07/25/2001 Env Bd Packet - Laserfiche WebLink

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writing, its objections to the project. If, within 30 days, the applicant does not withdraw the project proposal or indicate intent to submit an amended project proposal satisfying the local government unit's objections, the statement of objections. shall constitute a denial. Subp. 5. Determination of impact rectification. Temporary impacts to a wetland must be rectified by repairing, rehabilitating, or restoring the affected wetland. A. Activities may qualify for a no -loss determination in part 8420.0220 by meeting all of the following conditions: (1) the physical characteristics of the affected wetland, including ground elevations, contours, inlet dimensions, outlet dimensions, substrate, and hydrologic regime, are restored to preproject conditions sufficient to ensure that all preproject functions and values are restored; (2) the activity is completed and the physical characteristics of the wetland are restored within six months of the start of the activity; and (3) the party responsible for the activity provides a performance bond to the local government unit for an amount sufficient to cover the estimated cost to restore the wetland to preproject conditions. The local government unit shall return the performance bond to the responsible party upon a determination by the local government unit that the conditions in this item and item B have been met. B. An applicant shall be granted a no -loss determination under the criteria in item A once in a ten -year period for a particular site within a wetland, except that repairs to the original project shall be allowed under the no -loss determination, if the local government unit determines the request to be necessary and reasonable. C. Wetland impacts that do not qualify for a no -loss determination according to the criteria in item A are subject to replacement under the criteria in parts 8420.0530 to 8420.0630. Subp.'6. Determination of reduction or elimination of impacts over time. After an activity is completed, further wetland impacts from the draining or filling must be reduced or eliminated by maintaining, operating, and managing the project in a manner that preserves and maintains remaining wetland functions and values. The local government unit must require applicants to implement best management practices to protect wetland functions and values. Subp. 7. Unavoidable impacts. Unavoidable wetland impacts that remain after efforts to minimize, rectify, or reduce or eliminate them must be replaced according to parts 8420.0530 to 8420.0630. • Subp. 8. Wetlands on cultivated fields. If the wetland is located on a cultivated field, replacement must be accomplished through restoration without regard to the priority order in subpart 1. A wetland drained or filled under this provision 37