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07/25/2007 Env Bd Packet
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07/25/2007 Env Bd Packet
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Environmental Board
Env Bd Document Type
Env Bd Packet
Meeting Date
07/25/2007
Env Bd Meeting Type
Regular
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http:// ricecreek .org/permit/feeschedule. An applicant must submit the required permit fee to the <br />District at the time it submits its permit application. No permit fee will be charged to the federal <br />govemment, the State of Minnesota or a political subdivision of the State of Minnesota. <br />9. PERFORMANCE SURETY. <br />(a) Policy: It is the policy of the Board of Managers to conserve the District's water <br />resources by assuring compliance with its rules. The District assures compliance by <br />requiring a bond or other surety to secure performance of permit conditions and compliance <br />with District rules, as well as protection of District water resources in the event of <br />noncompliance with permit conditions and/or rules.. <br />(b) Performance Surety Requirement: A surety or sureties, when required, must be <br />submitted in a form acceptable to the District. The District will require applicants to submit a <br />surety or sureties in accordance with a schedule of types and amounts that will be <br />maintained and revised from time to time by the Board of Managers. The current schedule <br />of surety amounts and acceptable forms and sources may be obtained from the District <br />office or the District web site at http:// ricecreek .org /permit/suretyschedule. <br />An applicant may submit a performance bond or an irrevocable letter of credit to the District <br />to secure performance of permit conditions for activities for which the required surety <br />amount as determined above is in excess of $10,000. The performance bond or letter of <br />credit must be submitted before the permit is issued. <br />(c) Form and Contents of Performance Bond or Letter of Credit: <br />(1) The performance bond or irrevocable letter of credit must be in a form <br />acceptable to the District and from a surety licensed to do business in Minnesota. <br />(2) The performance bond or irrevocable letter of credit must be in favor of the <br />District and conditioned upon the performance of the party obtaining the <br />performance bond or letter of credit of the activities authorized in the permit, and <br />compliance with all applicable laws, including the District's rules, the terms and <br />conditions of the permit and payment when due of any fees or other charges <br />required by law, including the District's rules. The performance bond or irrevocable <br />letter of credit must provide that if the performance bond conditions are not met, the <br />District may make a claim against the performance bond or letter of credit. <br />(d) Release of Performance Surety. Upon written notification from permittee of <br />completion of the permitted project, the District will inspect the project to determine if it is <br />constructed in accordance with the terms of the permit and District rules. If the project is <br />completed in accordance with the terms of the permit and District rules and the party <br />providing the performance surety does not have an outstanding balance of money owed to <br />the District for the project, including but not limited to unpaid permit fees, the District will <br />release the performance bond or letter of credit, or retum the cash surety if applicable. <br />Final inspection compliance includes, but is not limited to, confirmation that all erosion <br />and sediment control BMPs and stormwater management features have been <br />constructed or installed as designed and are functioning properly, and completion of all <br />required monitoring of wetland mitigation areas. The District may retum a portion of the <br />surety if it finds that a portion of the surety is no longer warranted to assure compliance with <br />District rules. <br />DRAFT DOCUMENT <br />8 <br />• <br />• <br />
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