* Have applications, permits been filed with any unit of government? * Have detailed plans and specifications been prepared? * Have Comprehensive plans been adopted? * Do historic or forecasted development trends exist? * Any other factors such as funding, land acquisition development agreements etc.

2 - Is there sufficient detailed information available about the project to contribute to the j understanding of CPE?
* This part only needs to be addressed if the first part is met and is a practical effort to predict (not an academic exercise) potential future environmental effects as accurately as possible.

* Connected Actions are two or more projects that are related, interdependent parts of the larger whole. (One induces on the other, is a prerequisite for the other and neither is justified by itself) * Phased Actions are two or more projects by the same proposer that will have environmental effects on the same geographic area and will occur sequentially over a limited time period.
Whenever two or more projects are related in any of these ways, they must be considered as one project, regardless of ownership or timing. (4410.1000 and 4410.2000 subparts 4)

Defining Mandatory EAW ( t related t CPE) D fi i M d t EAWs (not l t d to

(part 4410.0200 subpart 9b and 60) (includes infrastructure)

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Focus on statements that address the accuracy of the EAW material. Note specific information that lacks completeness or contains half truths. Note information that is questionable, subjective or lacks credible references. f h bl b l k d bl f Note applicable MN statutes and rules. (including local ordinances) Back up your points with and note references that you have used. Utilize government agencies for accurate up-to-date information. (DNR, MPCA Dept. (DNR MPCA, Dept of Health DOT etc ) Health, etc.) Use terminology familiar to the EAW/EIS process (significant, potential, cumulative etc.). State both known case history and note unknown/undocumented data. Avoid emotional responses. Avoid comments not environmentally (land, air, water etc.) related. Diffuse the idea that you are solely an environmentalist. Personalize your letter with references to: your location, effect on your family (children, seniors), your future, your life investments (home, business, farm, family) and your quality of life. EQB www.eqb.state.mn.us - EAW Guidelines - Preparing Environmental Assessment Worksheets * April 2010 Errata & Updates for: (for cumulative potential effect info)

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