12/15/2010 Env Bd Packet - Laserfiche WebLink

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• • WETLAND CONSERVATION ACT Restoration and Protection of Exceptional Natural Resource Value (ENRV) BWSR Administrative Guidance, July 1, 2010 Overview Rule Reference: MN Rule 8420.0526, Subpart 8. Applicability: To provide guidance to Technical Evaluation Panels (TEPs) and Local Government Units (LGUs) for use in evaluating potential projects for the allocation of wetland replacement credit under the ENRV provisions of the Wetland Conservation Act (WCA). ENRV provides an option to gen- erate credit for projects that restore and protect exceptionally valuable natural resource functions. Intended Use: This guidance does not carry the weight of rule and is not binding on any party, however it does provide additional specificity for applying the ENRV action eligible for credit and should be used as a supplement to the WCA rule. Application Decisions on eligibility and credit allocation are made by the LGU with TEP concurrence. LGUs must consider all WCA requirements and relevant local priorities in making decisions. Applicants considering the use of ENRV should anticipate a rigorous review process. Using ENRV often requires additional documentation and more in- depth analysis than other actions eligible for credit. The determination of exceptional resource value and the contribution of a project to the function and sustainability of that resource requires detailed analysis and significant professional judgment by the TEP. The review process for potential ENRV projects relies heavily on pre - application scoping. Early TEP involvement is vital. Applicants should solicit feedback from the TEP and consider any recommendations before submitting a complete application to the LGU. The TEP can provide early input on the value of the resource, Project eligibility and the allocation of credit under ENRV is determined by the LGU with the concurrence of the TEP. and Review Procedures qualification for ENRV, information needs, and other aspects of the proposed project. Due to the diverse nature and complexity involved in utilizing the ENRV credit action, the TEP is encouraged to consult outside expertise for additional review and comment when appropriate. The applicant must submit sufficient information to document the existence of an eligible resource and for the TEP to determine if the proposed project warrants the allocation of replacement credit. The use of ENRV is approved as part of a replacement or banking plan application in accordance with the standard WCA decision- making process. Restoration and protection of wetlands and upland buffer adjacent to trout steams can be considered for ENRV due to the exceptional benefits they provide. 1