Laserfiche WebLink
<br />The form shall include: <br /> <br />1. Name and address of the applicant. <br /> <br />2. The drain permit application number. <br /> <br />3. Whether applicant will use replacement acreage from the <br />wetlands bank. <br /> <br />4. Other information deemed pertinent by the state <br />engineer. <br /> <br />For purposes of this section the average cost of replacement <br />acres is determined on the day the notice of intent is received <br />in the office of the state engineer if the notice is delivered <br />personally, the date the notice of intent is mailed if sent by <br />certified mail, or the date of receipt by the state engineer if <br />mailed by regular mail. The state engineer shall notify the <br />applicant by certified mail of the amount due to defray ten <br />percent of the average cost of replacement. Within ten days of <br />the state engineer's sending of this notice the landowner shall <br />give a cashier's or certified check for at least that amount to <br />the state engineer. The check shall be payable to the wetlands <br />replacement fund. <br /> <br />Upon receipt as determined above of a notice of intent from <br />an applicant whose permit has received the necessary approval <br />from the board and the state engineer, the acreage to be replaced <br />shall become a debit to the wetlands bank. <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 />89-02-03-07. Priority. Except in cases where a <br />governmental agency or a coal mining operation has created or <br />restored a wetland for the purposes of an identified project, <br />priority in time shall give the superior right to use credits in <br />the wetlands bank. However, in no event shall a governmental <br />agency or a coal mining operation hold a priority for the same <br />credit for more than two years unless an application to drain and <br />use that credit has been made. A priority dates from the <br />condi tional approval by the board of an application to drain. <br />Provided, if any notice of intent or certified or cashier's check <br />is not received wi thin the time period allowed under section <br />89-02-03-05, the priority date shall be the date of receipt by <br />the state engineer of the certified or cashier's check. <br />Regardless, the notice of intent must be in writing on the form <br />prescribed by the state engineer and must be personally delivered <br />to the office of the state engineer or mailed by certified or <br />regular mail. <br /> <br />-5- <br />