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<br /> '� M•, �� To qualify for a nationwide permit, the applicant for a I
<br /> United States Army Corps of Engineers permit must meet any �
<br /> regional conditions imposed by the United States Army Corps of Y,
<br /> Engineers, and must obtain from the Minnesota Pollution Control
<br /> Agency an individual section 401 certification when required.
<br /> Subp. 4. Wetland restoration. A replacement plan for ;,
<br /> wetlands is not required for activities in a wetland restored :r'
<br /> for conservation purposes under a contract or easement providing ;
<br /> �.� r Y4�' a the landowner with the right to drain the restored wetland. F�
<br /> ��� ' ' The landowner must provide a contract or easement
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<br /> " �trs conveyance or affidavit demonstrating that the landowner or a ,
<br /> `���"�"'''=` redecessor rpstored the wetland for conservation purposes but
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<br /> �",�p.i�,.;"; , p "" retained the right to subsequently drain the restored wetland.
<br /> ��'`~ � Sub 5. Incidental wetlands. A replacement plan for
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<br /> � ��,� � : ; wetlands is not required for activities in a wetland created
<br /> `A` . solely as a result of:
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<br /> A. beaver dam construction;
<br /> � � � �, B. blockage of culverts through roadways maintained
<br /> � ' � � ` by a public or private entity.;
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<br /> C. actions by public or private entities that were
<br /> k „,: �, taken for a purpose other than creating the wetland; or
<br /> � ,.�^�;; +"� D. any combination of items A to C.
<br /> �,:r` Wetland areas created by beaver activities may be drained
<br /> �r `; by removing those materials placed by beaver. Drainage is
<br /> t,.'` permitted by removing or moving materials blocking installed
<br /> ': roadway culverts and drainage structures. Additional excavation
<br /> � Y or removal of other materials is not permitted unless it can be
<br /> ' ` , '� shown by aerial photographs that the proposed activity will not
<br /> » •r�' �, �y';,' drain or fill wetland that was there before the beaver dam was
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<br /> built or before the culvert became plugged.
<br /> ', ; .� Wetlands may be drained or filled if the landowner can show
<br /> ,���n ��-'�';: that the wetland was created solely by actions, the purpose of
<br /> �^? � which was not to create the wetland.
<br /> � s�" ` Impoundments or excavations constructed in nonwetlands
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<br /> �� , solely for the purpose of effluent treatment, storm water
<br /> ` ; „ � retention, soil and water conservation practices, and water �
<br /> �` '�� ' 4' quality improvements, and not as part of a compensatory wetiand
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<br /> t ' ,� mitigation process that may, over time, take on wetland
<br /> � characteristics, are also exempt. �
<br /> �;,� Subp. 6. Utilities; public works. A replacement plan for
<br /> �i,, � � •, wetlands is not required for: �
<br /> '' t' A. placement, maintenance, repair, enhancement, or
<br /> �:Jy+' replacement of utility or utility-type service if: �
<br /> (1) the impacts of the proposed project on the
<br /> hydrologic and biological characteristics of the wetland have �;
<br /> been avoided and minimized to the extent possible; and �
<br /> (2) the proposed project significantly modifies
<br /> „�� or alters less than one-half acre of wetlands; ,
<br /> B. activities associated with routine maintenance of ;
<br /> `'' utility and pipeline rights-of-way, provided the activities do
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