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for that portion of the wetland bank required to mitigate for specific impacts 

 attributable to a single federal aid project. 



c. ITD acknowledges that regulatory and resource agencies provide no 

 guarantee that an individual wetland bank site will be accepted as mitigation 

 at the time of a proposed trade, or that permits for a particular project will be 

 issued even though mitigation is offered. 



d. The wetland bank shall be publicly owned and maintained. 



7. Criteria for Use of a Wetland Bank: 



a. Conceptual review and concurrence in the proposed use of the wetland 

 bank will be sought from regulatory and resource agencies as part of the 

 early coordination phase of the environmental review process. Normally, 

 this will occur after project alternatives and their impacts have been 

 identified. Conceptual review and concurrence will require ITD to 

 demonstrate a wetland bank site is likely to function according to a 

 previously prepared plan. 



b. Final concurrence from regulatory and resource agencies for use of the 

 wetland bank will normally be sought during the §404 permit review 

 process. Significant new information not available at the time of conceptual 

 review and concurrence will be provided at this time. 



c. ITD will retain ownership or interest in the wetland bank, and 

 responsibility for operation and maintenance until an agreement with 

 another public agency is completed. ITD will normally solicit a public 

 resource agency to accept ownership and responsibility for an individual 

 wetland bank site at the time all of the resource credits from the site have 

 been withdrawn. No public agency is obliged to accept ownership or 

 responsibility. 



d. Lands withdrawn from the bank shall normally be functionally equal to 

 those damaged or destroyed. Replacement for impacted wetlands shall 

 normally be on a one to one basis, by area. Situations exist when it is more 

 practical to construct a greater acreage of lesser quality wetland rather than 

 the same acreage of equal quality wetland. In such case, a loss of quality 

 may be compensated for by an increase in quantity. However, in no case 

 may the dollar value of out-of-kind replacement exceed the cost of in-kind 

 replacement. 



e. Wetlands Intentionally or incidentally created by ITD prior to execution 

 of this agreement shall not be credited to the wetland bank. Wetlands 

 created or enhanced by ITD after execution of this agreement shall be 

 credited to the wetland bank. 



