Dear Members of the Environmental Quality Board, SUMMARY: The City of St Paul has built the Ayd Mill Road "Hamline extension" four lane alternative ("TEST") through phased actions and related actions which have the cumulative effect to prejudice the Ayd Mill Road EIS toward a four lane alternative by establishing a growing traffic route, shown by city traffic data. The RGU arbitrarily changed public input process outlined in the Draft EIS, that the Ayd Mill Task Force would continue to be the vehicle of public input and continue meeting, etc. The Task Force has not been active at all even though a freeway connection at I-35E was opened up without public participation which wa in effect the "Hamline Extension". The DRAFT EIS says that the I-35E connection would not be open until the north end roads would mitigate traffic increases. This was not done and the connection was opened. Pollution, noise and traffic increases have all occurred on the north end damaging the citizens. As a result of the "Hamline Extension" the Ayd Mill Road has significant traffic increases to create a constituency to prejudice a decision in favor of a four lane connected alternative. The "Hamline extension" alternative was found "NOT feasible" in the EIS Scoping Document and so it is illegal. Damage is happening to the neighbors because of "TEST" noise violations at 33 of 36 monitoring stations, increased traffic, increased pollution and must be mitigated. The phased actions and related actions were MNDOT I-35E permits, construction and configuration to exit at Hamline, repaving, land deals, (the land borders Hamline), etc. REQUEST: This is a request for action from the EQB to revoke the Ayd Mill Road MNDOT connection permit to I-35E, stop construction projects in the Ayd Mill EIS area and drop traffic speeds on Ayd Mill to mitigate the MN noise standard violations caused by the Ayd Mill Road connection to I-35E known as the "TEST" and remove the adequacy determination from the RGU to the EQB. HISTORY: In 1999 the Ayd Mill Environmental Impact Study (EIS) Citizens Task Force, whose members were all appointed by the City of St Paul, ranked all the I-35E to I-94 connecting options at the very bottom of the list of the project possibilities. The city staff and administration could not get its preferred four lane alternative in the top four recommended choices. The City of St Paul then changed its tactics. It stopped public input, stopped the Task Force and the EIS process and established the four lane I35E to I94 Ayd Mill Road Hamline extension alternative, with continuing incremental building improvements and phased actions with the strategy to prejudice the ultimate decision on the project EIS toward a four lane alternative by establishing growing traffic on Ayd Mill Road. This is against the law. There is a long continuing pattern of lawbreaking that must be stopped now, including prohibiting bicycles and pedestrians with signs on Ayd Mill Road, secret projects and planning in January - May 2002, construction and MNDOT permits to connect to Ayd Mill Road to I-35E in May-June 2002, for about $500,000, land acquisition for the project and further construction and road configuration during June 2002-June 2003. Now more secret city planning, MNDOT permits, property acquisition agreements, and more "traffic capacity enhancement" projects have been announced by Mayor Kelly of St Paul on June 6 2003. And now, August 13, 2003 the $450,000 additional work has been announced at: http://www.ci.stpaul.mn.us/mayor/newsroom/aug1303b.html All of this activity are related phased actions outside of the Ayd Mill EIS Scope and all of these actions are outside due process for public participation in an EIS. The aim of all these projects and permits is to create a four lane freeway type Ayd Mill Road connecting I-35E to I-94 as a "four lane Hamline extension" alternative explicitly dropped from the Ayd Mill Scope and prejudice the ultimate decision on the project EIS toward a four lane alternative by establishing growing traffic on Ayd Mill Road, which violates Minnesota statutes. Though the Mayor has had over a year and a half to move to compliance with MN State Statutes and Environment Rules there are no actions taken by the city under the EIS process. No money has been spent on the EIS since 1999 while over $500,000 was spent on constructing a 4 lane connection to I-35E outside the scope of the Ayd Mill EIS. And $500,000 more was spent for traffic capacity enhancement projects (resurfacing) in 2003. This "Hamline extension" was explicitly determined "NOT feasible" by the Ayd Mill EIS Scoping Document. Instead of the EIS process Mayor Randy Kelly of St Paul continues an established pattern of non-compliance with Minnesota Statutes and Rules that he started with a "Test" described in Randy Kelly's letter to the City Council May 2, 2002, and June 6, 2003, Randy Kelly announced an 18 month I-35E MNDOT connection permit, "traffic capacity enhancements" and a June 3, 2003 property acquisition agreements with Concordia College President. St Paul Water Utility property at Hamline and Marshall is also involved. The "Test" has violated MN Noise Standards at 33 of 36 measurement locations. (See referenced data documents at http://www.ci.stpaul.mn.us/depts/publicworks/aydmillroad/) The I-35E connection is part of the Ayd Mill EIS: - The I-35E connection to Ayd Mill Road was to be decided later according to the RIP 35E Federal Court Agreement. Not using the Ayd Mill Task Force and implementing the "Hamline Extension" aka "Test" violates the following statutes for not utilizing the process and not identified the permits used to implement the "Hamline Extension" aka "TEST". MN Statutes 116D.04 subd(2a) (f) An early and open process shall be utilized to limit the scope of the environmental impact statement to a discussion of those impacts, which, because of the nature or location of the project, have the potential for significant environmental effects. The same process shall be utilized to determine the form, content and level of detail of the statement as well as the alternatives which are appropriate for consideration in the statement. In addition, the permits which will be required for the proposed action shall be identified during the scoping process. Further, the process shall identify those permits for which information will be developed concurrently with the environmental impact statement. The board shall provide in its rules for the expeditious completion of the scoping process. The determinations reached in the process shall be incorporated into the order requiring the preparation of an environmental impact statement. THE AYD MILL ROAD SCOPING DOCUMENT - The Ayd Mill Road Scoping Document makes clear that the project "begins at I35E in St Paul on the south and ends at I-94 in St Paul on the north", from the Title Page of the Document. >>> This includes the connection of I-35E on the south and identifies the MNDOT permits to connect Ayd Mill to I-35E in Table 15. P 14: Issues of Potential Significance "Traffic Impacts" "Noise Impacts" >>Traffic impacts and noise impacts of the "TEST" connection to I-35E are significant and documented on the City of St Paul's website. They include violation of MN noise standards in 33 of 36 measurement sites and higher traffic volumes on Hamline, Snelling, Marshall and Lexington, which is an area of special traffic concern addressed in the "Purpose and Need For the Project" section of the Scoping Document P. 27. All of the so called "TEST" and "related actions" must be a part of the Scoping Document. P 17: "A direct connection between I-35E and the south end of Ayd Mill Road was considered in the I-35E EIS in the early 1980s, but this decision was postponed by resolution of the St Paul City Council until I-35E had been constructed and " a satisfactory resolution of traffic problems at the north end" could be achieved." >>> Traffic problems at the north end are now worse with the "Hamline Extension" also known as the "TEST" by the City's own data at its website. P 19: Purpose of the Scoping Document "..there are no direct connections (interchanges) between Ayd Mill Road and I-35E.." "The Scoping Document also identifies the permits for which detailed information will need to be developed prior to the construction of the project." >>> Permits to connect the approved alternatives are identified in Table 15. The "TEST" configuration of the "Hamline extension" is explicitly NOT an alternative (P 48. and Table 4 p.58) The current MNDOT permits and "TEST" were not identified in the Scoping Document or were expressly dropped from the alternatives. P 48: "..the Hamline extension is NOT feasible.." P 58: "Table 4: Although split diamond and frontage road connections were determined to be feasible at Hamline, no cost estimates or further evaluations of these connection were done because the Hamline extension was determined to be not feasible." >>> The "TEST" IS THE "Hamline extension", ruled out by the Scoping Document. Clearly the I-35E connection is in the Scope of the Ayd Mill EIS. No where in the scope is a so called "Ayd Mill I-35E TEST Connection" project mentioned. No where are the MNDOT permits issued to connect to I-35E for a "TEST", only as permits for the alternatives identified by the Scoping Document. refer to 4410.2100 Subp 6 C. The "TEST" has violated MN noise standards at 33 of 36 measurement locations. Traffic solutions have not been resolved for the north end. The EIS is not complete. Citizens are being harmed by the test. The I-35E connection is covered under the Ayd Mill Road Scoping Document. The MNDOT permits and the "Test" I-35E connection are not in the Scope of the Project. The City of St Paul is building the project as a set of phased actions and related actions disguised as a test. The phased actions include the I-35E connection, resurfacing, and property agreements with Concordia College to acquire land for the extension of Ayd Mill Road. Since the impact of the I-35E connection was to be determined in the EIS, the I-35E connection is a new freeway connection and the I-35E connection to Ayd Mill Road exceeds EAW thresholds and must be in the EIS Scope. The "TEST" further exceeds MN noise standards in 33 of 36 testing stations and is harming the citizens of St Paul. The MNDOT permits to connect to I-35E to Ayd Mill violate 116D.04. There were many no connect alternatives in the EIS and the MNDOT permits for connection violate 116D.04 Subd. 6: "116D.04 Subd. 6. Prohibitions: No state action significantly affecting the quality of the environment shall be allowed, nor shall any permit for natural resources management and development be granted, where such action or permit has caused or is likely to cause pollution, impairment, or destruction of the air, water, land or other natural resources located within the state, so long as there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare and the state's paramount concern for the protection of its air, water, land and other natural resources from pollution, impairment, or destruction. Economic considerations alone shall not justify such conduct." >>>Significance of the "TEST" on north end traffic, pollution and MN Noise Standard violations has been referred to above. 4410.0300 Subp.3 Purpose. "Environmental documents shall be used as guides in issuing, amending, and denying permits and carrying out other responsibilities of governmental units to avoid or minimize adverse environmental effects and to restore and enhance environmental quality." >>The "TEST" MNDOT I-35E connection permits do not meet the purpose of rule 4410.0300 subp.3. as they were done in violation of the Scope of the EIS and due process. The definition of the EIS Scope has the following: 4410.2100 Subp 6 4410.2100 Subp 6 C. "identification of the permits for which information will be gathered concurrently with EIS preparation;" >> This should cover the "TEST" and its MNDOT I-35E connection permits, both are not mentioned in the Scope, and the "TEST" is an alternative expressly dropped from the Scope. 4410.2100 Subp 6 D. "identification of the permits for which a record of decision will be required;" >> No record of decision was made for the "TEST" and MNDOT permits. 4410.2100 Subp 6 E. "alternatives that will be addressed in the EIS;" >> The "Hamline extension was explicitly dropped from the scope. This is what the "TEST" actually is. From the Ayd Mill Scoping Document: P.48 "..the Hamline extension is NOT feasible.." The current configuration created by the "TEST", an I-35E connection and a Hamline Av extension, was dropped from the Scope of the project. It is clearly in violation of the EIS process and Scope of the project. 4410.2100 Subp 6 F. "identification of potential impact areas resulting from the project itself and from related actions which shall be addressed in the EIS;" >>> The I-35E connection and traffic impacts on the north end are part of the Scope. The "TEST" has impacts on these areas, and MN State Noise Standard violations and violates the Scope. These related actions are NOT identified in the SCOPE. The related actions of the "TEST", further construction in 2003 and the land acquisition are large economic actions that had significant impact on the EIS Scope areas of concern, purpose and definition of the Ayd Mill project. 4410.2100 Subp 6 G. "identification of necessary studies requiring compilation of existing information or the development of new data that can be generated within a reasonable amount of time and at a reasonable cost." >> The TEST was not identified in the Scope, involving MNDOT permits to connect to I-35E, costing more than $1 million dollars and violates MN noise standards, affects the Purpose of the Scoping Document and issues and areas specifically mentioned in the Scoping Document, such as traffic and noise and land acquisition. The I-35E connection "Test", land acquisition and later construction (resurfacing) are "related actions" or "phased actions" in the Ayd Mill EIS project area with the "cumulative effect" of creating the "Hamline extension" alternative. The "Test" was not identified in the Scoping Decision as a study. The MNDOT I-35E permits of 2002 and 2003 were not identified in the Scoping Decision, the "Hamline extension" was determined to be "NOT feasible." Since the connection of I-35E was to be determined by the EIS and is in the Scope, these projects must be considered as phased actions and connected actions and the cumulative effect must be in the EIS by: 4410.4400 MANDATORY EIS CATEGORIES. Subpart 1. Threshold test. An EIS must be prepared for projects that meet or exceed the threshold of any of subparts 2 to 24. Multiple projects and multiple stages of a single project that are connected actions or phased actions must be considered in total when comparing the project or projects to the thresholds of this part. 4410.4300 MANDATORY EAW CATEGORIES. Subpart 1. Multiple projects and multiple stages of a single project that are connected actions or phased actions must be considered in total when comparing the project or projects to the thresholds of this part and part 4410.4400. I request enforcement of the following Minnesota Statutes and Rules that are not in compliance and remedies to protect the public, the environment and due process according to Minnesota Statutes Chapter 116D, 116C and Minnesota Rules EQB Environmental Review 4410 or any other statues and rules that apply. Below is a list of MN Statutes and a list of Environmental rules that are significant and some comment. >The MNDOT permit connect I-35E should be revoked immediately as described in MN Statutes 116C.04 Subd. 10: "The board may enter into and enforce stipulation agreements made to enforce statutes and rules administered by the board." St Paul has a record of over several years violating EQB MN Statutes and Rules, has been aware of its actions and continues violations and future violations, announcing June 6 2003 further planned violations, and is now letting further contracts. The EQB must enforce the rule of law. The EQB must suggest action. >The MNDOT permit to connect I-35E should be revoked immediately as described by MN Statutes 116D.04 Subd. 2a(e): " the permits which will be required for the proposed action shall be identified during the scoping process. Further, the process shall identify those permits for which information will be developed concurrently with the environmental impact statement." The MNDOT permit connecting Ayd Mill Road to I-35E announced June 6, 2003 by the Mayor Randy Kelly of St Paul was not identified in the scoping process or any EIS process. Construction and projects identified by Mayor Kelly June 6, 2003 and August 13, 2003 are not in the EIS Scope and are specifically out of Scope (P.48 Hamline extension). The permit issued by MNDOT connecting Ayd Mill Road and I-35E June 2002-June 2003 is not in the EIS scope or process. The Ayd Mill so-called "Test" announced May 2, 2002 was not in the EIS scope or EIS process. The "Test" costs about a million dollars, involved significant construction and had considerable impact on the area covered by the Ayd Mill EIS including considerable traffic increases in areas of special interest to the EIS Scope, violating MN noise standards and increasing traffic accidents at intersections. > The MNDOT permit to connect I-35E should be revoked immediately as described by MN Statutes 116D.04 Subd. 2b: "If an environmental assessment worksheet or an environmental impact statement is required for a governmental action under subdivision 2a, a project may not be started and a final governmental decision may not be made to grant a permit, approve a project, or begin a project" >>Current MNDOT permits and "traffic capacity enhancements" project announced by Mayor Kelly on June 6, 2003 and August 13, 2003 violate the "begin a project" prohibitions for a project under an EIS. >>May -June 2002 MNDOT permits and "Test" construction done to intersections, stop lights, etc, have been actually completed with the EIS not complete, not mentioned in the EIS scope or documents and violate 116D04 Subd 2b. >>The final government decision has been made, Ayd Mill Road is the "four lane Hamline extension alternative" now in place with signs prohibiting pedestrians and bicycles, connected to I-35E. Property acquisition agreements with Concordia College are made Jan 2003 for the "extension of Ayd Mill Road", (from the property agreement.) Phony "temporary permits" let by MNDOT to connect to I-35E are in effect final, since they are immediately renewed at the end of each permit period and no stated termination of the "TEST" was ever made by the City of St Paul. The 4-lane "Hamline extension" project and a million dollars in construction for the project is phased actions and connected actions including property acquisition of which the cumulative impact is obvious, the "Hamline extension" alternative found "NOT feasible" in the EIS Scope (p. 48 of the Scoping Document.) > The MNDOT permit to connect I-35E should be revoked immediately and speed limits on Ayd Mill must be dropped to mitigate noise as described by MN Statutes 116D04 Subd. 9. "... the board may reverse or modify the decisions or proposal where it finds, upon notice and hearing, that the action or project is inconsistent with the policy and standards of sections 116D.01 to 116D.06. Any aggrieved party may seek judicial review pursuant to chapter 14." - 116D.02 Subd. 2 (17) "minimize noise, particularly in urban areas;" >>>MN State noise standards are violated by the so called "TEST" June 2002 - June 2003 at 33 of 36 measurement points by the St Paul data found at: http://www.ci.stpaul.mn.us/depts/publicworks/aydmillroad/ Dropping speed limits is the quickest, cheapest way to mitigate the noise violations. - 116D.04 Subd. 8. "In order to facilitate coordination of environmental decision making and the timely review of agency decisions, the board shall establish by rule a procedure for early notice to the board and the public of natural resource management and development permit applications and other impending state actions having significant environmental effects." The MNDOT permits were given with no public notice under the EIS process both in June 2002 and June 2003. Contracts were let in June 2002 and August 2003 without even City Council approval. This secrecy and non-public process is contrary to the 116D.04 Subd. 8 statute. No EIS scope changes or any work on the EIS was going on, all of this is outside due process for public participation. - 116D.04 Subd. 7. "Regardless of whether a detailed written environmental impact statement is required by the board to accompany an application for a permit for natural resources management and development, or a recommendation, project, or program for action, officials responsible for issuance of aforementioned permits or for other activities described herein shall give due consideration to the provisions of Laws 1973, chapter 412, as set forth in section 116D.03, in the execution of their duties." >>MNDOT issued permits to connect Ayd Mill Road with I-35E in June of 2002 and June of 2003 without due consideration that the Ayd Mill Road EIS controls development of the Ayd Mill Road, no such permits or projects are in the Scope of the EIS or described in the EIS. The other Statutes 116D01-116D06 are listed above and below. > The MNDOT permit to connect I-35E should be revoked immediately and I request the EQB take action to protect the citizens, environment, statutes and rules of the State of Minnesota under MN Statutes 116D04 Subd. 10: "The board may initiate judicial review of decisions referred to herein and may intervene as of right in any proceeding brought under this subdivision." --The EQB must act to protect the citizens and environment of the State of Minnesota. > The MNDOT permit to connect I-35E should be revoked immediately and I request the EQB take action to protect the environment, statutes and rules of the State of Minnesota under MN Statutes 116D.045 Environmental impact statements; costs. Subd 4. ".. no state agency may issue any permits for the construction or operation of a project for which an environmental impact statement is prepared until the assessed cost for the environmental impact statement has been paid in full. " There is no budgeted money for the EIS by St Paul in 2002 or 2003. No budgeted money for the EIS by St Paul has occurred since 1999. Yet construction occurred and permits from MNDOT connecting I-35E were issued in 2002-2003 and land acquisition agreements were made. > The MNDOT permit to connect I-35E should be revoked immediately and I request the EQB take action to protect the environment, statutes and rules of the State of Minnesota under MN Statutes 116D04 Subd. 13: "This section may be enforced by injunction, action to compel performance, or other appropriate action in the district court of the county where the violation takes place. Upon the request of the board or the chair of the board, the attorney general may bring an action under this subdivision." The EQB must act to protect the citizens and environment of the State of Minnesota. Request the attorney general to bring an action. MINNESOTA RULE VIOLATIONS: > 4410.3100 Subp 1. PROHIBITION ON FINAL GOVERNMENTAL DECISIONS. MNDOT permits and "traffic capacity enhancements" project announced by Mayor Kelly on June 6, 2003 and August 13, 2003 violate the "begin a project" prohibitions for a project under an EIS. Getting permits to connect to I35E and additional construction, plus the construction already done to intersections, stop lights, etc, are announced and some actually completed with the EIS not complete. The permits and projects were not in the Scope of EIS. The connection to I-35E and "traffic enhancement" phases of the project effect a FINAL GOVERNMENTAL DECISION outside the EIS process. > 4410.3100 Subp 2. PROHIBITION ON FINAL GOVERNMENTAL DECISIONS. "the governmental unit shall not take any action with respect to the project, including the acquisition of property, if the action will prejudice the ultimate decision on the project ... until the final EIS has been determined adequate by the RGU or the EQB... An action prejudices the ultimate decision on a project if it tends to determine subsequent development or to limit alternatives or mitigative measures." MNDOT permits of June 2002 and June 2003 and the "Test" project announced by Mayor Kelly on May 2, 2002 violate Subp 2 prohibitions for a project or action under an EIS. The project is not even in the scope of the EIS and the EIS is not final. MNDOT permits and "traffic capacity enhancements" project announced by Mayor Kelly on June 6, 2003 and August 13, 2003 violate Subp 2 prohibitions for a project under an EIS. The project is not even in the scope of the EIS and the EIS is not final. A letter date June 3, 2003 from the President of Concordia College is evidence that property acquisition is occurring in the EIS affected area was announced by Mayor Kelly on June 6, 2003 violate Subp 2 prohibitions for a project under an EIS. The project is not even in the scope of the EIS and the EIS is not final. "An action prejudices the ultimate decision on a project if it tends to determine subsequent development or to limit alternatives or mitigative measures." The continued permit to keep Ayd Mill Road open to I35E and the announced "traffic capacity enhancements" and prohibiting pedestrians and bicycles do determine subsequent development and limit alternatives described in the EIS. The prohibitions, permit and project create a 4 lane truck MN Highway 280 type configuration. Agreements have been made with Concordia College involve property to route the 4 lane freeway as a move to determine subsequent development and to limit alternatives and mitigative measures. Only the four lane alternatives will now be considered by the City. All other alternatives, which were ALL ranked much higher by the EIS Task Force, the last actual public participation have been dropped. The "Test" as conducted by St Paul June 2002 - June 2003 did not comply with 4410.3100 Subp 2. PROHIBITION ON FINAL GOVERNMENTAL DECISIONS as it did not test alternatives ranked highest by the Ayd Mill EIS Task Force but tried to determine subsequent development and limit alternatives to a 4 Lane Truck Route Highway 280 type configuration not in the scope of the EIS. > No "Test" is in the scope of the Ayd Mill EIS (4410.2100) The "Test" is large, long and expensive compared with the rest of the EIS, yet is not mentioned in the EIS scope costing about a million dollars, more than the rest of the EIS. No June 6 2003 MDOT permit to connect to I35E or "traffic capacity enhancement" projects announced on June 6 2003 are in the EIS scope. > No amendments to the scope of the Ayd Mill EIS about the "Test" have been published. (4410.5200) No June 6 2003 MDOT permit or "traffic enhancement" projects announced on June 6 2003 are in any amendment to the EIS documents (4410.5200). No "Test" is in the scope of the Ayd Mill EIS (4410.5200) The test is large and expensive compared with the rest of the EIS, yet is not mentioned in the EIS scope. > The "Test" exceeds 4410.4600 thresholds as it connects to I-35E, is part of a phased project, etc. The May 2 2002 announcement, June 2002-June 2003 MNDOT permit connecting I-35E to Ayd Mill Road and the $400,000 construction done in 2002 were phase 1. The June 6 2003 MDOT permit and "traffic enhancement" projects and Concordia agreements announced on June 6 2003 are the next phase in the project (4410.4600). It is clear that the city and Mayor Kelly is committing to further phases of construction of a MN Highway 280 type 4 lane high speed truck route between I35E and I94. > The "Test" does not fit the definition of 4410.4600 subpart 23 Research and Data collection as it "constitutes a substantial commitment to a further course of action having potential for significant environmental effects." Mayor Kelly's staff repeatedly stated that after a year the road will remain open including at the city council meeting of June 12, 2002. Kelly announced on June 6 2003 that there is another 18 month permit from MNDOT and that "traffic capacity enhancement" projects are to start. Current monitoring shows CO violations and MN noise standards violations. It is clear that the city is committing to a further course of action, a MN Highway 280 type 4 lane high speed truck route between I35E and I94. It is clear there are significant environmental effects as measured by the city including traffic increases, MN Noise standards violations, and traffic accidents. Freeway connections are significant environmental effects otherwise they would not be requiring an EIS. > The "Test" violates Minnesota Rules 4405.0300 Duty of Candor as Randy Kelly kept "Test" preparations a secret from the public, the City Council and the EQB. (and 4410.5200) The Mayor's May 2, 2002 letter did not even mention the EIS in its text. 4410.0300 Subp.4 Objectives. B. provide the public with systematic access to decision makers, which will help to maintain public awareness of environmental concerns and encourage accountability in public and private decision making; EIS process has been ignored and the last set of permits projects and Concordia agreements announced June 6, 2003 and so called "TEST" of 2002-2003 is still not in the EIS or in the EIS scope. As the designated RGU by the EQB the City of St Paul is acting as an agent of the State and must be held accountable under 4405.0300. CONCLUSION: St Paul has demonstrated it cannot be the Responsible Governmental Unit to run the Ayd Mill EIS. The City has abandonded the EIS process and engaged on an extensive planned pattern of unlawful actions with the intent of building a four lane freeway. The City has stopped issuing pollution, traffic and noise reports from the bogus "Test" and has now started construction in earnest. Mayor Kelly has been found this year to have taken "bribes" from Glen Nelson, a member of the Chamber of Commerce and an Ayd Mill Freeway backer. At this time I want the connection to I-35E cut by revoking the MNDOT permits and traffic speed limit dropped to meet MN noise standards. These are the cheapest and quickest solutions to the illegal actions of the City of St Paul and to mitigate the noise violations. The EQB must revoke the MNDOT permits connecting Ayd Mill Road to I-35E, stop construction on the road, remove the signs prohibiting pedestrians and bicycles, drop speeds of traffic on Ayd Mill to mitigate noise violations to stop the project proceeding under an incomplete EIS. The State of Minnesota must act to protect the public, the environment and due process of law by revoking the MNDOT permits to connect to I-35E and stop the "traffic capacity enhancement" projects and property acquisition announced by Mayor Kelly. Steven Hauser 651-690-4269 October 7, 2003 2075 Village Lane St Paul, MN 55116 hause011@umn.edu