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8) Performance Bonds and Demonstration of Competence. 



A demonstration of financial resources, administrative, 

 supervisory, and technical competence and scientific expertise 

 of sufficient standing to successfully execute the compensation 

 project shall be provided. A compensation project manager shall 

 be named and the qualifications of each team member involved in 

 preparing the mitigation plan and implementing and supervising 

 the project shall be provided, including educational background 

 and areas of expertise, training and experience with comparable 

 projects. In addition, bonds ensuring fulfillment of the 

 compensation project, monitoring program, and any contingency 

 measure shall be posted pursuant to Section 7.5 in the amount 

 of one hundred twenty (120) percent of the expected cost of 

 compensation . 



9) Regulatory authorities are encouraged to consult with and 

 solicit comments of any federal, state, regional, or local 

 agency, including tribes, having any special expertise with 

 respect to any environmental impact prior to approving a 

 mitigation proposal which includes wetlands compensation. The 

 compensation project proponents should provide sufficient 

 information on plan design and implementation in order for such 

 agencies to comment on the overall adequacy of the mitigation 

 proposal. 



10) Compensatory mitigation is not required for regulated 

 activities: 



A. For which a permit has been obtained that occur only in 

 the buffer or expanded buffer and which have not adverse 

 impacts to regulated wetlands; or 



B. allowed activities pursuant to Section 5.2 provided such 

 activities utilize best management practices to protect 

 the functions and values of regulated wetlands. 



7.6 Appeals 



Any decision of the [Approval Authority] in the administration of 

 this chapter may be appealed to [hearing body] . The [hearing body] 

 shall give sxibstantial weight to any discretionary decision of the 

 [Approval Authority] rendered pursuant to this Chapter. 



7.7 Modification of Wetland Permits 



A Wetland Permit holder may request and the [Approval Authority] 

 may approve modification of a previously issued Wetland Permit. 



7.8 Resubmittal of Denied Permit Applications 



A Wetland Permit application which has been denied may be modified 

 and resubmitted no earlier than one hundred eighty (180) days 

 following action on the original application. A permit application 

 shall be considered a resubmittal if the site proposed for 

 development was the subject of a Wetland Permit application within 

 the previous one hundred eighty (180) days. 



