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On the Need for an Environmental Assessment Worksheet Findings of Fact Bituminous Roadways, Inc. Hot Mix Asphalt Plant Project Conclusions of Law Columbus, Minnesota And Order 3 13.On August 3, 2017, the MPCA requested from the EQB a time extension of 15 days to review the Petition for an EAW on the Project, pursuant to Minn. R. 4410.1100, subp. 7. See Attachment 3. 14.On August 3, 2017, the MPCA received EQB approval of the request for a 15-day extension until September 6, 2017. See Attachment 4. 15.Minn. R. 4410.1100, subp. 8, requires the RGU within five days of its decision to notify, in writing, the Project proposer, the EQB, and the petitioner’s representative of its decision. The MPCA will notify the required parties as required after this order becomes effective. Determination of Environmental Review Requirements 16.The first step in making the decision on the need to prepare an EAW is to compare the Project to the categories and thresholds for a mandatory EAW (Minn. R. 4410.4300), a mandatory Environmental Impact Statement (EIS) (Minn. R. 4410.4400), and the exemptions from environmental review provided in Minn. R. 4410.4600. 17.The MPCA finds that the Project does not meet any mandatory thresholds under Minn. R. 4410.4300, nor any mandatory EIS thresholds in Minn. R. 4410.4400. 18.The MPCA finds that the Project does not meet an exemption category for environmental review under Minn. R. 4410.4600. 19.The Petitioners’ representative states an EAW is mandatory because it satisfies several EAW thresholds: a)Minn. R. 4410.4300, subp. 27, because of the Project’s effect on wetlands b)Minn. R. 4410.4300, subp. 14, because the Project involves the construction of a large industrial facility c)Minn. R. 4410.4300, subp. 16, because the Project will generate hazardous waste Wetlands 20.Minn. R. 4410.4300, subp. 27 states: A.For projects that will change or diminish the course, current, or cross-section of one acre or more of any public water or public waters wetland except for those to be drained without a permit pursuant to Minnesota Statutes, chapter 103G, the local government unit shall be the RGU. B. For projects that will change or diminish the course, current, or cross-section of 40 percent or more or five or more acres of types 3 through 8 wetland of 2.5 acres or more, excluding public waters wetlands, if any part of the wetland is within a shoreland area, delineated flood plain, a state or federally designated wild and scenic rivers district, the Minnesota River Project Riverbend area, or the Mississippi headwaters area, the local government unit shall be the RGU. 21.The MPCA reviewed the Minnesota Department of Natural Resources public waters maps, the U.S. Fish and Wildlife Services National Wetlands Inventory Mapper, and the Anoka County Floodplain