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Chapter 8420
Topics
Part 8420.0515
8420.0515 SPECIAL CONSIDERATIONS.
Subpart 1.
Scope.
The factors in this part, when identified as being applicable to an impact site or a replacement site, must be considered by the applicant before submitting a replacement plan and by the local government unit in the review of replacement plans.
Subp. 2.
Endangered and threatened species.
A replacement plan for activities that involve taking species listed as endangered or threatened in parts 6134.0200 to 6134.0400 must be denied unless the commissioner issues a permit under part 6212.1800 or Minnesota Statutes, section 84.0895, subdivision 7. Applicants may identify if there are known locations of listed species at a particular site by contacting the Department of Natural Resources' natural heritage and nongame research program.
Subp. 3.
Rare natural communities.
A replacement plan for activities that involve the modification of a rare natural community as determined by the Department of Natural Resources' natural heritage program must be denied if the local government unit determines that the proposed activities will permanently adversely affect the natural community.
Subp. 4.
Special fish and wildlife resources.
A replacement plan for activities that would have a significant adverse effect on a special or locally significant fish and wildlife resource that cannot be functionally replaced must be denied. These resources include, but are not limited to:
E.
wildlife travel corridors.
Activities involving streams must not block fish passage unless approved by the commissioner.
Subp. 5.
Archaeological, historic, or cultural resource sites.
A replacement plan for activities that involve the modification of known archaeological, historical, or cultural resource sites on or eligible for the National Register of Historic Places, as designated by the state historic preservation officer, must be denied if the local government unit, in consultation with the State Historical Preservation Office, determines that the proposed activities will have a significant adverse effect on the archaeological or historical value of the site.
Subp. 6.
Groundwater sensitivity.
A replacement plan for activities must be denied if the local government unit determines the activities would have a significant adverse effect on groundwater quality. The publication Criteria and Guidelines for Assessing Geologic Sensitivity of Groundwater Resources in Minnesota may be used as a guide in determining potential impacts.
Subp. 7.
Sensitive surface waters.
A replacement plan must be denied if the local government unit determines the activities will have a significant adverse effect on the water quality of outstanding resource value waters listed in part 7050.0335 or on trout waters designated by the commissioner.
Subp. 8.
Education or research use.
A replacement plan for impacts to wetlands known to be used for educational or research purposes must be denied if the local government unit determines that those uses will not be maintained or adequately replaced.
Subp. 9.
Waste disposal sites.
The local government unit must evaluate the type and amount of waste material found at the site. Activities involving known or potential hazardous wastes or contaminants must be conducted according to applicable federal and state standards.
Subp. 10.
Consistency with other plans.
The local government unit must consider the extent to which proposed activities are consistent with other plans, such as local water management plans, watershed management plans, land use plans, zoning, and comprehensive plans.
Statutory Authority:
MS s 103G.2242
History:
34 SR 145; 41 SR 545
Published Electronically:
December 9, 2016
Official Publication of the State of Minnesota
Revisor of Statutes