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Page 2 <br />May 1, 2001 <br />of Engineers Project Manager, the local governmental unit administering the <br />WCA, the BWSR Wetland Bank Administrator, the commissioner of natural <br />resources, and members of the public requesting a copy, or <br />b) convene an annual meeting prior to construction season to review all your <br />project application forms with the technical evaluation panel, the Corps of <br />Engineers Project Manager, the local DNR representative, the WCA LGU, <br />and members of the public requesting~:`~~CA notices. Based on the results of <br />the annual meeting, submit the finalized application, forms to the BWSR <br />Wetland Bank Administrator to insure that your impacts are recorded and <br />mitigated by the state. <br />Note: It is the responsibility of the public road authority to assess and document <br />that avoidance, minimization and on-site replacement has been done to the <br />extent feasible. If individual permits are needed from the Minnesota <br />Department of Natural Resources and the Corps of Engineers, they may <br />contact you for additional information. If all or a portion of the project is for <br />a new road or for increased capacity, the Local Government Unit (LGU) must <br />process that action as a replacement plan utilizing the standard notice and <br />review process. No-loss determinations according to Mn Rule 8420.0220, do <br />not need to be reported as permanent wetland impacts. <br />Question 2: The law does not allow the BWSR to replace impacts from "new roads or roads <br />expanded solely for additional traffic capacity lanes". How does the BWSR interpret this <br />portion of the law? <br />Answer 2: Obviously, all wetland impacts caused by new roads will have to be replaced by the <br />road authority through an approved replacement plan. Likewise, when a road <br />improvement is primarily for increased capacity, the road. authority will also be <br />responsible to replace any wetland impacts. The BWSR will not replace wetland <br />impacts if the project involves the conversion of a twe-lane road to a four-lane road. <br />However, adding a third lane for turning on a two-lane road. and a fifth lane for turning <br />on a four-lane road for safety will generally always qualify for the BWSR replacement <br />program. <br />Question 3: What happens if the road authority doesn't provide notice as provided by the law <br />and proceeds to build? Will the BWSR replace the impact after-the-fact? <br />Answer 3: The BWSR will not replace the wetland impact. The road authority will have to <br />replace the wetland. If that occurs, then the intended streamlined process has been <br />compromised and there is little opportunity for the TEP and other regulatory agencies <br />