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Agenda Packets - 1999/04/05
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Agenda Packets - 1999/04/05
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Last modified
1/28/2025 4:47:16 PM
Creation date
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
4/5/1999
Supplemental fields
City Council Document Type
City Council Packets
Date
4/5/1999
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replaced by restoring or creating wetland areas of at least equal public value. Goal is no net loss <br /> of wetlands. (Rules 8420.0105) <br /> B.3 Definition of a Wetland <br /> Wetland is defined by presence of(a) hydric soils, (b) surface or subsurface hydrology, and(c) <br /> hydrophytic vegetation. (Rules 8420.0110,subp.52.) Wetlands are delineated under standards in 1987 <br /> Federal Manual. The Wetland Conservation Act applies to all wetlands, except those identified <br /> on DNR inventory of protected waters and wetlands. Refer to the Technical Reference Section of <br /> this manual for information regarding delineation of wetlands under the 87 Manual. <br /> B.4 Local Governmental Unit <br /> The local government unit (LGU) has the primarily responsibility for administration of the WCA <br /> and for making key determinations. Generally, the LGU is the city or county, but may be another <br /> entity such as a watershed district or soil and water conservation district. (Rules 8420.0110,subp.30.) <br /> The state agency is the LGU for a project by that state agency or activity on state land. Refer to <br /> Part D of this section of the manual for further information on determining the LGU. <br /> B.5 Exemptions <br /> The WCA specifies ten categories of exempt drain and fill activities. (Rules 8420.0122.) No permit or <br /> approval is necessary for exempt activities. Notable exemptions include those for certain <br /> agricultural activities, maintenance of existing public or private drainage systems, public utilities, <br /> road maintenance and previously approved developments. There is an absolute "de minimis" <br /> exemption for activities draining or filling less than 400 square feet. Other de minimis exemptions <br /> range from 2,000 to 10,000 square feet, depending upon wetland type, location, and ownership. <br /> (Rules 8420.0122,subp.9.) Refer to "Part II - WCA Exemptions" of this manual for further <br /> information. <br /> 13.6 Replacement Plans <br /> If an activity is not exempt, impacted wetlands must be replaced under a replacement plan <br /> approved by the LGU. The replacement plan must demonstrate compliance with "sequencing," <br /> i.e., (a)that wetland impacts are avoided as much as possible, (b) that to the extent that the <br /> impacts cannot be avoided, the wetland impacts are minimized, and (c) that unavoidably impacted <br /> wetlands are replaced as required by the WCA Rules. (Rules 8420.0520.) The Rules include numerous <br /> specific requirements as to location, size, type, etc. of replacement wetlands. (Rules 8420.0540-.0550.) <br /> Minimum replacement is generally two acres of replaced wetland for each acre drained or filled. <br /> For wetlands on agricultural land or in counties where 80 percent or more of the presettlement <br /> wetlands exist, minimum replacement is one acre of replaced wetland for each acre drained or <br /> filled. (Rules 8420.0540,subp.6.) Refer to "Part III-Replacement Plan Determinations" of this manual <br /> for further information and guidance. <br /> Part I -Program Overview April 1997 <br /> WCA Administration I- 7 <br />
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