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<br />89-02-03-05. Notification of acres to be replaced and <br />sources for replacement. Once a determination of the number of <br />wetland acres to be drained has been made, and in the case of an <br />application of statewide or interdistrict significance after the <br />state engineer's approval of a drainage permit pursuant to <br />chapter 89-02-02, the evaluation team shall report its findings <br />to the state engineer and the commissioner. The state engineer <br />shall then notify the applicant and the board by certified mail <br />of: <br /> <br />1. The number of wetland acres required to replace the <br />acres to be drained. <br /> <br />2. Whether sufficient appropriate replacement acres are <br />available in the wetlands bank including: the number <br />of acres in that county or contiguous counties, or if <br />less than fifty percent of the required acreage is <br />available in the account for that county or contiguous <br />counties, the availability of replacement wetlands <br />within the same biotic area, and the availability of <br />replacement wetlands in other areas of the state. <br /> <br />3. The average cost of replacement acres in the wetlands <br />bank at the time of the notice. <br /> <br />4. That the applicant's desire to use wetlands from the <br />wetlands bank must be expressed in wri ting by <br />personally delivering it to the state engineer's <br />office, or by mailing it by certified or regular mail <br />to the state engineer, within thirty days of the date <br />the notice of availability is received by the applicant <br />or his agent. If the applicant chooses to mail the <br />notice by regular mail, the date of receipt by the <br />state engineer shall toll the thirty day time period. <br /> <br />The notice to the landowner shall include a notice of intent <br />form for the landowner's use. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-03, 61-32-04, 61-32-05 <br /> <br />89-02-03-06. Notice of intent - Payment. Wi thin thirty <br />days of the receipt of notice of the acreage to be replaced and <br />the availability of replacement acres, the applicant shall <br />provide written notice of intent to use wetlands from the <br />wetlands bank to the state engineer by personal delivery or by <br />certified or regular mail on the notice of intent form. The <br />state engineer will notify the commissioner upon receipt of the <br />notice. <br /> <br />-4- <br />