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<br />4. "Biotic area" means one of the four biotic areas which <br />are designated: 1) Agassiz Lake Plain, 2) Southern <br />Drift Plain, Northeastern Drift Plain, Northwestern <br />Drift Plain, Turtle Mountain, 3) Missouri Coteau, <br />Coteau Slope, and 4) Missouri Slope, Little Missouri <br />Slope. <br /> <br />5. "Board" means the managers of the water resource <br />district in which the wetland to be drained is located. <br /> <br />6. "Drain" is any structure or construction which changes <br />the water surface area of a wetland. <br /> <br />7. "Evaluation team" consists of one staff member from <br />each of the state engineer's and commissioner's staff. <br />Their duties shall include determining the number of <br />wetland acres to be drained, whether replacement acres <br />are available in the wetlands bank, and whether manmade <br />wetlands not in the wetlands bank have material <br />wildlife values. <br /> <br />8. <br /> <br />"Manmade wetland" is a <br />values which results <br />inadvertent or not. <br /> <br />wetland with material wildlife <br />from man's activities whether <br /> <br />9. <br /> <br />"Normal water level" <br />evaluating a wetland <br />section 89-02-03-04. <br /> <br />is the level arrived at by <br />under the criteria set forth in <br /> <br />10. <br /> <br />"Replacement wetland" <br />wetlands and manmade <br />values. <br /> <br />includes both restored natural <br />wetlands with material wildlife <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-01, 61-32-03, 61-32-04, 61-32-05 <br /> <br />89-02-03-03. Selection and membership of evaluation team. <br />Upon receipt of an application to drain which has been processed <br />and approved by the board, the state engineer shall inform the <br />commissioner. The state engineer and commissioner shall appoint <br />one member from each of their staffs to determine the wetland <br />acreage to be drained, the availability of replacement wetland in <br />the wetland bank, and the wildlife values of any manmade wetlands <br />created after December 31, 1986, not contained in the wetlands <br />bank but which an applicant wishes to use for replacement <br />wetlands. In the event the evaluation team cannot agree, they <br />shall each state their position in writing and present it to both <br />the commissioner and the state engineer who shall together <br />resolve the issue. <br /> <br />-2- <br />