07/25/2001 Env Bd Packet - Laserfiche WebLink

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same requirements of subpart 2 for the exemption stated in Minnesota Statutes,' section 103G.2241, subdivision 1, clause (1), except that the years required are at least six of the ten . years preceding the year of enrollment in the conservation reserve program. The landowner must also state in writing that the wetland was not restored with assistance from a public or private wetland restoration fund, or that the restoration was done under a contract or easement providing the landowner with the right to drain the restored wetland. Subp. 3. Exemption (3). A replacement plan for wetlands is not required for: (3) activities necessary to repair and maintain existing public or private drainage systems as long as wetlands that have been in existence for more than 20 years are not drained. This exemption allows maintenance which fills wetlands that have been in existence for more than 20 years when the wetlands are located within the right -of -way acreage of the ditch or within a one rod width on either side of the top of the ditch, whichever is greater, and the filling is limited to the side casting of spoil materials resulting from the maintenance and the spoil deposition area is permanently seeded into grass after maintenance activities are completed. The owner must provide documentation that the wetlands which will be partially or completely drained by the maintenance have not existed for more than 20 years. Aerial photographs from two years of normal or wetter than normal water level conditions showing no wetland are one form of acceptable documentation. If aerial photographs are unavailable, a sworn affidavit may be submitted. Otherwise, the landowner must show that the maintenance will not reduce the wetland from what it was 20 years ago or more. This exemption includes lowering the elevation of previously placed tile when made necessary by land subsidence provided the lowering does not drain wetlands. Subp. 4. Exemption (4). A replacement plan for wetlands is not required for: (4) activities in a wetland that has received a commenced drainage determination provided for by the federal Food Security Act of 1985, that.was made to the county agricultural stabilization and conservation service office prior to September 19, 1988, and a ruling and any subsequent appeals or reviews have determined that drainage of the wetland had been commenced prior to December 23, 1985. The landowner must provide Agricultural Stabilization and Conservation Service documents confirming that the county agricultural stabilization and conservation service office determined before September 19, 1988, that drainage had begun before December 23, 1985, and that the determination has not been overturned by subsequent appeal or review and is not • currently under administrative review. 11