This section applies to the process for approving mitigation for activities that cause the destruction, damage, or impairment of naturally occurring isolated wetlands or man-made isolated wetlands used to mitigate the loss of naturally occurring wetlands.
(a) Point source discharge activities required to file mitigation plans. Any person who proposes a point source discharge of dredged or fill material into a naturally occurring isolated wetland or man-made isolated wetland used to mitigate the loss of a naturally occurring wetland in such a manner that causes the loss or destruction of greater than a cumulative one (1) acre of wetland habitat for the total project shall file with the administrator a notice of intent for coverage under an isolated wetlands mitigation general permit and a mitigation plan designed to offset the loss of wetland functions and values. Such notices of intent and mitigation plans must be filed and approved by the administrator prior to the commencement of the activity which will cause the wetland loss. Those activities which are subject to a permit or authorization from the U.S. Army Corps of Engineers pursuant to Section 404 of the CWA or mining activities subject to a permit or authorization from the Wyoming Department of Environmental Quality, Land Quality Division are exempt from this requirement.
(b) Mitigation plan contents and area of impact. Mitigation plans submitted to the administrator under this section shall contain the following information: - (i) Name and address of the applicant;
- (ii) Location and description of the isolated wetland that will be impacted, including the area of impact in acres, type of wetland, probable functional values, and source of water;
- (iii) Delineation of the impacted wetland using the U.S. Army Corps of Engineer's 1987 wetland delineation manual including maps, drawings, data sheets and conclusions;
- (iv) Name(s) and address(s) of adjacent property owners who may be affected by the activity;
- (v) Description of the activity causing the wetland impact;
- (vi) Description of actions to be taken to fully offset damage to the impacted wetland;
- (vii) Where the proposed mitigation involves the construction of replacement wetlands or the enhancement of existing wetlands the location and description of the mitigation area including the name and address of the landowner, construction plans, ma ps, water sources and construction time tables;
- (viii) Where the proposed mitigation involves the use of wetland credits recorded in the "Wyoming Statewide Wetland Mitigation Bank" a written authorization signed by the credit owner referencing the wetland credit file number and the amount of credit authorized for use;
- (ix) List of related permissions and/or authorizations necessary to successfully complete the planned mitigation including but not limited to water rights, easements, and associated federal, state or local permits.
(c) Access to physical locations associated with the permit. If requested by the administrator or the administrator's authorized agent, the permittee shall provide access to, physical locations associated with this permit including, but not limited to, any waters of the state associated with the permit at the point of discharge.
(d) Criteria for approval of mitigation plans under a general permit. - (i) The administrator shall approve all mitigation plans utilizing Wyoming Wetland Banked Credits in accordance with the "Wyoming Statewide Wetland Mitigation Bank -Guidelines for Interpretation and Implementation," April 1995;
- (ii) The administrator shall approve all mitigation plans involving the creation of new replacement wetlands, the restoration of degraded wetlands, or the enhancement of existing wetlands that are not recorded in the Statewide Wetland Mitigation Bank but meet the substantial elements of the wetland banking guidelines;
- (iii) The administrator may approve types of mitigation other than those described in the April 1995 Wetland Mitigation Bank Guidelines on a case-by-case basis after consideration of the ecological function and wetland value of the impacted wetlands and the net environmental benefit of the proposed mitigation. Such types of mitigation may include but are not limited to the acquisition of conservation easements, contributions to specific private or public habitat improvement projects, or modifications to the geographic and ecological limitations expressed in the wetland banking guidelines.
(e) Processing of notices of intent. Processing of notices of intent shall be in accordance with the procedures outlined in Section 4(f) of these regulations.
(f) Permit by rule. Discharges of dredged or fill material into naturally occurring isolated wetlands or man-made isolated wetlands used to mitigate the loss of naturally occurring wetlands which cause the loss or destruction of one acre or less of wetland habitat for the total project are permitted by rule in accordance with the following requirements: - (i) There shall be no discharge of solid wastes (as defined in Chapter 1, Section 1 [f] of the Department's Hazardous Waste Management Rules and Regulations), hazardous wastes, hazardous materials, hazardous constituents, radioactive material or any toxic substance.
- (ii) This permit by rule is not applicable to those activities which are subject to a permit or authorization from the U.S. Army Corps of Engineers pursuant to Section 404 of the CWA or mining activities subject to a permit or authorization from the Wyoming Department of Environmental Quality, Land Quality Division.