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JUL-21-2003 16�13 MINNEHRHA CREEK WATERSHED 6124710682 P.10i12 �� An agent or employee of another may not drain,excavate,or fill a wetland,wholly or ,CHAP'TER:-:SE1LENs�:';.: �. ��°::,-'°"` ';`°;`�°''° ;;",,' partially, unless the agent or employee has: ��'Jforce�rreh� 1.obtaic�ed a signed statement from the landowner stating that the wetland replacement plan requirod for the work has been obtained or that a replacement plan �vo�eduwes is not required;and 2. mailed a copy of the statement to the local government unit with jurisdiction over the wetland. Work in violation of this part Is a misdemeanor, Contractors or others who impact we'Clsnd for someo�e else can bo issued a citation if they dp not comply with this require- ment. WCA enforcement process In accordance with Minnesota Statutes,section 103G,and Minnesota Rules,chapter 8420(Wetland Conservation Act rules), DNR conservation officers(CO),wetland enforce- ment officers(WEO),and other peace officers may issue cease and desist orders, restoration orders, and raplacement orders in the event of a violation of WCa_This section provides guidance on the enforcement procedures under WCA�ules,as well as other means to achieve compliance.Refer to the above statute and rule for specific • language on enforcement procedure5. WCA and Public Water enforcement process Enforcement officers issue cease and desist,r�storation,and replacement orders for impacts to public wator basins and publie watercourses.These cases may likely involve both public waters and WCA wetlands. Both a VVCA and public water ceese and desist order(CDO) may be issuecJ for a dual impact,or one CDO may be issued to cover both the wetland and public water portions of the impsct.7he officer involved will pick the appro- priate form based ori the officer's perception of which is the largest portion of tl�e impact. For dual impacts,LGUs,SWCDs,and DNR area hydrologists need to coordinate their involvement and efforts so that both portions of the impa�t get properly resolved. The cease and desist order C�ase and desist orders(CDOs)should be usetl when dea�ing with wetland impacts not approved by the local government unit, impscts that are not exompt,or impacts that exceed what is allowed by WCA.CDOs are not mandatory, but thoir use is strongly encouraged.7he order may be issued to the landowner,a contractor, or any other person involved with the project.Ceaso and desist orders can only be issued by a conservation officer or peace officer.They can be issued for impaets that are in progress or for those that are already completed.The orders are civil, not criminal,doeumenu that notify the recipient to stop all wetland filling, draining,or excavation. It may become a misdemeanor criminal violation if the recipient of the order fails to comply by continufng to fill,drain,or excavate tho wetland covered by the order.Cease and desist orders only restrict addi- tional wetland impact within the sp�cified wetland area.They do not restrict work on adjacent upland areas,provided the work does not adversely affect#he wetland. A copy of the cease and desist order is sent by the enforcement authority to the LGU and to thc SWCD.The recipient of a CDO may decide to call the LGU contact person as dlrected by the order,or they may submit an exemption or no-loss, or replacement plan application to the LGU.If a CDO recipient belleves that the activity qualifies for an lNc.t./ni�ilGo�rscrvnEiui�AcE Mairr�al/Apri12003 . Pc��F2