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<br />3. All permits shall be conditioned that construction <br />commence within two years from the date of final <br />approval except as provided by section 89-02-02-23. <br /> <br />4. After July 1, 1989, all ;.crmits shall be conditional <br />that replacement of the a:.,._,ropriate number of wetland <br />acres, as determined by the evaluation team under <br />chapter 89-02-03, must be met before construction may <br />commence. <br /> <br />The state engineer may attach other conditions to an <br />approved permit if deemed necessary. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-15-08, 61-32-03 <br /> <br />89-02-02-23. Commencement of construction. Construction of <br />a proj ect permitted pursuant to this chapter may not commence <br />until the law concerning replacement of wetlands is satisfied. <br /> <br />History: <br />General Authority: NDCC <br />Law Implemented: NDCC <br /> <br />89-02-02-24. Time within which to begin construction of <br />drain. The recipient of a permit to drain under this chapter <br />must commence actual construction wi thin two years of the date <br />the state engineer's decision granting the permit is final. The <br />two year period shall not begin until any appeal of the state <br />engineer or board' s decision is completed, nor shall it run <br />during the course of any other legal action brought to challenge <br />the state engineer or board' s decision or halt or modify the <br />project. <br /> <br />Once construction has been commenced the permit recipient <br />must make good faith efforts and satisfactory progress, as <br />determined jointly by the state engineer and the water resource <br />board, toward completion of the project. <br /> <br />If the two year period runs before construction is commenced <br />the permit recipient may make a written request for a one year <br />extension which must be granted by both the state engineer and <br />the water resource board. All requests for extensions must be <br />made at least sixty days prior to the end of the two year period <br />and must specifically state why construction has not commenced. <br />Upon expiration of any extension, the permit recipient may <br />request a further extension. <br /> <br />In the <br />commencement <br /> <br />event the two year <br />of construction, an <br /> <br />period passes without <br />extension of the period <br /> <br />the <br />as <br /> <br />-16- <br />