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replacement plan in meeting the project goal in subitem (1), and <br />as specified in parts 8420.0610 and 8420.0620; and <br />(12) other information considered necessary for <br />evaluation of the project by the local government unit. <br />E. The applicant must provide information known to <br />the applicant or readily available concerning the special <br />considerations criteria in part 8420.0540, subpart 9. <br />SA: MS s 14.06; 103B.101; 103B.3355 <br />GIST: 18 SR 274 <br />8420.0540 REPLACEMENT PLAN EVALUATION CRITERIA. <br />Subpart 1. Sequencing. Before consideration or approval <br />of a replacement plan, the local government unit must ensure <br />that the applicant has exhausted all possibilities to avoid and <br />minimize adverse wetland impacts according to sequencing in part <br />8420.0520. <br />The applicant must demonstrate to the local government unit <br />that the replacement plan complies with this part and part <br />8420.0550. <br />Subp. 2. Type of replacement. The order of preference for <br />the method of replacement, from most preferred to least <br />preferred, is project- specific restoration, project- specific <br />creation, then wetland banking. Modification or conversion of <br />nondegraded wetlands from one wetland type to another, for <br />example by impoundment of additional water, does not constitute <br />adequate replacement. Wetlands drained or filled under an <br />exemption may not be restored for replacement credit for ten <br />years after draining or filling. <br />Subp. 3. Timing of replacement. Replacement of wetland <br />values must be completed before or concurrent with the actual <br />draining or filling of a wetland, unless an irrevocable bank <br />letter of credit or other security acceptable to the responsible <br />government unit is submitted to the responsible government unit <br />to guarantee successful completion of the replacement. All <br />wetlands to be restored- or =cr eated for replacement must be <br />designated for replacement before restoration or creation. <br />Submission to the local government unit of the information <br />required in part 8420.0530 and subsequent approval shall be <br />considered evidence of designation for replacement, provided the <br />information is submitted before the actual restoration or <br />creation. <br />Subp. 4. Location of replacement wetlands. Replacement <br />wetlands shall be located within the same watershed or county as <br />the impacted wetlands, except that counties or watersheds in <br />which 80 percent or more of the presettlement acreage is intact <br />may accomplish replacement in counties or watersheds in which 50 <br />percent or more of the presettlement wetland acreage has been <br />filled, drained, or otherwise degraded. Replacement wetlands <br />should be located as close to the impacted wetland as possible, <br />preferably in the same watershed. <br />41 <br />