11/19/2008 Env Bd Packet - Laserfiche WebLink

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5. WETLAND REPLACEMENT. Any activity subject to this Rule that includes wetland impact is subject to this Section. (a) The RMP is incorporated into this Rule. The specific terms of this Rule will govern, but if a term of this Rule is susceptible to more than one interpretation, the interpretation that best carries out the intent and purposes of the RMP will be chosen. (b) The provisions of the Wetland Conservation Act, Minnesota Statutes § §103G.221 through 103G.2372, and its implementing rules, Minnesota Rules 8420.0100 et seq., as amended, apply under this Rule except where this Rule provides otherwise. The exceptions contained in Minnesota Rules 8420.0122 are not applicable under this Rule, except as follows: (i) The agricultural, wetland restoration, utilities, de minimis and wildlife habitat exemptions, Minnesota Rules 8420.0122, subparts 1, 4, 6, 9 and 10, are applicable. (ii) The drainage exemption, Minnesota Rules 8420.0122, subpart 2, is applicable on a determination by the District that the applicant has demonstrated, through adequate hydrologic modeling, that the drainage activity will not change the hydrologic regime of an RMP- mapped high quality wetland plant community type (see Figure 5 of the RMP document) within the boundary of a Wetland Preservation Corridor. Wetland and plant community boundaries will be field- verified. (iii) The incidental wetland exemption, Minnesota Rules 8420.01 12, subpart 5, is applicable if the applicant can show that RCWD Proposed Rule RMP -3 10 October 8, 2008 • • •