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2004-07-13 TEP ReviewSEH July 13, 2004 Honorable Mayor and Council Members City of Albertville 5975 Main Avenue P. O. Box 9 Albertville, MN 55301 Dear Honorable Mayor and Council Members: RE: Albertville, Minnesota Michael Potter Site SEH No. A-ALBEV0301.00 The Technical Evaluation Panel (TEP) has reviewed the Wetland Conservation Act application for Exemption 8 -Approved Development. The TEP has determined that the Exemption should be denied based on several facts related to the WCA Exemption, associated Boazd of Water and Soil Resources (BWSR) guidance related to Exemption 8, and activities conducted on the site from 1994 to 2003. The following Findings of Fact related to the Exemption 8 application have been determined by the TEP: 1. The applicant was issued a Cease and Desist Order on April 18, 2003, a Restoration Order in July 2003. The applicant currently has a criminal complaint issued against him as a result of being in non- compliance with the Restoration Order. 2: The applicant applied for and was denied a Certificate of NaLoss in October 2003 since the above orders had been previously issued. 3. The applicant applied for an Exemption 8 -Approved Development in February 2004 and that application was reviewed for adequate documentation supporting the Exemption claim as required under Chapter 8420..0210. Exemption 8 requires that the project site have an approved preliminary or final plat or similaz type approval and the approval has not expired and that the project remains active. The TEP determined that the Exemption documentation was not adequate to make a ` ` ` determination. The TEP requested additional supporting documentation related to the project ~- remaining active be submitted. 4. The applicant had applied for and received a U.S. Army Corps of Engineers Section 404 permit in ~ ; . ~. 1988 to fill approximately 3 acres of wetland. The applicant requested a permit extension from the' Corps and the extension was granted to 1993. However the Corps permit expired in 1993 and no additional extensions were applied for. Additionally, once the Corps permit expired, either a certificate of exemption or wetland replacement plan application would also have been necessary to have been applied for since the Minnesota Wetland Conservation Act was in effect. 5. The applicant submitted additional documentation related to the project remaining active on June 28, 2004. The TEP reviewed this information and determined that the project had not remained active since the applicant did not have the necessary government approvals to fill wetlands and had not had these approvals since 1993. Meanwhile filling activities continued to occur on the site from1994 until the Cease and Desist Order was issued in April 2003. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paui, MN 55110-5196 SEH is an equal opportunity employer ~ www.sehinc.com ~ 651.490.2000 ~ 800.325.2055 ~ 651.490.2150 fax Honorable Mayor and Council Me;:.~ers July 13, 2004 Page 2 6. Guidance developed by BWSR related to Exemption 8 addresses that wetlands may be filled by construction projects without replacement if: The landowner has received governmental approvals required by federal, state, county, city, or towns to fill wetlands and these approvals have not expired. It also states that no wetland filling or drainage can occur beyond that documented by the approval. Based on the findings of fact it is the recommendation of the TEP that the application for Exemption 8 - Approved Development for Michael Potter be denied. ' If you have any questions or comments, please feel free to contact me. Sincerely, ELLIOTT HENDRICKSON INC. Tcjdd Udvig Senior Wetland ms c: Lynda Peterson, BWSR Colleen Allen, WSWCD Patty Fowler, MnDNR Jason Neuman, MnDNR Tim Fell, USACOE o:+.+~uv~~~~~.o3oaoo~c~ yaoi n.a« 8420.0115 WETLAND CONSERVATION 798 8420.0115 SCOPE OF EXEMPTION STANDARDS. Persons proposing to conduct an exempt activity are encouraged to contact the ~' local government unit or the local government unit's designee for advice on determin- ing whether a proposed project is eligible for an exemption and to evaluate alternatives to avoid or minimize wetland impacts. An activity is exempt if it qualifies for any one. of the exemptions, even though it maybe indicated as not exempt under another exemption. These exemptions do not apply to calcareous fens as identified by the commission- er. No exemptions apply to wetlands that have been previously restored or created as a result of an approved replacement plan. All such wetlands are subject to replacement - on subsequent drainage, excavation, or filling. - " ` order to claim an Wetlands may not be partially .drained, excavated, or filled in exemption or no-loss determination on the remainder. Therefore, no exemptions or no- loss determinations can be applied to the remaining wetland that would not have been ' applicable before the impact. Exemptions may not be combined on a wetland that is impacted by a project. Present and future owners of wetlands drained or filled without replacement under an exemption in part 8420.0122, subparts 1 and 2, item B, can make no use of the wetland area after it is drained, excavated, or filled, other than as agricultural land, for f ten years after the draining, excavating, or filling, unless it is first, replaced under the d "' ~"- requirements of Minnesota Statutes, section 103G.222. Also, for ten years the wetlan x ` q~ may not be restored for replacement credit. Except for land in public ownership, at the ~t ~~~' ~~' time of draining, excavation, or filling, the landowner shall record a notice of these roject is in which the h f ~ p e county or t restrictions in the office of the county recorder ~!'i ` ~ ~ ~ located. At a minimum, the recorded document must contain the name or names of the "' ~'.~ landowners, a legal description of the :property to which the restrictions apply, a ' ;.Cu statement of the restrictions, the date on which the ten year period expires, the name ~ ' , ~"~ of the local government which certified the exemption, if such occurred, the signatures ~ , t ~ j of all owners, and an acknowledgment. 7 ~ t ~ ~:~ A person conducting an activity in a wetland under an exemption in part 8420.0122 }, ;~a ~ ~, shall ensure that: ~' # A. appropriate erosion control measures are taken to prevent sedimentation 1 ~ , 1 ~ of the water; B. the activity does not block fish activity in a watercourse; and ' }~ ~ f C. the activity is conducted in compliance with all other applicable federal, ~ ] ~~ state, and local requirements, including best management practices as listed in part ~ ~' 8420.0112, and water resource protection requirements established under Minnesota ~ `- ~ t;: ,,f._ Statutes, chapter 103H. ' ~'' E~ ' Statutory Authority: MS s 14.06; I03B.101; 103B.3355; 103G.2242 ` t j t `' J q.~~ History: l8 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135 ~~L~ ' , ` 8420.0120 [Repealed, 22 SR 1877] tr 4~ ~ _ 8420.0122 EXEMPTION STANDARDS. ~. , „ ~ Subpart 1. Agricultural activities. A replacement plan for wetlands is not required j, for: f " A. activities in a wetland that was planted with annually seeded crops or was rior rs t h l ~ ' p en yea ast e in a crop rotation seeding of pasture grass or legumes in six of t ` to January 1, 1991. Documentation, such as aerial photographs, United States Depart- l went of Agriculture records, or affidavit of landowner must be required by the loca 11~ f ~ government unit to show and use as evidence for this exemption. Land eligible for this , . ~~. tr f' ' exemption must be wetland types 1 and 2; w~ ~ ~ ~,~tr { ':~ t: --- 7F~e#ttErE7taiLexnaa3asrsfffaautar 798 ct the :rmin- .atives ugh it ssion- led as ;went m an ~r no- been hat is under ~f the d, for :r the :tland at the these ect is ~f the ply, a name itures .0122 ation feral, P~ esota aired was prior part- local this 799 WETLAND CONSERVATION 8420.0122 B. activities in a wetland that is or has been enrolled in the federal Conservation Reserve Program that was planted with annually seeded crops or was in a crop rotation seeding in six of the last ten years prior to being enrolled in the program, and has not been restored with assistance from a public or private wetland restoration program. Federal documentation that the wetland is or has been enrolled in the federal Conservation Reserve Program may be used as evidence for this exemption. The landowner must also meet the same requirements of item A, except that the years required are at least six of the ten years preceding the yeaz of enrollment in the federal Conservation Reserve Program. The landowner must also state in writing that the wetland was not restored with assistance from a public or private wetland restoration fund,: or that the restoration was done under a contract or easement providing the. landowner with the right to drain the restored wetland; C. activities in a wetland that has received a commenced drainage determina- tion provided for by the federal Food Security Act of 1985, that was made to the county USDA office prior to September 19, 1988, and a ruling and any subsequent appeals or reviews have determined that drainage of the wetland had been commenced prior to December 23, 1985. The landowner must provide United States Depaztment of Agriculture documents confirming that the county USDA office determined before September 19, 1988, that drainage had begun before December 23, 1985, and that the determination has not been overturned by subsequent appeal or review and is not currently under administrative review; D. (1) activities in a type 1 wetland on agricultural land, except for bottom- land hardwood type 1 wetlands, and activities in a-type 2 or type 6 wetland that is less than two acres in size and located on agricultural land; (2) this exemption may be expanded to additional acreage, including types 1, 2, and 6 wetlands that are part of a lazger wetland system, when the additional acreage is part of a conservation plan approved by the local soil and water conservation district, the additional draining or filling is necessary for efficient operation of the farm, the hydrology of the larger wetland system is not adversely affected, and wetlands other than types 1, 2, and 6 are not drained or filled; (3) the exemption in subitem (2) is subject to the size limits included in subitem (1); E. aquaculture activities including pond excavation and construction and maintenance of associated access roads and dikes authorized under, and conducted in accordance with, a permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but not including construction or expansion of buildings;: F. wild rice production activities, including necessary diking and other activi- ties authorized under a permit issued by the United. States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code,. title 33, section 1344; G. normal agricultural practices to control noxious or secondary weeds as defined by rule of the commissioner of agriculture, in accordance with applicable requirements under state and federal law, including .established best management practices; and H. agricultural activities that are: (i) in a wetland that is on agricultural land annually enrolled in or determined to be eligible for benefits under. the federal Agriculture Improvement and Reform Act of 1996, Public Law 104-127; or (2) subject to subsequent federal. farm program restrictions .that meet minimum state standards under this chapter and Minnesota Statutes, sections 103A.202 and 103B.3355, and that have been approved by the boazd of water and soil resources, the commissioners of natural resources and agriculture, and the pollution control agency. The approved conditions and standards shall be noticed by the boazd to local '~~, P,~p.q ~;~ :::~ I'3' ~" ' ~i~ ~; 3: ~ ~i- 8420.0122 WETLAND CONSERVATION 800 . ia;; government units and published in the State Register. The conditions and standards '" i shall take effect 30 days after publication and remain in effect unless superseded by ~' i subsequent statute, rule, or notice in the State Register. This exemption maybe applied to agricultural land annually enrolled in the federal Farm Program as long as wetlands are not drained, excavated, or filled beyond what is: (a) allowed under the other exemptions in this part; °'~ ` (b) necessary to replace, maintain, or repair existing private drainage infrastructure with a capacity not to exceed that which was originally constructed; or ~' '' ` (c) replaced at a ratio of 1:1 or greater under United States ~'. i' Department of Agriculture provisions as supported by documentation from the United '~ ~ ~ States Department of Agriculture which must be included as evidence to support this ~~ ; f ~ ~' exemption. ~ ~~ If the activity would result in loss of eligibility, the landowner cannot qualify for : r ~~ ,~.; ' ~i ' the exemption. ~ k ' Subp. 2. Drainage. ~~? ~.; ~ A. For the purposes of this subpart, "public drainage system" means a it ~'` ' drainage system as defined in Minnesota. Statutes, section 103E.005, subdivision 12, and s 3 ~ ~ ` ~ any ditch or the lawfully connected to the drainage system. l l d t • ~ wet an s, or up B. A replacement plan is not required for draining of type ~~;#;<:'~ to five acres. of type 2 or type 6 wetlands, in an unincorporated azea on land that has ' `~~'~ been assessed drainage benefits for a public drainage system, provided that: (1) during the 20 year period that ended January 1, 1992: (a) there was an expenditure made from the drainage system account for the public drainage system; (b) the public drainage system was repaired or maintained as approved by the drainage authority; or (c) no repair or maintenance of the public drainage system was required under Minnesota Statutes, section 103E.705, subdivision 1, as determined by the public drainage authority; and (2) the wetlands are not drained for conversion to: (a) platted lots; ~~' (b) planned unit, commercial, or industrial developments; or x ` (c) any development with more .than one residential unit per 40 acres. ~;Y' ~ ff wetlands drained under this item are converted to uses prohibited .under ~ subitem (2) during the ten yeaz period following drainage, the .wetlands must be replaced under Minnesota Statutes, section 103G.222: C. A replacement plan is not required for draining, excavating, or filling of wetlands, except for draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years, resulting from maintenance and repair of existing public drainage ~: systems conducted or authorized by a public drainage authority pursuant to Minnesota Statutes, chapter 103E. i; ~ D. A replacement plan is not required for draining, excavating, or filling of + wetlands, except for draining wetlands that have been in existence for more than 25 ,•~' years, resulting from maintenance and repair of existing drainage systems other than '' ~ public drainage systems. ~,. '°`~ For items C and D, the landowner must provide documentation that the wetlands S ° which will be partially or completely drained by the maintenance have not existed for ,,;'.`; more than 25 years. Documentation may include, but is not limited to: aerial photo- : graphs, climatological records, soil borings, vegetative analysis, elevation surveys, or `''~ sworn affidavits. ` ~', E. A replacement plan is not required for draining, excavating, or filling of ~`F; wetlands resulting from activities conducted as part of a public drainage system ~~' ~,' '~~ 6 i 800 lards d by died ands Wage 3; or tates iited this i for ns a ,and ~r up t has ount ~ as i i was :d by r 40 nder t be ~g of for page ~ rota 801 WETLAND CONSERVATION 8420.0122 improvement project that received final approval from the drainage authority before July 1,1991, and after July 1, 1986, if: (1) the approval remains valid; (2) the project remains. active; and (3) no additional drainage will occur beyond that originally approved. F. The public drainage authority may, as part of the repair, install control structures, realign the ditch, construct dikes along the ditch, or make other modifica- tions as necessary to prevent drainage of the wetland. G. Wetlands and public waters of all types that could be drained as a part of a public drainage repair project are eligible for the permanent wetlands preserve program established under Minnesota Statutes, section 103F.516. The board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have been in existence for more than 25 years on public drainage systems and other wetlands that have the greatest risk of drainage from a public drainage repair project. Subp. 3. Federal approvals. A replacement plan for wetlands is not required for activities described in items A and B. A. Activities exempted from federal regulation under United States Code, title 33, section 1344(f), as in effect on January 1, 1991. The local government unit may certify the exemption only if the landowner furnishes proof of qualification for one of the exemptions from the United States:Army Corps of Engineers. This. exemption does not apply to a project with the purpose of converting a wetland to a nonwetland, either immediately or gradually, or converting the wetland to another use, or when the fill will result in significant discernible change to the flow or circulation of water in the wetland, or partly draining it, or reducing the wetland area. B. Activities authorized under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, or section 10 of the Rivers and Harbors Act of 1899, United States Code, title 33, section 403, and regulations that meet minimum state standards under this chapter and that have been approved by the board of water and soil resources, the department of agriculture, the department of natural resources, and the pollution control agency. Subp. 4. Wetland restoration. A replacement plan for wetlands is not required for activities in a wetland restored for conservation purposes under a contract or easement providing the landowner with the right to drain the restored wetland. The landowner must provide a contract or easement conveyance or affidavit demonstrating that the landowner or a predecessor restored the wetland for conserva- tion purposes but retained the right to subsequently drain the restored wetland. Subp. 5. Incidental wetlands. A replacement plan for wetlands is not required for activities in wetland areas created solely as a result of: A. beaver dam construction; ig of B. blockage of culverts through roadways maintained by a public or private n ~ entity; than C. actions by public or private entities that were taken for a purpose other than creating the wetland; or ends D. any combination of items A to C. i for ~ Wetland areas created by beaver activities may be drained by removing those oto- ~ materials placed by beaver. Drainage is permitted by removing or moving materials ~, or blocking installed roadway culverts and related drainage structures. Additional excava- tion or removal of other materials is not permitted unless it can be shown by aerial g of photographs that the proposed activity will not drain or fill wetland that was there item before the beaver dam was built or before the culvert became plugged. `'~C _~~ °~ .,~~ ~~" 8420.0122 WETLAND CONSERVATION 802 ' Wetland areas may be drained, excavated, or filled if the landowner can show that the wetland was created solely by actions, the purpose of which was not to create the wetland. Impoundments or excavations constructed in nonwetlands solely for the purpose of effluent treatment, storm water retention, soil and water conservation practices, and water quality improvements, and not as part of a wetland replacement process that may, over time, take on wetland characteristics, are also exempt. Subp. 6. Utilities; public works. A replacement plan for wetlands is not required for: A. placement, maintenance, repair, enhancement, or replacement of utility or utility-type service if: (1) the impacts of the proposed project on the hydrologic and biological characteristics of the wetland have been avoided and minimized to the extent possible; and '' (2) the proposed .project significantly modifies or alters less than one-half acre of wetlands; B. activities associated with routine maintenance of utility and pipeline rights- ;', of-way, provided the activities do not result in additional intrusion into the wetland; C. alteration of a wetland associated with the operation, maintenance, or repair of an interstate pipeline within all existing or acquired interstate pipeline rights- e of-way; g D. emergency repair and normal maintenance and repair of existing public works, provided the activity does not result in additional intrusion of the public works into the wetland and does not result in the draining or filling, wholly or partially, of a wetland; E. normal maintenance and minor repair of structures causing no additional intrusion of an existing structure into the wetland, and maintenance and repair of private crossings that do not result in the draining or filling, wholly or partially, of a wetland; or F. repair and updating of existing individual sewage treatment systems as necessary to comply with local, state, and federal regulations. For new placement and enhancement of existing facilities, the utility must demon- strate that the character and extent of the impacts of the proposed project on the wetlands have been minimized. For maintenance, repair, and replacement, the local government unit may issue a seasonal or annual exemption cert~cation or the utility may proceed wiWout local government unit certification if it is carrying out the work according to best manage- ment practices. Work of an emergency nature may proceed as necessary and any drain or fill activities shall be addressed with the local government unit after the emergency work has been completed. Subp. 7. Forestry. A replacement plan for wetlands is not required for: A. temporarily crossing or entering a wetland to perform silvicultural activi- ties, including timber harvest as part of a forest management activity, so long as the activity limits the impact on the hydrologic and biologic characteristics of the wetland; the activity does not result in the construction of dikes, drainage ditches, the lines, or buildings; and the timber harvesting and other silvicultural practices do not result in the drainage of the wetland or public waters; or B. permanent access for forest roads across wetlands so -long as the activity limits the impact on the hydrologic and biologic .characteristics of the wetland; the construction activities do not result in the access becoming a dike, drainage ditch, or the line; filling is avoided wherever possible; and there is no drainage of the wetland or public waters. This exemption is for roads constructed for the primary purpose of providing access for the conduct of silvicultural activities. 803 WETLAND CONSERVATION 8420.0122 Subp. 8. Approved development. A replacement plan for wetlands is not required for development projects and ditch improvement projects in the state' that have received preliminary orfinal plat approval or have,infrastructure that has been installed or has local site plan approval; conditional use permits,. or similar official. approval, by a governing body or government agency, within five years before July 1; .1991. As used in this subpart, "infrastructure" means public water facilities, storm water and sanitary sewer piping, outfalls, inlets, culverts, bridges, and any other work defined specifically by a local government unit as constituting a capital improvement to a parcel within the context of an approved development plan. Subdin ers who obtained preliminary plat approval. in the specified time period, developers with one of .the listed approvals timely obtained, provided and othex ~roject : w approval has not, expired and the project remains active, may drain and fill wetlands, to the extent documented by the approval, without replacement. Those elements. of the project that can be carried out without changing the approved plan and without } draining or filling must be done in that manner. If wetlands can be avoided within the terms of the approved plan, they;must be avoided. For county, joint county, and watershed district ditch projects, this exemption applies to projects that received final approval in the specified time period. Subp. 9. De minimis. A, Except as provided in items B and C, a replacement plan for wetlands is not required for draining, excavating, or filling the following amounts of wetlands as part of a project: (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack wetlands, outside of the shoreland wetland protection zone and that are not fringe areas of type 3, 4, or 5 wetlands in a greater than 80 percent area; hite cedar di l d _, ~<C~ ng w u , exc (2) 5,000 square feet of type 1, 2, 6, or 7 wetlan and tamarack wetlands, outside of the shoreland wetland protection zone and that are ent area 80 0 A;~t '~ ~ ; perc to not fringe areas of type 3, 4, or 5 wetlands in a 5 C (3) 2,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland `•;,~ wetland protection zone and that are.not fringe areas of type 3, 4, or 5 wetlands in a less than 50 percent area; (4) 400 square feet of wetland types not listed in subitems (1) to (3) outside of shoreland wetland protection zones in all counties; or (5) 400 square feet of type 1, 2, 3, 4, 5, 6, 7, or 8 wetland, in the shoreland wetland protection zone, except that in a greater than 80 percent area, the local government unit may increase the de minimis amount up to 1,000 square feet in the shoreland wetland protection zone in areas beyond the building setback if the wetland is not a type 3, 4, or 5 wetland, is isolated, and is determined to have no direct surficial connection to the public water. To the extent that a local shoreland manage- ment ordinance is more restrictive than this subitem, the local shoreland ordinance applies. ' B. The amounts listed in item A may not be combined on a project. C. This exemption no longer applies to a landowner's portion of a wetland ' s when the proposed project impact area and the cumulative area of the landowner portion drained, excavated, or filled since January 1, 1992, is the greater of: (1) the applicable area listed in item A, if the landowner owns the entire wetland; (2) five percent of the landowner's portion of the wetland; or (3) 400 square feet. D. This exemption may not be combined with another exemption on a project. E. For purposes of this subpart, for wetlands greater than 40 acres, the wetland type may be determined to be the wetland type with the deepest water regime within the wetland and within 300 feet of the impact. Subp. 10. Wildlife habitat. A replacement plan for wetlands is not required for: ~' '~ 8420.0122 . WETLAND CONSERVATION 804 i A. excavation or the associated deposition of spoil within a wetland for a wildlife habitat improvement project, if: t ~ (1) the area of deposition, and excavation if within the permanently and tj semipermanently flooded areas of type 3, 4; or 5 wetlands, does not exceed five percent ~~ of the wetland area or one-half acre, whichever is less, and the spoil is stabilized and `- permanently seeded with native, noninvasive species to prevent erosion; '~~• (2) the project does not have an adverse impact on any species designat- i;:. !`' ed as endangered or threatened under state or federal law; and ~i>: . c;~, (3) the project will provide wildlife habitat improvement as certified by }~ ; the soil and water conservation district or technical evaluation panel using the "Wildlife ~f~' Habitat Improvements in Wetlands: Guidance for Soil and Water Conservation Dis-~~ }~' ' trios and Local Government Units in Certifying and Approving Wetland Conservation Act Exemption Proposals, Minnesota Interagency Wetlands Group, December 2000" y ` or similar criteria approvedby the board, or ~` k' B. duck blinds. Statutory Authority: MS s 103B.101; 103B.3355; 103G.2242 History: 22 SR 1877; 25 SR 152; 27 SR 135 PROCEDURES ti~ _ _ _ 8420.0200 DETERMI1vING LOCAL GOVERNMENT UNTT; DUTIES. Subpart 1. Determinations of local government unit. The local government unit responsible for making exemption, wetland type, wetland boundary, and no-loss determinations and approving. replacement and wetland banking plans shall be deter- mined according to items A to D. A. Outside the seven-county metropolitan area, the local government unit is the county or city in which the drain or fill activity is located, or its delegate. B. In the seven-county metropolitan area, the local government unit is the city, town, or water management organization regulating surface-water-related matters in the area in which the drain or fill activity is located, or its delegate. The watershed management plan. adopted under Minnesota Statutes, section 103B.231, and related ~ board rules will normally indicate the appropriate local government unit. Lacking an indication, the local government unit must be the city, town, or its delegate. C. If the activity in a wetland is located in two jurisdictions, the local government unit is the one exercising zoning authority over the project or if both have zoning authority, the one in which most of the wetland loss will occur. If no zoning. permits are required, the local government unit is the one in which most of the wetland f, loss will occur. If an activity will affect wetlands in more than one local government unit, the board will coordinate the project review to ensure consistency and consensus among the local government units involved. D. In those cases .where an activity will occur on state land, the local ~:,' ,government unit is the state agency, or the agency's designee, ;:with administrative responsibility for that land. The board will resolve all questions. as to -which government entity is the `i; responsible authority, applying the guidelines in items A to D. Notwithstanding items A to D, the Department of Natural Resources shall be the approving authority for activities associated with projects requiring permits to mine under Minnesota Statutes, section 93.481, and for projects affecting calcareous fens. Subp. 2. Local government unit duties. A. A local government unit must provide knowledgeable and trained staff to manage the program or secure a qualified delegate. Otherwise, the board may declare a moratorium as prescribed in part 8420.0260 or take other appropriate legal action to assure proper implementation and compliance with this chapter. The board may establish standards and requirements for training, experience, and certification.