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JUL-21-2003 16�13 MINNEHAHA CREEK WATERSHED 6124710682 P.11i12 exemption or no-loss determination,the recipient should submit an Appllcation for Certificate of No-Loss or Exemp2ion to the LGU, along with any supportin�evidence and a copy of the CDO.The LGU or TEP must review all evidence of exemption or no-loss produced by the applicant,and an inspection of the site should be performed to deter- mine that a wetland was impacted beyond that which is alfowed and to determine if the activity qualifies for an exemption or no-loss.The LGU's decision to approve or deny applications submitted to them should be made within 60 days. Notice of incomplete applications should be made to the applicant witliin 10 days of recipient of the applica- tion,and notice of a decision must be mail�d within 10 days of the decision. A C00 will be rescinded if an LGU decides to grant an exemption or no-Ioss application or to approve a replacement plan application, provided the LGU decision is not appealed. Cease and desist orders are rescinded by the issuin�officer af[er a request from an LGU, and when the project has been determined to be exempt or no•loss through official notice or a replac�ment plan has been approved. If exemption or naloss or replacement-plan applications are not submitted to the ►-GU by the CDO recipient within the three-week period,or if the applications are denied,the LGU m�st then immediately notify the enforcement authority and the SWCD regarding the need for a restoration order. Local government units are encouraged to be proactive and contact the CDO recipient immediately instead of waiting to be contacted by the reciplent of a CDO. Restoration and replacement orders Restoration ordcrs, prepared by an SWCD,are used to restore the Impacted wetland to its pre-altered condition.Conservatlon officers or peace officers issue rosto�ations orders.These orders may be issued to a landowner or party responsible for a wetland impact,and may be issued without being preceded by a CDO, Restoration orders may direct the recipient to restore the wetland or may direct the recipient to submit a replace- ment plan. Restoration orders may require a combination of restoration and replace- mont. When notified of the need for a resto�ation order the SWCD should promptly inspect the site along with thc LGU,and confirm that wetland is impacted beyond what is allowed, that there is a loss of wetland,and that no exernption applles.The SWCD will then prepare a plan for restoration of the wetland and prepare a �estoration order based on that plan.The ord�r must specify a date when restoration shall be completed and a date by which it shall be submit[ed.The SWCD,with concurrence of the TEP and the enforc� ment officer, may conclude that the wetland should not be restored and that replace- ment is the bet[er option. The SWCD is not required to prepare a replacement plan,just the conclusion that replacement is the most vi�ble option.7he SWCp prepares a replacc�- ment order directing the landowner vr responsible party to submii a replacement plan application to the LGU. Restoration orders always give a recipient an opportunity to submit exemption or no•loss applications and to submit a replacement plan appllcatlon to the LGU. The enforcement officer or the SWCD must inspect the restoration/replacement site immediately after the.completion date, If the restoratlon Is not completed by the speci- ficd date and no replacement application is received, or if the replscement plan applica• tion has not been submitted by the specified date,or if replacement has not been lNdt,i��,d L�r,s�r,mEior►�1�E Mc��ua//�Jrir��2003 Pc�C 43