From rep.matt.entenza@house.leg.state.mn.us Thu Aug 1 14:42 CDT 2002 Dear Steven: Below is the letter Representative Entenza mailed today to the EQB. *********************************************************************************************** August 1, 2002 Mr. Gene Hugoson, Chair Environmental Quality Board 658 Cedar Street Room 300 Saint Paul, Minnesota 55155 Dear Mr. Larson: As the State Representative for District 64A, I am writing to the Environmental Quality Board (EQB) to share my concerns about the environmental review process surrounding the Ayd Mill Road project in Saint Paul. In particular, I am concerned that the connection of Ayd Mill Road to I-35E by the City of St. Paul to conduct "tests" has not received the environmental review appropriate under the Minnesota Statutes and the EQB rules (Chapter 4100). Upon examination of Chapter 4100, there are several provisions which call the City's actions into question. For example, the opening of the Ayd Mill Road ramp to I-35E should have triggered a mandatory Environmental Assessment Worksheet (EAW) which was not conducted. Nor, with respect to the mandatory EAW, has it been established that the tests conducted by the City fall under the data collection exemption to the EAW/EIS process. It also appears that the Minnesota Department of Transportation's issuance of a permit to the City to conduct the tests was improper. While neighborhood residents have asked the EQB to hold a hearing on these and other issues, they have not received a positive response to-date. The EQB rules exist for a reason: they set forth a fair process under which responsible governmental units (RGUs) must conduct environmental review. Under these rules, the process of environmental review is designed to be the same for all projects, whether politically controversial or not. RGUs are not at liberty to discard the process when it presents obstacles that are cumbersome or which they would prefer to avoid. If RGUs do discard the process, the role of the EQB is to initiate enforcement of the rules. See Minn. Stat. § 116D.04, subd. 10, 13 (2000)(authorizing enforcement of the EIS process by injunction and stating that "[u]pon the request of the board or the chair of the board, the attorney general may bring an action under this subdivision."). See also Minn. R. 4410.0400 (2000)(stating that "[t]he EQB shall assist governmental units and interested persons in understanding and implementing the rules."). If the EQB does not take up this role, the rules of environmental review become meaningless. I therefore formally request that the Environmental Quality Board immediately schedule a hearing to determine whether the City of Saint Paul's decision to connect Ayd Mill Road to I-35E was made in accordance with Environmental Quality Board rules. If the Board determines that the rules of environmental review have been violated, I would fully expect that the EQB will work with the Attorney General's office to enforce compliance. Finally, I respectfully request that the EQB provide me prompt notification on how it intends to proceed in this matter. Sincerely, Representative Matt Entenza