1996-07-25_AgendaPacket - Laserfiche WebLink

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III. NEW ROADS Wetland impacts regulated by the WCA resulting from new public roads or public roads expanded solely for additional traffic capacity must get replacement plans approved before the project can begin. Replacementlmitigation can be accomplished by direct restoration or creation or by buying credits from a private banking project deposited in the state bank. Also, the 1996 WCA amendments provided for an option to use dedicated credits in the state wetland banking program as follows: - For projects involving drai~iing or filling of wetlands associated with a new public transportation project in a greater than 80 percent area, public transportation authorities may purchase credits (established by BWSR via an agreement with MnDOT -- see attachment) from the state wetland bank. Wetland banking credits may be purchased at the least of the following, but in no case shall the purchase price be less than four-hundred dollars per acre: (i) the cost to the state to establish the credits (currently $5000/acre); (ii) the Minnesota Department of Revenue determined average estimated market value of ag-land in the township where the road project is located; or, (iii) the average value of the land in the immediate vicinity of the road project as determined by the county assessor. Public transportation authorities in a less t/aan 80 percent area may purchase credits from the state at the cost to the state to establish the credits (currently $5000/acre). Local road authorities wanting to buy credits for new public road projects must submit, to the BWSR St. Paul office (see address on the letterhead), a check in the appropriate amount along with a copy of the approved replacement plan. These credits will only be sold to replace wetland impacts approved by a WCA replacement plan. VI. OTHER WETLAND REGULATIONS County Soil and Water Conservation Districts (SWCDs) have been designated as a clearinghouse for wetland regulatory and technical information. It may be advisable to contact the SWCD far interpretations specific to a project proposal. A. Clean Water Act -Section 404; U.S. Army Corps of Engineers (USACOE). For projects with existing USACOE Individual Permits or Nationwide Permits requiring mitigation, the road authority can request modification of the permit to instead use the state wetland banking process in the WCA for mitigation. Unless there are unusual or unique circumstances, the USACOE has indicated that they will generally approve this form of mitigation provided the sequencing and on-site functions are addressed per the WCA process listed in item II. The road authority should contact the USACOE Project Manager (see attached list) as early as possible to determine the need for a USACOE permit. Typically, road projects impacting more than 0.5 acre of wetland should be referred to the USACOE. B. Protected Waters Wetlands; Department of Natural Resources (DNR). Projects that impact waters and wetlands below the Ordinary High Water Mark {OHWM) included in the Public Water Inventory maps require DNR Division of Waters permits for activities that have not been deregulated. Replacement mitigation for impacts to Protected Waters Wetlands are not part of the WCA replacement program and thus are the responsibility of the road authority. Contact the DNR Area Hydrologist for permit information (see attached listlmap).