MWPCP EXAM - WCA QUESTIONS WITH
100% CORRECT ANSWERS!!
MN Wetland Conservation Act (WCA): regulation, administration,
implementation Answer - regulation: all naturally occurring wetlands in
Minnesota that are not Public Waters
administration: local gov't units (LGUs) with oversight by the BWSR
implementation: draining, filling, and in some cases excavation
MN Public Waters Work Permit Program Answer - regulation: activities in
Public Waters below OHWL in public waters & associated wetlands (shown on
PWI maps)
administration: by the MN DNR (hydrologists in Ecological & Water resources
division; Water Permits unit)
implementation: alteration of course, current, or cross-section
How do the WCA and WPPP interact? Answer - - DNR/WPPP jurisdiction covers
public waters and waterbasins at or below the OHWL
- Wetland areas that occur landward of the OHWL of public waters fall under
WCA jurisdiction; you can have a PWPP water/wetland and a WCA wetland
within the same project area
- the DNR has the ability to reclassify public waters wetlands as those that fall
under WCA jurisdiction (or as Public Waters) ; in other words, they can 'pass
them on' to the LGUs
- LGUs can waive the need for a replacement if there is already a MWPP permit
required
,When was the WCA enacted and why? Answer - It was enacted in 1991 to
protect wetlands not already protected under the DNR's PWPP and to provide
no net loss of Minnesota's wetlands
What is the purpose and scope of the WCA? Answer - purpose:
A. achieve no net loss in the quantity, quality, and biological diversity of
Minnesota's existing wetlands;
B. increase the quantity, quality, and biological diversity of Minnesota's
wetlands by restoring or enhancing diminished or drained wetlands;
C. avoid direct or indirect impacts from activities that destroy or diminish the
quantity, quality, and biological diversity of wetlands; and
D. replace wetland values where avoidance of activity is not feasible and
prudent.
scope:
wetlands must not be impacted unless replaced by restoring or creating
wetland areas of at least equal public value
What are activities that the WCA does *not* regulate? Answer - - use of the
bed of wetlands for pasture or cropland if there are no impacts /
improvements / constructions made to the wetland
- normal farming practices on a wetland that *don't* include draining it (in
other words, if it's being drained, it's regulated)
- control of noxious weeds, if the wetland isn't being impacted
- any 'incidental' wetlands
(e.g. drainage ditches, other wetlands created for stormwater retention,
soil/water conservation, etc.)
- wetlands that are solely under the PWPP (generally: Public Waters and
Waterbasins)
, Incidental Wetland Answer - wetlands not constructed as part of a wetland
replacement process. put simply, 'accidental' wetlands
'wetland areas that the landowner can demonstrate, to the satisfaction of the
LGU, were created in nonwetland areas solely by actions, the purpose of which
was not to create the wetland.'
Impact Answer - a loss in the quantity, quality, or biodiversity of a wetland
caused by draining or filling of wetlands, wholly or partially, or by excavation in
the permanently and semipermanently flooded areas of type 3, 4, or 5
wetlands, and in all wetland types if the excavation results in filling, draining, or
conversion to nonwetland
Fill Answer - any solid material added to or redeposited in a wetland that
would alter the wetland's cross-section or hydrological characteristics, obstruct
flow patterns, change the wetland boundary, or convert the wetland to a
nonwetland.
Pre-settlement area designations Answer - - are based on bank service areas
(BSAs)
- determine where a wetland can be replaced (depending on what percentage
of the pre-settlement wetlands are intact) - either < 80% or > 80%
- as of 2017: presettlement areas are no longer a restriction for replacement of
a wetland within the same BSA
What does the Technical Evaluation Panel ("TEP") do? Answer - - they will
typically make technical recommendations and findings to the LGU
What are the LGU roles and responsibilities? Answer - - making decisions on
applications under the WCA
- providing knowledgeable & trained staff
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