NOTICE OF ADDITIONAL DAYS OF HEARING
Proposed Amendment to Rules Governing the Environmental Review Program, Minnesota Rules, chapter 4410, Adopting Mandatory Environmental Assessment Worksheet and Exemption Categories for Recreational Trails
Additional Days of Hearing. The Environmental Quality Board (EQB) has previously announced a public hearing on the above-entitled rules to be held in Bemidji, Hermantown, and at Fort Snelling in the Twin Cities on January 11, 12, and 19, respectively. (For information about those hearing locations see: the EQB’s website at ; the November 22, 2004 or December 6, 2004 issues of the EQB Monitor; or the State Register, Volume 29, Number 21, pages 571-573, November 22, 2004 (29 SR 571)).
This notice is to inform you of two additional dates and locations of the hearing that have been added by the EQB. The additional times of hearing and their locations will be:
- Monday, February 14, 2:00 p.m. to 5:00 p.m. and 7:00 p.m. to 10:00 p.m., at the South Central Technical College, 1920 Lee Boulevard, North Mankato; and
- Thursday, February 17, 2:00 p.m. to 5:00 p.m. and 7:00 p.m. to 10:00 p.m., at the Rainy River Community College, 1501 Highway 71, International Falls.
To find out if a hearing has been postponed due to adverse weather conditions, please call the EQB contact person listed below or check the EQB website: www.eqb.state.mn.us.
Subject of Rules. The proposed rules would amend the lists of mandatory Environmental Assessment Worksheet (EAW) categories (at Minnesota Rules, part 4410.4300) and Exemption categories (at Minnesota Rules, part 4410.4600) to add categories specific to certain types of recreational trails. The proposed rules would not establish categories for mandatory Environmental Impact Statements (EISs) for recreational trails. If the EQB adopts the mandatory EAW and Exemption categories, review will become automatic for some trail projects, while discretionary review (including review initiated by citizen petition) will no longer be possible for others.
A copy of the proposed rules was published in the State Register issue referenced above and is also available at the EQB website: . A free copy of the rules is available upon request from the agency contact person. A Statement of Need and Reasonableness (SONAR) is also available for review at the EQB offices and website and at the Office of Administrative Hearings. This statement contains a summary of the justification for the proposed rules, including a description of who will be affected by the proposed rules and an estimate of the probable cost of the proposed rules.
Public Comment. You may present your views either orally at the hearing or in writing at any time before the close of the hearing record. All evidence presented should relate to the proposed rules. You may also submit written material to the Administrative Law Judge to be recorded in the hearing record for five working days after the public hearing ends. This five‑day comment period may be extended for a longer period not to exceed 20 calendar days if ordered by the Administrative Law Judge at the hearing. All comments and responses submitted to the Administrative Law Judge must be received at the Office of Administrative Hearings no later than 4:30 p.m. on the due date. All comments or responses received will be available for review at the Office of Administrative Hearings.
Administrative Law Judge. The hearing will be conducted by Administrative Law Judge Steve M. Mihalchick, who can be reached at the Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401‑2138, telephone 612-349-2544, and FAX 612‑349‑2665. The rule hearing procedure is governed by Minnesota Statutes, sections 14.131 to 14.20, and by the rules of the Office of Administrative Hearings, Minnesota Rules, parts 1400.2000 to 1400.2240. Questions concerning the hearing procedure should be directed to the Administrative Law Judge.
Agency Contact Person. The agency contact person is: Gregg Downing at EQB, 300 Centennial Building, 658 Cedar Street, St. Paul, MN 55155; phone, 651/205-4660; FAX, 651/296-3698; and email, gregg.downing@state.mn.us. TTY users may call the Department of Administration at 800/627-3529.
Additional Hearing Information. For additional details about the hearing process consult the November 9, 2004 Notice of Hearing. This notice was published in the issue of the State Register referenced above and the November 22, 2004 & December 6, 2004 issues of the EQB Monitor, and is also available at the EQB’s website at .
Modifications. The proposed rules may be modified as a result of the rule hearing process. Modifications must be supported by data and views presented during the rule hearing process, and the adopted rules may not be substantially different than these proposed rules, unless the procedure under Minnesota Rules, part 1400.2110, has been followed. If the proposed rules affect you in any way, you are encouraged to participate.
Alternative Format/Accommodation. Upon request, this Notice can be made available in an alternative format, such as large print, Braille, or cassette tape. To make such a request or if you need an accommodation to make this hearing accessible, please contact the agency contact person at the address or telephone number listed above.
Dated: January 3, 2005 Michael Sullivan
Executive Director