23.02.04.09

.09 Board Action on Applications for Individual Licenses.

A. The Board shall grant or conditionally grant, or deny, an individual license upon determining if issuance of the license is:

(1) Sufficient to the attainment of riparian rights; and

(2) Reasonable in accordance with the best interests of the State.

B. In making its determination, the Board shall:

(1) Consider the recommendations of the Department, the report of the Boardís Administrator, any public testimony at an informational hearing, any documents submitted, and any other relevant information in the record, including any additional oral testimony the Board may elect to hear; and

(2) Take into account:

(a) The varying ecological, economic, developmental, recreational, and aesthetic values that the project presents; and

(b) The Stateís public policy to preserve the wetlands and prevent their despoliation and destruction.

C. Review of Application.

(1) The Board, through its Administrator, may request the Department to supplement its Report and Recommendation to address specific concerns relevant to determining either the sufficiency of the proposed project or the best interests of the State.

(2) For any application with interested persons who expressed opposition to the proposed license either in writing to the Department or the Board, or at the public informational hearing, the Board, through its Administrator, shall:

(a) Publish the Departmentís Report and Recommendation, including any supplement, on the Boardís website, and

(b) Provide notice of that publication to any interested persons.

(3) Interested persons may submit written comments to the Board after publication of the Departmentís Report and Recommendation on the Boardís website under §C(2)(a) of this regulation.

(4) The Administrator shall:

(a) Review the Departmentís Report and Recommendation, including any supplement;

(b) Review any comments received within 21 days after publication under §C(3) of this regulation, and may review comments received thereafter;

(c) Submit a written recommendation to Board members stating whether an individual license should be granted, and specifying any appropriate terms and conditions;

(d) Before the Boardís action on an individual license, inform the applicant in writing of the following:

(i) Any monetary compensation in lieu of mitigation recommended under Regulation .11 of this chapter; and

(ii) Any compensation recommended under Regulation .12 of this chapter; and

(e) Make available to Board members all records and documents reviewed and considered in preparing the recommendation submitted under §C(4)(c) of this regulation .