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incidental wetland,as defined in the WCA,do not require a permit under this rule. Wetland <br /> replacement,where pertnitted,shall comply with section 3,Wetland Replacement,of this rule. <br /> (b)A permit is required from the District pursuant to the excavation and buffer provisions in <br /> sections 4,Excavation,and 5,Buffer,of this rule,which are adopted under the District's <br /> watershed law authority and apply whether or not the District is the WCA local government <br /> unit. Pwsuant to this authority and section 4,Excavation,the District requires a permit for <br /> excavation in any type of wetland,except where specifically exempted by the WCA or when the <br /> work meets no-loss criteria under the WCA. No permit under this rule is required for excavation <br /> in an incidental wetland,as defined in the WCA. <br /> 3. WETLAND REPLACEMENT. <br /> (a)Project-specific replacement wetland must be sited in the following order of priority,which <br /> replaces the siting priority in Minnesota Rules section 8420.0522, subpart 7,as it may be <br /> amended: <br /> (1)On site; <br /> (2)Within the same subwatershed as the affected wetland(see Appendix 1); <br /> (3)In the Minnehaha Creek watershed; <br /> (4)In the same eight-digit Hydrologic Unit Code watershed. <br /> (b)Pursuant to Minnesota Rules section 8420.0522,subp.7,as it may be amended,when <br /> reasonable,practical and environmentally bene�cial replacement opportunities are not available <br /> in a siting priority area in subsection 3(a),providing replacement priority areas,the applicant may <br /> seek opportunities at the next level. When neither replacement opportunities nor privately banked <br /> credits are available in any priority area,the applicant may comply with this section through the <br /> purchase of banked credits from the District at the cost to the District to establish credits,so long <br /> as the District has determined that su�cient credits are available. <br /> 4. EXCAVATION. Excavation in wetlands is subject to the following requirements. <br /> (a)Excavation is governed by the substantive and procedural standards,criteria and requirements <br /> set forth in the WCA,as amended,and the rules implementing the WCA as set forth in Minnesota <br /> Rules chapter 8420,as amended, including all exemptions,with the exception that replacement <br /> for excavation not subject to the WCA shall be at the ratio of 2:1. Excavation in incidental <br /> wetland is not subject to the requirements of this section. The priority siting requirements of <br /> section 3 of this rule,Wetland Replacement,apply to replacement of excavated wetland under <br /> this section. <br /> (b)Excavation of a wetland performed for public benefit,including excavation to remove or <br /> control invasive species,shall be deemed self-replacing if the applicant demonstrates that the <br /> wetland to be excavated is degraded;the proposed activity would increase the wetland's function <br /> and value,as determined using the current version of the Minnesota Routine Assessment Method <br /> or other method approved by the District; and the enhanced wetland function and value are likely <br /> to be preserved. Excavation must not result in a change of wetland type,unless the applicant <br /> demonstrates that public benefit is not obtainable absent such impact. <br /> 2 <br />