Avoidance
Brochure #4
The first step in sequencing is to determine if the project is wetland dependent or if wetland impacts can be avoided by analyzing alternatives.
Wetlands Are To Be Avoided If Any Of The Following Apply:
- Endangered or threatened species: It is determined
that the proposed activities will constitute a taking of federal or state-listed
endangered or threatened species under Minnesota Statutes, Section 84.0895.
- Rare natural community:The LGU determines that
the proposed activity will permanently adversely affect a rare natural
community as identified by the DNR's Natural Heritage Program.
- Fish and wildlife resource:The plan would have significant adverse impacts that cannot be mitigated on a special or locally significant fish and wildlife resource such as :
- fish passage and spawning,
- colonial waterbird nesting colonies,
- migratory waterfowl concentration areas,
- deer wintering areas, and /or
- wildlife travel corridors.
- Archaeological or historical: The LGU determines
that the activity will have significant adverse impacts on the archaeological
or historical value of a site on or eligible for the National Register
of Historic Places, as designated by the state historic preservation officer.
- Groundwater sensitivity: The LGU determines
that the activity will have a significant adverse impact on groundwater
quality.
- Surface surface waters: The LGU determines the
activity will have a significant adverse impact of the surface water quality
of outstanding resource value waters listed in MN Rules 7050.0180 or on
trout waters designated by the Commissioner of Natural Resources.
- Educational or research: If the wetland is known
to be used for educational or research purposes, it must be maintained
or adequately replaced.
- Hazardous waste or contaminants: The LGU determines
that the activity involves known hazardous waste or contaminants or such
materials are found on the site, the activities must be conducted according
to applicable federal
and state standards.
- Local Plans: The LGU determines that the project is contradictory to other local plans.
Wetland Dependence Determination
If a project is determined to be wetland dependent by the LGU, it is exempt from the analysis of avoidance alternatives explained bellow. A project is wetland dependent when wetland features, functions, or values are essential to fulfill the basic purpose of the project.
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