07/25/2001 Env Bd Packet - Laserfiche WebLink

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unit or the technical evaluation panel shall make a decision within three weeks.from the date of the application. The local government unit or technical evaluation panel shall review evidence of exemption or no -loss produced by the landowner, inspect the site if necessary, and determine: (1) if the area in question is a wetland; and (2) if the activity qualifies for an exemption or no -loss determination under parts 8420.0210 and 8420.0220. In cases where the cease and desist order has been issued to a local government unit, the determination of exemption or no -loss shall be made by the board. If the decision is that the activity is exempt or results in a no -loss determination, the decision maker shall issue a certificate of exemption or no -loss, request that the enforcement authority rescind the cease and desist order, and notify the soil and water conservation district, the department, and the landowner. If the application is denied, the decision -maker shall immediately notify the soil and water conservation district, the department, the enforcement authority, and the landowner. Subp. 3. Restoration and replacement orders. The enforcement authority shall issue a restoration order or replacement order when the drain or fill has already been completed when discovered, or after a cease and desist order has been issued and the landowner does not seek an exemption or no -loss determination within three weeks, or the local government unit denies the application. Promptly upon being informed by the enforcement authority of the need, the soil and water conservation district staff person shall inspect the site and prepare a plan in consultation with the local government unit for restoring the site to its prealtered condition, unless the soil and water conservation district person concludes that restoration is impossible. The soil and water conservation district shall incorporate its plan into a restoration or replacement order and send it to the enforcement authority for service in person or by certified mail to the landowner. The restoration order must specify a date by which the landowner must either: A. restore the wetland according to the soil and water' conservation district plan and obtain a certificate of satisfactory restoration from the soil and water conservation district; or B. submit a replacement plan to the local government unit. The order shall state that it will be canceled when the landowner obtains a certificate of exemption or no -loss from the local government unit, or a certificate that restoration has been completed according to an approved restoration plan. Otherwise, the landowner must restore the wetland in the manner 27