07/25/2007 Env Bd Packet - Laserfiche WebLink

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• exception is to not discourage property owners from taking steps necessary to protect shorelands from erosion and destabilization. VII. RULE F: WETLAND ALTERATION The wetlands rule would be extensively revised, in the main to reflect the field and project- review experience of RCWD staff. A number of criteria, particularly concerning the performance of wetland delineations and replacement requirements, would be added to supplement the Minnesota Wetland Conservation Act (WCA) and apply as well to RCWD permitting of wetland disturbance not subject to WCA. Under the present rule, any proposed wetland disturbance not subject to WCA is evaluated by the RCWD under a general criterion that prohibits activity that would "change the character" of a wetland without preserving wetland quantity, quality and biological diversity (present Paragraph 3(d)). The proposed rule would subject such activities to a replacement requirement subject to specific WCA and additional criteria (Paragraph 3(b)). The terms of RCWD regulation would be further refined as follows: • Replacement for non -WCA impacts would be required at a ratio of 1:1 (an acre of replacement wetland for each acre of disturbed wetland) (Paragraph 3(c)). However, replacement in the form of the restoration of degraded wetland would receive double acreage credit. The purpose of this provision is to create an incentive for wetland restoration. The RCWD believes that all other things being equal, wetland restoration is more likely than new wetland creation to succeed, and further that the function and value of restored wetland is more predictable. The proposed replacement, though, still would need to demonstrate preservation of wetland quality and function equivalent to that lost as a result of the wetland disturbance. • Replacement would not be required for a wetland disturbance that does not change wetland type, function, quantity, quality or biological diversity (Paragraph 3(d)). The following criteria also are proposed to apply to wetland replacement under both WCA and RCWD standards, as applicable: • Sequencing (avoidance, minimization, replacement) analysis would be required • to address each contiguous wetland area separately (Paragraph 5(a)). 17