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65 <br />MINNESOTA RULES 6115.0255 <br />(1) stop all work, conduct no further work, and take immediate corrective action to <br />stabilize the site from imminent erosion or restore water flow if ordered by the enforcement authority; <br />and <br />(2) immediately submit a written project application form to the area hydrologist. <br />D. The enforcement authority issuing a cease and desist order shall promptly submit copies <br />of the order to the commissioner. <br />E. The commissioner or agent shall review the evidence, including any evidence produced <br />by a landowner, inspect the site if necessary, and determine: <br />(1) whether the area in question is a public water; <br />(2) whether a public waters work permit is required; and <br />(3) whether a public waters work permit application should be submitted or whether a <br />restoration order or replacement order should be issued immediately, if it is determined that a public <br />waters work permit application submitted in response to the cease and desist order would be denied <br />in its entirety for being inconsistent with parts 6115.0150 to 6115.0280. <br />F. Pending a resolution of any criminal proceedings, if it is determined that the activity <br />does not require a permit or if a permit is issued, the commissioner or agent shall request that the <br />enforcement authority rescind the cease and desist order, pending the outcome of any decision that <br />is appealed, and notify the soil and water conservation district, the commissioner, and the landowner. <br />If the application is denied, the commissioner shall immediately notify the soil and water conservation <br />district, the enforcement authority, and the landowner. <br />G. A cease and desist order must advise the landowner that violation of the order is a <br />misdemeanor. <br />Subp. 4. Restoration and replacement orders. <br />A. If the commissioner or agent, with the concurrence of the enforcement authority, <br />determines that restoration may not restore all the loss caused by the drain, excavate, structure, or <br />fill activity, the enforcement authority may order restoration, a combination of restoration and <br />replacement, or replacement rather than restoration. <br />B. The enforcement authority shall issue a restoration order or replacement order if: <br />(1) a cease and desist order has been issued and the landowner has not submitted a <br />written project notification form to the area hydrologist within three weeks; or <br />(2) the commissioner has denied a permit application, determined that a permit <br />application submitted for the activity subject to a cease and desist order would be denied in its <br />entirety for being inconsistent with parts 6115.0150 to 6115.0280, or determined that some <br />combination of restoration of the site and off -site restoration or replacement is necessary. <br />C. Promptly upon being informed of the need, the commissioner or agent shall inspect the <br />site and prepare a plan for restoring the site. Restoration shall be ordered unless the commissioner <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />