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06/18/2019 - City Council Public Works Committee (2)AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, June 18, 2019 (After conclusion of Regular Council Meeting) CITY HALL EAGAN ROOM I.ADOPT AGENDA II.WATER METER PROGRAM - SURCHARGE APPEALS III.NEW STATUTE ON SPEED LIMITS IV.UPDATE ON LOWER MINNESOTA RIVER WATERSHED DISTRICT PROPOSED RULE CHANGES V.OTHER BUSINESS VI.ADJOURNMENT Agenda Memo June 18, 2019 Public Works Committee Meeting II.Water Meter Replacement/Repair Program Surcharge Appeals Direction To Be Considered: Provide direction to City staff regarding the final disposition of the Water Meter Replacement/Repair (R/R) Program (City Code 3.05) surcharge for the identified properties in accordance with the related City Ordinance. Background: On May 15, 2012, the City Council adopted an amendment to City Ordinance 3.05 regarding the Rules and Regulations relating to Municipal Utilities that requires all properties connected to the municipal water utility to permit the city's designated utility employee onto the property and within the structure for purposes of the inspection, repair or replacement of the water meter. This action, in essence, implemented the Water Meter Replacement/Repair (R/R) Program to ensure accurate water use measurement and payment. Part of the amendment, and accordingly the Water Meter R/R Program, incorporated a fee schedule that provided for a surcharge to be placed against utility billing accounts for those properties that either didn't schedule an inspection or did not bring the identified deficiency into compliance within the prescribed time frame. The Surcharge Fee is $150 per month for Single Family properties and $500 per month for all others. In anticipation of appeals, the Council directed the Public Works Committee to review any appeals and provide their recommendations back to the Council under the Consent Agenda. Staff has recently heard from the following property owners who want to appeal a related surcharge. The following surcharge appeals are being presented to the Public Works Committee for the purpose of the corresponding recommendation for future Council action. The properties have been found to be in compliance with City Code regarding the Water Meter R/R Program. As a result of the individual reviews, the related surcharge appeals should be recommended to be supported (waive surcharge) or denied. o Tom and Cindy Hoffman, 4108 Prairie Ridge Road: Water Meter Program – Remove $150 surcharge (utility account) o Lynn Langevin, 930 Wild Rose Court: Water Meter Program – Remove $150 surcharge (utility account) o Cordt Jamison, 4457 Woodgate Point: Water Meter Program – Remove $150 surcharge (utility account) o Ellen Harrison, 1669 Hickory Hill Drive: Water Meter Program – Remove $150 surcharge (utility account) o Denise Calkins, 4444 Woodgate Court: Water Meter Program – Remove $150 surcharge (utility account) Attachments: (0) Agenda Memo June 18, 2019 Public Works Committee Meeting III.New Statute on Speed Limits Direction To Be Considered: Receive update on recent speed limit legislation and provide staff direction on establishing a local speed limit policy. Background: The current statutory authority for establishing speed limits lies with the MN Department of Transportation (MNDOT). The current statutory speed limit for local residential streets throughout the State is 30 miles per hour (MPH). The vast majority of Eagan’s local residential streets have been posted at 30 MPH for decades. Eagan has not experienced negative safety or traffic enforcement issues with the 30 MPH limit. In the 2019 Legislative Session, City of Minneapolis and St. Paul officials lobbied Minnesota legislators for their control of setting speed limits on local residential streets for cities of first class (Minneapolis, St. Paul, Rochester and Duluth). In the 2019 session, bills from Representative Elkins and Senator Dibble were introduced and heard, allowing not only cities of first class, but all cities in Minnesota, the authority to set speed limits on local residential streets. Testimony was heard in Transportation Committee Hearings from City Engineers of MN representatives and MnDOT against the bills (or delaying this legislation to allow more study), due to concerns regarding possible inconsistency of application between cities and driver expectations. The bills passed the House and Senate Committees, were passed by both legislative bodies and signed by Governor Walz. On August 1, 2019, the following statute revisions will take effect: o Cities authorized to set certain speed limits. Article 3, sections 34 and 35 amend Minn. Stat. §169.14, subd. 5 and add a new subdivision to Minn. Stat. §169.14. The provisions authorize a city to establish speed limits for city streets under the city’s jurisdiction without conducting an engineering and traffic investigation. The subdivision does not apply to township roads, county highways or trunk highways in the city. A city that establishes speed limits using this authority must implement speed limit changes in a consistent and understandable manner. The city must erect appropriate signs to display the speed limit. A city that uses the authority under this provision must develop procedures to set speed limits based on the city’s safety, engineering and traffic analysis. At a minimum, the safety, engineering and traffic analysis must consider national urban speed limit guidance and studies, local traffic crashes and methods to effectively communicate the change to the public. o Residential roadway definition modified. Article 3, section 32 amends Minn. Stat. §169.011, subd. 64. It expands the definition of “residential roadway” to include “an area zoned exclusively for housing that is not a collector or arterial street.” This has the effect of allowing cities and towns to adopt a 25 mph speed limit on residential roadways without a traffic engineering study and MnDOT approval. The League of Minnesota Cities (LMC) is working with State traffic engineering professionals and the law enforcement community to provide guidance in applying the new statutory authority, anticipated for completion in the next few months. Public Works and Police staff will be available to discuss this new legislation and the potential impacts. Potential options for the Public Works Committee to consider to address this new local authority include the following: o Leave the 30 MPH speed limits as currently posted o Replace all 30 MPH speed limits as 25 MPH o Perform an engineering study on each street segment, on an as-requested basis o Delay any action until LMC guidance is received Attachments: (0) Agenda Memo June 18, 2019 Public Works Committee Meeting IV.Lower Minnesota River Watershed District Proposed Rule Changes Direction To Be Considered: Receive update on proposed rules adoption by the Lower Minnesota River Watershed District and provide staff direction on a response to the district. Background: The Lower Minnesota River Watershed District (LMRWD) is in the process of adopting Rules to implement a new plan and anticipates submitting the draft plan to the Board of Water and Soils Resources (BWSR) in June. No outreach has been made by the LMRWD in the drafting of the new plan. City staff was only contacted about the draft rules on May 30, 2019 and were requested to provide comments within one week. The anticipated official comment period on the Rules is open for comments to BWSR for about 45 days (end of July/early August). The LMRWD anticipates addressing all comments received by September 2019 and will hold a public hearing on the draft rules, as revised, in October. In November, LMRWD would notify cities and agencies of the rules and have local plan expectations (a general permit application to LMRWD would be required of each city by February 2020). The LMRWD’s attorney has explained that the reason the LMRWD is undertaking the rulemaking process is to give LMRWD the authority to obtain municipal compliance with their new plan, provide a mechanism to verify that local ordinances comply with the standards of the plan and provide for a compliance audit. The LMRWD would require cities to adopt zoning/land use ordinance standards to implement the LMRWD plan. Typically, a city will adopt their own plan and then reference the LMRWD plan in an ordinance. The LMRWD’s attorney has explained that this will not be acceptable. All of the requirements of the LMRWD would need to be implemented through the adoption of new ordinance language by the City. Any conflicts between the LMRWD standards and other agency standards, such as the MPCA MS4 (storm water) Permit, would be addressed by the City implementing the more restrictive standard. MS4 permits are not part of the LMRWD process, so the City would need to address the MPCA standards and also meet the LMRWD plan. The same would apply for DNR, MnDOT and other agency permits/regulations. The proposed process and rulemaking implementation is anticipated to be very onerous –Rules have the same effect as state statutes. The LMRWD expectations seem to be for Cities to adopt their plan as part of the local zoning ordinance, which appears to not be in the City’s best interest. Once Rules are adopted, there will be little flexibility for local units of government to develop alternative ways to meet the intent of the LMRWD plan – the City would have to adopt zoning ordinance/land use ordinances to implement the standards per the adopted Rules. Public Works and Community Development staff are meeting with the other local agencies within the LMRWD boundary to discuss possible options and responses on June 17. Public Works staff will be available to discuss this proposed rulemaking and the potential impacts. Attachments: (1) IV.-1 Draft Rules i | Page Lower Minnesota River Watershed District Draft Rules 1 2 3 4 Lower Minnesota River Watershed District 5 6 Draft Rules 7 April 2019 8 9 Lower Minnesota River Watershed District ii | Page Draft Rules 1 Rule A: Administrative and Procedural Requirements ........................................................................ 1-1 1 1.1 Municipal (LGU) General Permit ............................................................................................................ 1-1 2 1.2 Individual Permit .................................................................................................................................... 1-3 3 1.3 Permit and Inspection Fees .................................................................................................................... 1-7 4 1.4 Financial Assurances ............................................................................................................................... 1-8 5 1.5 Enforcement ........................................................................................................................................... 1-9 6 1.6 Coordination Rules ............................................................................................................................... 1-10 7 2 Rule B: Erosion and Sediment Control Rule ........................................................................................ 2-1 8 2.1 Policy ....................................................................................................................................................... 2-1 9 2.2 Regulation ............................................................................................................................................... 2-1 10 2.3 Exceptions ............................................................................................................................................... 2-1 11 2.4 Criteria .................................................................................................................................................... 2-1 12 2.5 Required Information and Exhibits ......................................................................................................... 2-4 13 3 Rule C: Floodplain and Drainage Alteration Rule ................................................................................ 3-1 14 3.1 Policy ....................................................................................................................................................... 3-1 15 3.2 Regulation ............................................................................................................................................... 3-1 16 3.3 Exceptions ............................................................................................................................................... 3-1 17 3.4 Criteria .................................................................................................................................................... 3-1 18 3.5 Required Information and Exhibits ......................................................................................................... 3-2 19 4 Rule D: Stormwater Management Rule .............................................................................................. 4-1 20 4.1 Policy ....................................................................................................................................................... 4-1 21 4.2 Regulation ............................................................................................................................................... 4-1 22 4.3 Exceptions ............................................................................................................................................... 4-1 23 4.4 Criteria .................................................................................................................................................... 4-2 24 4.5 Required Information and Exhibits ......................................................................................................... 4-5 25 5 Rule E: Shoreline and Streambank Alternation Rule ........................................................................... 5-1 26 5.1 Policy ....................................................................................................................................................... 5-1 27 5.2 Regulation ............................................................................................................................................... 5-1 28 5.3 Criteria .................................................................................................................................................... 5-1 29 5.4 Required Information and Exhibits ......................................................................................................... 5-2 30 6 Rule F: Steep Slopes Rule ................................................................................................................... 6-1 31 6.1 Policy ....................................................................................................................................................... 6-1 32 6.2 Regulation ............................................................................................................................................... 6-1 33 6.3 Exceptions ............................................................................................................................................... 6-1 34 Lower Minnesota River Watershed District iii | Page Draft Rules 6.4 Criteria .................................................................................................................................................... 6-2 1 6.5 Required Information and Exhibits ......................................................................................................... 6-2 2 7 Rule G: Water Appropriations Rule .................................................................................................... 7-1 3 7.1 Policy ....................................................................................................................................................... 7-1 4 7.2 Regulation ............................................................................................................................................... 7-1 5 7.3 Criteria .................................................................................................................................................... 7-1 6 7.4 Required Information and Exhibits ......................................................................................................... 7-1 7 8 Rule H: Water Crossing Rule ............................................................................................................... 8-1 8 8.1 Policy ....................................................................................................................................................... 8-1 9 8.2 Regulation ............................................................................................................................................... 8-1 10 8.3 Exceptions ............................................................................................................................................... 8-1 11 8.4 Criteria .................................................................................................................................................... 8-1 12 8.5 Required Information and Exhibits ......................................................................................................... 8-2 13 14 Table of Figures 15 Figure 1 Lower Minnesota River Watershed District—High Value Resources Area Overlay District Map 16 Figure 2 Lower Minnesota River Watershed District—Steep Slopes Overlay District Map 17 18 19 20 Lower Minnesota River Watershed District iv | Page Draft Rules Definitions 1 Regarding these Rules, unless the context otherwise requires, the following terms are defined below. 2 References in these Rules to specific sections of the Minnesota Statutes or Minnesota Rules include 3 amendments, revisions, or recodifications of such sections. The words “shall” and “must” indicate a 4 mandatory rule, and the word “may” indicates a permissive rule. The following definitions and 5 acronyms apply to the District rules and accompanying guidance materials. 6 Abstractions: Removal of stormwater from runoff by such methods as infiltration; evaporation; 7 transpiration by vegetation; and capture and reuse, such as capturing runoff for use as irrigation water. 8 Agricultural Activity: The use of land for the growing and/or production of agronomic, horticultural, or 9 silvicultural crops, including nursery stock, sod, fruits, vegetables, flowers, cover crops, grains, 10 Christmas trees, and grazing. 11 Alteration or Alter: When used in connection with public waters or wetlands, is any activity that will 12 change or diminish the supply, course, current, or cross section of public waters or wetlands. 13 Atlas 14: Precipitation frequency estimates released by the National Oceanic and Atmospheric 14 Administration’s National Weather Service Hydrometeorological Design Studies Center. The 15 information supersedes precipitation frequency estimates in Technical Paper No. 40 (1961), National 16 Weather Service HYDRO-35 (1977), and Technical Paper No. 49 (1964). 17 Base Flood Elevation: The computed elevation to which floodwater is anticipated to rise during the 18 base flood. Base flood elevations are shown on flood insurance rate maps (FIRMs) and on the flood 19 profiles. 20 Best Management Practices, or BMPs: Structural or nonstructural methods used to treat runoff, 21 including such diverse measures as ponding, street sweeping, filtration through a rain garden, and 22 infiltration to a gravel trench. 23 Bioengineering: Various shoreline and stream bank stabilization techniques using aquatic vegetation 24 and native upland plants along with techniques such as willow wattling, brush layering, and willow 25 posts. 26 Buffer Zone: An area consisting of perennial vegetation, excluding invasive plants and noxious weeds, 27 adjacent to a waterbody that protects water resources from runoff pollution; stabilizes soils, shores, and 28 banks; and protects or provides riparian corridors. 29 Compensatory Storage: Excavated volume of material below the floodplain elevation required to offset 30 floodplain fill. 31 Construction Activity: Disturbance to the land that results in a change in the topography, existing soil 32 cover (both vegetative and nonvegetative), or existing soil topography that may result in accelerated 33 stormwater runoff, leading to soil erosion and the movement of sediment into surface waters or drainage 34 systems. 35 Development: The construction of any public or private improvement project, infrastructure, structure, 36 street, or road or the subdivision of land. 37 Dewatering: The removal of water for construction activity. 38 Lower Minnesota River Watershed District v | Page Draft Rules Drain or Drainage: Any method for removing or diverting water from waterbodies, including 1 excavation of an open ditch and installation of subsurface drainage tile, filling, diking, or pumping. 2 Easement: The right to use another owner’s land for a specified use, which may be granted for the 3 purpose of constructing and maintaining walkways, roadways, subsurface sewage treatment systems, 4 utilities, drainage, driveways, and other uses. 5 Erosion: The wearing away of the ground surface as a result of wind, flowing water, ice movement, or 6 land-disturbing activities. 7 Erosion and Sediment Control Plan: A plan of BMPs or equivalent measures designed to control 8 runoff and erosion and to retain or control sediment on land during the period of land-disturbing 9 activities in accordance with the applicable Rule. 10 Excavation: The intentional removal of soil or other earth material. 11 Existing Conditions: Site conditions at the time of application consideration by the LGU or District 12 before any of the work has commenced, except that, when impervious surfaces have been fully or 13 partially removed from a previously developed parcel but no intervening use has been legally or 14 practically established, “existing conditions” denotes the parcel’s previously established developed use 15 and condition. 16 FEMA: Federal Emergency Management Agency. 17 Fens: Rare and distinctive wetlands characterized by a substrate of nonacidic peat and dependent on a 18 constant supply of cold, oxygen-poor groundwater rich in calcium and magnesium bicarbonates. 19 Fill: Any rock, soil, gravel, sand, debris, plant cuttings, or other material placed onto land or into water. 20 Floodplain: The area adjacent to a waterbody that is inundated during a 100-year flood. 21 Floodway: The channel of the river or stream and the adjacent land that must remain free from 22 obstruction so that the 100-year flood can be conveyed downstream. 23 Fully Reconstructed: The reconstruction of an existing impervious surface that involves site grading 24 and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities are 25 not considered fully reconstructed. 26 Groundwater Recharge: The replenishment of groundwater storage through infiltration of surface 27 runoff into subsurface aquifers. 28 High Value Resources Area, or HVRA: Portion of land (or a watershed) that contributes runoff to a 29 trout water and/or fen within the Lower Minnesota River Watershed District. 30 H: V: horizontal: vertical. 31 Impervious Surface: A constructed hard surface that either prevents or retards the entry of water into 32 the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than 33 before development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage 34 areas, concrete, asphalt, and gravel roads or other areas of compacted gravel. 35 Infiltration: A passage of water into the ground through the soils. 36 Lower Minnesota River Watershed District vi | Page Draft Rules Infrastructure: The system of public works for a county, state, or municipality, including but not 1 limited to structures, roads, bridges, culverts, and sidewalks; stormwater management facilities, 2 conveyance systems, and pipes; pump stations, sanitary sewers, and interceptors; hydraulic structures, 3 permanent erosion control, and stream bank protection measures; water lines, gas lines, electrical lines, 4 and associated facilities; and phone lines and supporting facilities. 5 Land-Disturbing Activity: Any change of the land surface to include removing vegetative cover, 6 excavating, fill, grading, stockpiling soil, and constructing any structure that may cause or contribute to 7 eroding or moving sediment into water bodies. Land use for new and continuing agricultural activities 8 shall not constitute a land-disturbing activity under these Rules. 9 Landlocked Basin: A localized depression that does not have a natural outlet at or below the 100-year 10 flood elevation. 11 Linear Project: Construction or reconstruction of a public road, sidewalk, or trail or construction, 12 repair, or reconstruction of a utility or utilities that is not a component of a larger contemporaneous 13 development or redevelopment project. 14 Local Government Unit (LGU): Entity such as a city or county. 15 Local Water Plan (LWP): A plan adopted by each municipality pursuant to Minnesota Statutes 16 103B.235. 17 MNDOT: Minnesota Department of Transportation. 18 MPCA: Minnesota Pollution Control Agency. 19 MPCA General Construction Permit: General Permit Authorization to Discharge Storm Water 20 Associated with Construction Activity under the National Pollutant Discharge Elimination System/State 21 Disposal System Permit Program, Permit MN R100001 (NPDES General Construction Permit), issued 22 by the Minnesota Pollution Control Agency, August 1, 2018, and as amended. 23 Municipality: Any city or township wholly or partly within the Lower Minnesota River Watershed 24 District. 25 Natural Vegetation: Any combination of ground cover, understory, and tree canopy that, although 26 human activity may have altered it, continues to stabilize soils, retain and filter runoff, provide habitat, 27 and recharge groundwater. 28 NAVD: North American Vertical Datum. 29 Nested: A hypothetical precipitation distribution whereby the precipitation depths for various durations 30 within a storm have the same exceedance probabilities. This distribution maximizes the rainfall 31 intensities by incorporating selected short-duration intensities within those needed for longer durations 32 at the same probability level. As a result, the various storm durations are “nested” within a single 33 hypothetical distribution. Nested-storm distribution (or frequency-based hyetograph) development must 34 be completed using the most recent applicable National Weather Service reference data (e.g., Atlas 14), 35 in accordance with 36 Lower Minnesota River Watershed District vii | Page Draft Rules a. the alternating block methodology, as outlined in Chapter 4 of the HEC-HMS (Hydrologic 1 Engineering Center-Hydrologic Modeling System) Technical Reference Manual (USACE, 2 2000); 3 b. methods in HydroCAD; 4 c. methods established by the Natural Resources Conservation Service; or 5 d. otherwise as approved by the District. 6 Reference: US Army Corps of Engineers. 2000. Hydrologic Modeling System: HEC-HMS Technical 7 Reference Manual. 8 Nondegradation: For purposes of these rules, nondegradation refers to the regulatory policy stated in 9 Minnesota Administrative Rules 7050.0185, and as amended. 10 NOT: Notice of Termination. 11 NPDES: National Pollutant Discharge Elimination System. 12 Ordinary High Water Level (OHWL): Ordinary high water level, as defined by the Minnesota 13 Department of Natural Resources, means the boundary of water basins, watercourses, public waters, and 14 public waters wetlands, and 15 a. the OHWL is an elevation delineating the highest water level maintained for a sufficient period 16 of time to leave evidence upon the landscape, commonly the point where the natural vegetation 17 changes from predominantly aquatic to predominantly terrestrial; 18 b. for watercourses, the OHWL is the elevation of the top of the channel bank; and 19 c. for reservoirs and flowages, the OHWL is the operating elevation of the normal summer pool. 20 Overlay District: A district established by Lower Minnesota River Watershed District rules/regulations 21 that may be more or less restrictive than the primary District’s rules/regulations. Where a property is 22 located within an overlay district, it is subject to the provisions of both the primary rules/regulations and 23 those of the overlay district. 24 Owner: Any individual, firm, association, partnership, corporation, trust, or other legal entity having 25 proprietary interest in the land. 26 Person: Any individual, trustee, partnership, unincorporated association, limited liability company, or 27 corporation. 28 Practical Difficulties: As defined in Minnesota Statutes section 462.357, subdivision 6. 29 Public Drainage System: Any drainage system as defined in Minnesota Statutes 103E.005, subdivision 30 12. 31 Public Project: Land development or redevelopment or other land-disturbing activity for which a 32 District permit is required that is conducted or sponsored by a federal, state, or local governmental 33 entity. 34 Public Waters: Waters as defined in Minnesota Statutes 103G.005, subdivision 15, and included in the 35 public waters inventory. 36 Lower Minnesota River Watershed District viii | Page Draft Rules Qualified Professional: A person, compensated for her/his service, possessing the education, training, 1 experience, or credential to competently perform or deliver the service provided. 2 Redevelopment: Any construction or improvement performed on sites where the existing land use is 3 commercial, industrial, institutional, or residential. 4 Runoff: Rainfall, snowmelt, or irrigation water flowing over the ground surface. 5 Sediment: The solid mineral or organic material that is in suspension, is being transported, or has been 6 moved from its original location by erosion and deposited at another location. 7 Sedimentation: The process or action of depositing sediment. 8 Shoreland District: Shoreland areas regulated by a local municipal or county shoreland ordinance or by 9 Minnesota Statutes 103F. Generally, a shoreland district consists of land located within a floodplain, 10 within 1,000 feet of the ordinary high-water level of a public water or public waters wetland, or within 11 300 feet of a stream or river. 12 Shoreline: The lateral measurement along the contour of the ordinary high water level of waterbodies 13 other than watercourses, the top of the bank of the channel of watercourses, and the area waterward 14 thereof. 15 Site: A contiguous area of land under common ownership, designated and described in official public 16 records and separated from other lands. 17 Standard: A preferred or desired level of quantity, quality, or value. 18 Steep Slope: A natural topographic feature having average slopes of 18 percent or greater measured 19 over a horizontal distance of 25 feet or more. 20 Steep Slopes Overlay District: A district containing steep slope areas established by Lower Minnesota 21 River Watershed District rules/regulations that is subject to the provisions of both the primary rules/ 22 regulations and those of the overlay district. 23 Stormwater: Water discharged to natural and artificial conveyance or holding systems resulting from 24 precipitation, including rainfall and snowmelt. 25 Structure: Anything manufactured, constructed, or erected that is normally attached to or positioned on 26 land, including portable structures, earthen structures, water and storage systems, drainage facilities, and 27 parking lots. 28 Subsurface Sewage Treatment System, or SSTS: A sewage treatment system or part thereof serving a 29 dwelling, other establishment, or group thereof and using sewage tanks followed by soil treatment and 30 disposal or using advanced treatment devices that discharge below final grade. A subsurface sewage 31 treatment system includes holding tanks and privies. 32 Subwatershed: A portion of land (or a watershed) contributing runoff to a particular point of discharge. 33 Surface Water: All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage 34 systems, waterways, watercourses, and irrigation systems regardless of whether natural or artificial, 35 public or private. 36 Thalweg: A line following the lowest points of a valley, river, stream, or creek bed. 37 Lower Minnesota River Watershed District ix | Page Draft Rules TP: Total phosphorus. 1 Trout Waters: Lakes or streams that support a population of stocked or naturally produced trout. 2 TSS: Total suspended solids. 3 Waterbody: All surface waters, watercourses, and wetlands as defined in these Policies. 4 Watershed: A region draining to a specific watercourse or water basin. 5 Wellhead Protection Plan: A document that provides for the protection of a public water supply, 6 submitted to the Minnesota Department of Health, that is implemented by the public water supplier and 7 complies with (a) the wellhead protection elements specified in the 1986 amendments to the Federal 8 Safe Drinking Water Act, United States Code, title 42, chapter 6A, subchapter XII, part C, section 300h-9 7 (1986 and as subsequently amended) and (b) Minnesota Rules parts 4720.5200 to 4720.5290. 10 Wetland: Any land as defined in Minnesota Statutes 103G.005, subdivision 19. 11 12 1-1 | Page Lower Minnesota River Watershed District Draft Rules 1 Rule A: Administrative and Procedural Requirements 1 Pursuant to Minnesota Statutes chapter 103D, on October 24, 2018, the Lower Minnesota River 2 Watershed District (District) adopted its Board of Water and Soil Resources–approved watershed 3 management plan (Plan). The Plan incorporates management standards that form the foundation of these 4 rules. Implementation of these rules is required by municipalities or local government units (LGUs) on 5 all other projects within their jurisdiction and by the District on projects within unincorporated areas and 6 on Minnesota Department of Transportation (MnDOT) right-of-way, with the exception of the Shoreline 7 and Streambank Alteration, Water Appropriations and Water Crossing rules, which the Minnesota 8 Department of Natural Resources (DNR) will administer with input from the District. 9 1.1 Municipal (LGU) General Permit 10 1.1.1 Policy 11 It is the policy of the District to 12 a. recognize that control and determination of appropriate land use is the responsibility of LGUs; 13 b. hold LGUs to the requirement of Minnesota Statutes section 103G.235, subdivision 1, that each 14 adopt the official controls necessary to bring local water management into conformance with the 15 Plan; 16 c. present minimum threshold requirements and allow LGUs to adopt more restrictive 17 requirements; 18 d. recognize that the authorities and procedures that LGUs use in implementing these rules will not 19 be identical and that, therefore, some LGUs may occasionally need language and procedures that 20 vary from the language and procedures outlined herein; and 21 e. coordinate with and cover all LGUs with compliant local controls under a general District 22 permit. 23 1.1.2 Regulation 24 All LGUs must obtain a general District permit highlighting how they intend to implement and enforce 25 these rules through official controls, in accordance with Minnesota Statutes 103B.235, on or before May 26 1, 2020. 27 1.1.3 Application 28 An LGU must submit an application packet to the District to obtain a general District permit under these 29 rules on or before February 7, 2020. The submitted permit application must address how the LGU’s 30 official controls adhere to these rules. LGUs are encouraged to contact the District on or before January 31 1, 2020, to begin this process; this allows for nonbinding, informal review to conformity with the 32 District’s rules before the May 1, 2020, implementation deadline. 33 a. Permit application packets are due on or before February 7, 2020. The District has up to 60 34 business days to take action on a submitted permit application that is considered complete. 35 b. Application forms can be obtained from the District office or downloaded on the District website 36 at www.lowermnriverwd.org/. 37 Lower Minnesota River Watershed District 1-2 | Page Draft Rules c. Permit applications must be signed by the City Administrator, Water Resources Engineer, or 1 designated City staff upon authorizing action of the LGU’s governing board or council. 2 d. All permit application packets must include a completed application form and all required 3 exhibits. These documents must be electronically submitted to the District in .pdf format. 4 Compliance with these specifications will be used to determine whether an application is 5 complete. The District will not act on an incomplete permit application and will notify LGUs 6 within 15 business days of receiving the application if it is not complete. 7 1.1.4 Permit Renewal 8 Permit approval is valid for five calendar years from the permit approval date, with or without 9 conditions, unless otherwise specified. This does not include suspended or revoked permits. Substantive 10 changes, such as updates to official controls that affect the specific standards identified in the Plan, 11 require a new permit application. To renew or assign a permit, the original permittee must notify and 12 provide an explanation to the District, in writing, before the permit expiration date. 13 When approved by the District, the permittee may assign a permit to another LGU. Approval may be 14 granted if 15 a. the proposed assignee agrees in writing to assume responsibility for compliance of all terms and 16 conditions of the permit as issued; and 17 b. at the time of the request, there are no pending violations of the permit or conditions of approval. 18 If the District finds that the proposed assignee has not demonstrated the ability to fulfill the permit 19 terms, it may impose new or additional conditions or deny the permit renewal or assignment. The 20 assignment of a permit does not extend the permit term. 21 1.1.5 Audit Process 22 The District reserves the right to conduct periodic audits and/or inspections of LGU programs, project 23 approvals, permits, and other processes to assess conformance with the general permit, the standards 24 identified in the Plan, and these Rules. 25 1.1.6 Suspension or Revocation 26 The District may revoke or suspend an issued permit if the permit was issued based upon inaccurate 27 information provided by the permittee, the permittee has not demonstrated the ability to fulfill the permit 28 terms, or the permittee fails an audit. 29 1.1.7 Enforcement 30 LGUs are responsible for implementing and enforcing local water plans (LWPs) covering their 31 jurisdictions. To avoid unnecessary duplication of permitted programs, the District anticipates providing 32 oversight to confirm that LWPs, including these Rules and local controls, are properly implemented and 33 enforced. Oversight will include spot checks of municipal projects and program audits. If the LGU is 34 found noncompliant, the District will work with the LGU to correct the issue. However, if problems 35 persist, the District may revoke or suspend the general permit and require individual permits, issued by 36 the District, for all activities covered by these Rules. The District may also pursue remedies as provided 37 by law to ensure compliance with these Rules. 38 Lower Minnesota River Watershed District 1-3 | Page Draft Rules The District will not be responsible for liabilities, costs, and damages caused by the LGU’s lack of 1 proper implementation. 2 1.1.8 Variance 3 It is the District’s policy to allow LGUs to grant variances and issue conditional use permits according 4 to processes for such actions contained in existing local controls, except for the professional certification 5 requirement for steep slopes. The District shall be notified of requested variances and conditional use 6 permits and be allowed to provide comment on the requested action. Variances that would circumvent 7 the intent and purposes of these rules shall not be granted. 8 1.1.9 Permits Subject to Rule F: Steep Slope Rule 9 Upon showing, to the satisfaction of the District, that the LGU has enacted and is following official 10 controls necessary to meet the intent of these rules, the District may issue an exception to the rule for 11 projects with land-disturbing activities that require a municipal grading, building, parking lot, or 12 foundation permit that impact less than 50 cubic yards or less than 5,000 square feet of surface area or 13 vegetation. The exception, if issued, will be documented in a Memorandum of Agreement, wherein the 14 LGU must agree (1) that it will enforce its official controls; (2) that the exception will terminate if the 15 LGU amends its official controls such that they no longer meet the intent of these rules; and (3) that the 16 LGU will provide notice to the District of all permits issued under the exception. 17 1.2 Individual Permit 18 1.2.1 Policy 19 An individual permit is required for projects proposed by the MNDOT and all projects occurring in 20 unincorporated areas of the District (i.e., where there is no LGU exercising official controls). 21 Except where a municipal general permit has been issued and remains in effect (i.e., has not been 22 revoked or suspended), a person undertaking an activity for which these rules require a permit must 23 obtain the required permit from the District before commencing the regulated activity. 24 1.2.2 Application 25 An application must be submitted to the District to obtain a permit for all projects subject to these rules. 26 Applicants are strongly advised to contact the District early in the project development process. This 27 will allow for a nonbinding, informal review to assess conformity with District rules. 28 Permit applications are due 20 business days before the monthly board meeting to be considered at that 29 board meeting. The District will act on permit applications in a manner consistent with Minnesota 30 Statutes section 15.99. 31 a. Application forms can be obtained from the District office or downloaded on the District website 32 at www.lowermnriverwd.org/. 33 b. The project/property owner must sign all permit applications. 34 35 c. All permit application packets must include a completed application form, all required exhibits, 36 and a check (if applicable). These documents can be electronically submitted to the District in 37 Lower Minnesota River Watershed District 1-4 | Page Draft Rules .pdf format. Applicable fees should be mailed to the District office. See the District website for 1 the most current fee schedule. Compliance with these specifications will be used to determine 2 whether an application is complete. The District will not act on an incomplete permit application. 3 If the application is not complete, the District will notify applicants within 15 business days of 4 receiving it. 5 d. A public entity undertaking emergency activity immediately necessary to protect life or prevent 6 substantial physical harm to persons or property may submit an application within 30 days of 7 commencing the work. The emergency activity must be brought into compliance with District 8 rules in a timely manner. 9 1.2.3 Conditional Approval 10 The District may conditionally approve an application; however, it will not issue the permit until the 11 applicant has met all approval conditions. The applicant must demonstrate clear intent to comply with 12 these Rules and all conditional approval requirements that the District has outlined. All conditions must 13 be met 12 months from the date conditional approval was granted. After this timeframe, the conditional 14 approval will expire. 15 1.2.4 Reconsideration 16 An applicant aggrieved by the District’s decision regarding a permit application may file a notice of 17 reconsideration. 18 a. A notice of reconsideration must be filed with the District within 10 business days of the board 19 meeting at which the original decision was made. The notice must include a statement 20 identifying the specific conditions and findings to be reconsidered. 21 b. The District will schedule a reconsideration of the matter by the Board of Managers. The 22 applicant will receive a notice of the reconsideration date at least 20 business days in advance. 23 c. The applicant may supplement existing permit exhibits with additional documentation and 24 submit all additional exhibits to the District no later than 10 business days before the date of the 25 reconsideration. 26 d. In accordance with Minnesota Statutes section 103D.345, subdivision 2, an applicant will 27 assume the analytical costs incurred by the District while conducting a reconsideration. Costs 28 will not be recovered when the applicant is a local, state, or federal governmental body. 29 e. Once an applicant has filed a notice for reconsideration, the underlying permit decision will be 30 suspended until the Board of Managers issues a final decision on the reconsideration. 31 f. The District’s decision on the reconsideration constitutes the final decision on the application. 32 1.2.5 Appeal 33 Pursuant to Minnesota Statutes section 103D.537, an applicant may appeal a permit decision or order 34 made by the managers by a declaratory judgment action brought under Minnesota Statutes chapter 555. 35 An applicant must file an appeal of a permit decision or order within 30 days of the managers’ decision. 36 An applicant may request a meeting with the dispute resolution committee of the Board of Water and 37 Soil Resources to informally resolve a dispute before initiating a declaratory judgment action. 38 Lower Minnesota River Watershed District 1-5 | Page Draft Rules 1.2.6 Permit Assignment and Renewal 1 Permit approval is valid for one calendar year from the date the permit was approved, with or without 2 conditions, unless otherwise specified. This does not include permits suspended or revoked. To renew or 3 assign permit approval, the original permittee must notify and provide an explanation to the District in 4 writing before the permit expiration date. The District may impose different or additional conditions on 5 the permit renewal or deny the renewal if there is a significant change in the work proposed. The first 6 renewal request will not be subject to new or additional requirements solely because of a change in the 7 District’s rules where substantial progress has been made toward the completion of the permitted 8 project. Applicants wishing to continue projects for which permit approval has expired must reapply for 9 a permit and pay associated fees. All District rules in effect at the time of the reapplication will apply. 10 When approved by the District, the permittee may assign a permit to another party. Approval may be 11 granted if 12 a. the proposed assignee agrees in writing to assume responsibility for compliance with all terms 13 and conditions of the permit as issued; 14 b. at the time of the request, there are no pending violations of the permit or conditions of approval; 15 and 16 c. the proposed assignee has provided any required financial assurance necessary to complete the 17 permitted project. 18 If the District finds that the proposed assignee has not demonstrated the ability to fulfill the permit 19 terms, it may impose new or additional conditions or deny the permit assignment. The assignment of a 20 permit does not extend the term of the permit. 21 1.2.7 Suspension or Revocation 22 The District may revoke or suspend an issued permit under these rules if the permit was issued on the 23 basis of incorrect or erroneous information that the applicant supplied to the District, for failure to meet 24 permit conditions or correct violations of permit conditions, or for failure to meet the requirements of a 25 conditional approval. 26 1.2.8 Variance 27 The Board of Managers may consider a request for a variance from compliance with these rules. To 28 grant a variance, the applicant must demonstrate the following: 29 a. Practical Difficulties 30 “Practical difficulties” is a legal standard set forth in law that regulatory authorities must apply when 31 considering applications for variances. It is a three-factor test and applies to all requests for variances. 32 To constitute practical difficulties, all three factors of the test must be satisfied. 33 i. The applicant proposes to use the property in a reasonable manner. This factor means that 34 the applicant would like to use the property in a particular reasonable way but cannot do 35 so under the regulatory rule. It does not mean that the land cannot be put to any 36 reasonable use whatsoever without the variance. Activities causing environmental 37 degradation, creating increased risk of damage to property or public or private 38 Lower Minnesota River Watershed District 1-6 | Page Draft Rules infrastructure, or unable to be certified as suitable for site conditions may not be 1 considered reasonable. 2 ii. The applicant’s problem is caused by circumstances unique to the property and are not 3 caused by the applicant. The uniqueness generally relates to the physical characteristics 4 of the particular piece of property, that is, to the land and not to personal characteristics 5 or preferences of the landowner. 6 iii. The variance, if granted, will not alter the locality’s essential character. Under this factor, 7 consider whether the resulting structure or land modification will be out of scale, out of 8 place, or otherwise inconsistent with the surrounding area. 9 b. Additional Considerations 10 i. The activity for which the variance is sought will not adversely affect water resources, 11 flood levels, or drainage in the District. 12 ii. A better natural resource protection or enhancement can be achieved by the proposed 13 project if a variance is approved. 14 c. Term and Revocation 15 A variance granted by the District remains valid as long as the activity for which the variance was 16 granted remains consistent with the conditions of the underlying permit. A variance may be revoked 17 if the activity for which the variance was granted is abandoned. 18 1.2.9 After-the-Fact Permits 19 Any work requiring a permit that is performed without a permit is subject to enforcement and restoration 20 under Minnesota Statutes 103D. The District may grant an after-the-fact permit in certain situations. The 21 work sought to be permitted by an after-the-fact permit must have been capable of receiving a permit 22 before the work was performed or must be capable of correction to meet the intent or performance 23 standards of these Rules. Because an after-the-fact permit will require increased investigation of the 24 conditions of the unauthorized work, an increased inspection fee may be required before processing the 25 after-the-fact permit. After-the-fact inspection fees are found District website at 26 www.lowermnriverwd.org/. 27 If the work does not qualify for a permit, no after-the-fact permit shall be issued, and corrective actions 28 may be sought pursuant to Minnesota Statutes 103D.545 and 103D.551. Before considering an after-the-29 fact permit application, the District may require that the property be returned to the condition that 30 existed before the unpermitted work was performed. 31 a. Completed Work 32 If, after inspection, the unauthorized work is found to comply with these Rules or the performance 33 standards herein, the after-the-fact permit shall be issued to the applicant without further cost. If, 34 after inspection, the unauthorized work is found not to comply with these Rules or the performance 35 standards herein, further inspection and permit processing may be required, including additional 36 inspection fees. An after-the-fact permit may require correction work and be subject to additional 37 conditions. 38 Lower Minnesota River Watershed District 1-7 | Page Draft Rules b. Incomplete Work 1 For work in progress, work must cease and the work site must be stabilized until a permit is issued. 2 Standard administrative procedures shall apply to the application, except for increased inspection 3 fees as described above. For any portion of work completed that does not meet performance 4 standards herein, deficiencies must be corrected as a condition of permit issuance. 5 c. Emergency Work 6 An after-the-fact permit may be required after emergency work. If the work is deemed an emergency 7 and otherwise performed in compliance with these Rules or the performance standards herein, the 8 after-the-fact permit shall be issued to the applicant without cost. If the work is deemed an 9 emergency but is not otherwise performed in compliance with these Rules or the performance 10 standards herein, the after-the-fact permit shall be issued to the applicant without any increased cost, 11 rather than that required for a before-the-fact permit. If the work is not deemed an emergency, the 12 standard after-the-fact permit requirements will apply. In all cases, an after-the-fact permit may 13 include conditions to correct any damage caused by the emergency work. 14 1.2.10 Enforcement 15 The District may pursue remedies as provided by law to ensure compliance with an issued permit, 16 variance, or permit condition. 17 1.3 Permit and Inspection Fees 18 1.3.1 Policy 19 It is the determination of the Board of Managers that 20 a. charging a minimal permit application fee will increase public awareness of and compliance with 21 District permitting requirements and will reduce enforcement and inspection costs; 22 b. the public interest will benefit from inspection by District staff of certain large-scale projects in 23 locations presenting particular risk to water resources to provide the Board of Managers with 24 sufficient information to evaluate compliance with District rules and applicable law; and 25 c. from time to time, persons perform work requiring a permit from the District without a permit, 26 and persons perform work in violation of an issued District permit. The Board of Managers 27 determines that its costs of inspection and analysis in such cases will exceed costs incurred 28 where an applicant has complied with District requirements. 29 1.3.2 Requirement 30 The District will charge applicants permit and inspection fees in accordance with a schedule that will be 31 maintained and revised from time to time by resolution of the Board of Managers to ensure that permit 32 fees cover the District’s actual costs of administrating and enforcing permits and the actual costs related 33 to field inspections of permitted projects, such as investigation of the area affected by the proposed 34 activity, analysis of the proposed activity, services of a consultant, and any required subsequent 35 monitoring of the proposed activity. Costs of monitoring an activity authorized by permit may be 36 charged and collected as necessary after permit issuance. The fee schedule may be obtained from the 37 District office or the District’s website at http://lowermnriverwd.org/. A permit applicant must submit 38 Lower Minnesota River Watershed District 1-8 | Page Draft Rules the required permit fee to the District at the time it submits the relevant permit application. The fee 1 provided by this rule will not be charged to any agency of the United States or any governmental unit or 2 political subdivision of the State of Minnesota. 3 1.4 Financial Assurances 4 1.4.1 Policy 5 It is the District’s policy to protect and preserve the water resources within the District by requiring 6 financial performance assurances with a permit application. Such assurances will ensure adequate 7 adherence to District rules when performing authorized activities. 8 1.4.2 Requirement 9 The District may require a performance bond, letter of credit, or other financial assurance in a form 10 approved by the District for an activity permitted under these rules. A financial assurance will not be 11 required of any agency of the United States or any governmental unit of the State of Minnesota. 12 1.4.3 Criteria 13 Financial assurances required pursuant to this rule must be issued in compliance with the following 14 District criteria: 15 a. The financial assurance must be a performance bond, letter of credit, cash deposit, or other form 16 acceptable to the District. Commercial financial assurances must be from an issuer licensed and 17 doing business in the State of Minnesota. 18 b. Any bond issued under this section shall be executed by such sureties as are named in the list of 19 “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as 20 Acceptable Reinsuring Companies,” as published in Circular 570 (amended) by the Financial 21 Management Service, Surety Bond Branch, US Department of the Treasury. All bonds signed by 22 an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s 23 authority to bind the surety. The evidence of authority shall show that it is effective on the date 24 the agent or attorney-in-fact signed each bond. 25 c. Financial assurances must be issued in favor of the District and are contingent upon the 26 applicant’s compliance with the issued permit and payment of District fees. The financial 27 assurance must state that, in the event of financial assurance conditions not being met, the 28 District may make a claim against it. If the District makes a claim against a financial assurance, 29 the full amount of the financial assurance required must be restored within 20 business days. 30 d. The financial assurance must be effective for a minimum of three years from the date it was 31 issued. The District may require the financial assurance to remain in place until all project 32 components are stabilized and verified to be functioning to permitted specifications. The 33 financial assurance must contain a provision that it may not be released without the District’s 34 consent. 35 e. The permit applicant must submit the financial assurance. The financial assurance principal may 36 be the landowner or the individual or entity undertaking the proposed activity. 37 f. Financial assurance will be released only under the terms of section 1.4.4. 38 Lower Minnesota River Watershed District 1-9 | Page Draft Rules g. No interest will be paid on financial assurances held by the District. 1 h. The District Board of Managers will set the amount of financial assurances by resolution. 2 Financial assurance amounts are set to cover potential liabilities to the District, including but not 3 limited to the following: 4 i. Field inspections and monitoring 5 ii. Maintaining and implementing erosion and sediment control and other protections as the 6 permit requires 7 iii. Planting and establishing buffer area 8 iv. Remediation of damages resulting from noncompliance with the permit or for which the 9 permittee is otherwise responsible 10 1.4.4 Financial Assurance Release 11 Once the District has received written notification of project completion, it will promptly inspect the 12 project to determine whether the project was constructed in accordance with the issued permit and 13 District rules. If the project is found in compliance, all practices and project components are stabilized, 14 all practices and project components are verified to be functioning to permitted specifications, all 15 required documentation has been submitted and approved by the District, and all permit fees have been 16 paid, the District will release the financial assurance. 17 Further, upon written notice, a portion of the assurance may be released if the District finds that the 18 entire amount is not needed to ensure compliance. After inspection, the District will determine what 19 portion, if any, of the financial assurance can be released. If a portion of the financial assurance is not 20 released, the District will notify the permittee of the outstanding compliance matters to address. 21 1.4.5 Financial Assurances by Rule 22 Financial assurance required for a particular permit will include a 10 percent contingency and a 30 23 percent administrative-costs amount in addition to the amounts calculated according to the schedule 24 above. No financial assurance is required for a project undertaken by or for a resident owner on a single-25 family home site requiring only a permit under Erosion and Sediment Control, unless the Board of 26 Managers determines that the project presents a significant risk of damage to water resources from 27 erosion. See the fee schedule policy on the District’s website for additional information. 28 1.5 Enforcement 29 1.5.1 Investigation of Noncompliance 30 District staff, agents, and contractors may enter and inspect a property within the watershed to determine 31 if a violation of permit conditions or District rules has occurred. 32 1.5.2 Informal Resolution of Noncompliance 33 Before initiating formal proceedings (see below), the District and its staff shall attempt to informally 34 resolve incidences of noncompliance (i.e., by voluntary corrective actions or after-the-fact permitting). 35 1.5.3 Board Hearing; Administrative Compliance Order 36 Lower Minnesota River Watershed District 1-10 | Page Draft Rules The District will provide the permittee or landowner with reasonable notice when a compliance hearing 1 will take place. An opportunity to be heard by the Board of Managers will be allotted at the compliance 2 hearing, during which the permittee or landowner can address the finding of probable violation. At the 3 hearing’s conclusion, the District may issue a compliance order. 4 1.5.4 District Court Enforcement 5 The District Board of Managers may seek judicial enforcement of an order and recovery of associated 6 legal costs and fees, as provided by Minnesota Statutes chapter 103D. 7 1.5.5 Liability for Enforcement Costs 8 The permittee or owner of a property subject to the District’s enforcement action will be liable for 9 associated costs incurred by the District. Such costs include but are not limited to inspection and 10 monitoring, engineering, technical analysis, and legal and administrative expenses. 11 1.6 Coordination Rules 12 Rules herein pertaining to water appropriations, shoreline and streambank alterations, and water 13 crossings do not require District permits. Rather, these rules set conditions for the District’s coordination 14 with the DNR in its consideration of permits for such activities. 15 Lower Minnesota River Watershed District 2-1 | Page Draft Rules 2 Rule B: Erosion and Sediment Control Rule 1 2.1 Policy 2 It is the District’s policy to 3 a. minimize erosion and sediment transport to lakes, streams, fens, and the Minnesota River; 4 b. retain or control sediment on land and during land-disturbing activities; 5 c. prevent resource degradation and loss or damage to property from erosion and sedimentation; 6 d. protect receiving water bodies, wetlands, and storm sewer inlets; and 7 e. require the preparation and implementation of erosion and sediment control plans to control 8 runoff and erosion. 9 2.2 Regulation 10 An erosion and sediment control permit must be obtained for any land-disturbing work in overlay 11 districts or other areas within the watershed as defined below: 12 a. General: Land-disturbing activities of one (1) acre or more 13 b. HVRA: Land-disturbing activities that involve the displacement or removal of 5,000 square feet 14 or more of surface area or vegetation or the excavation of 50 cubic yards or more of earth within 15 the HVRA Overlay District, as shown on the Lower Minnesota River Watershed District—High 16 Value Resources Area Overlay District Map (Figure 1) 17 2.3 Exceptions 18 An erosion and sediment control permit is not required for the following land-disturbing activities: 19 a. Minor land-disturbing activities, such as home gardens contained within a residential lot, 20 landscape repairs, and maintenance work 21 b. Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles 22 c. Emergency activity necessary to protect life or prevent substantial harm to persons or property 23 d. All maintenance, repair, resurfacing, and reconditioning activities of existing road, bridge, and 24 highway systems that do not involve land-disturbing activities outside of the existing surfaced 25 roadway 26 e. Agricultural activity 27 2.4 Criteria 28 Permit approval for activities that meet the general threshold must demonstrate that the implementation 29 of their erosion and sediment control will meet the following criteria: 30 2.4.1 Erosion and sediment control plan that provides the following: 31 a. Protection of natural topography and soil conditions 32 Lower Minnesota River Watershed District 2-2 | Page Draft Rules b. Temporary erosion and sediment control practices consistent with the Minnesota Pollution 1 Control Agency’s “Protecting Water Quality in Urban Areas,” as amended or updated, and the 2 “Minnesota Stormwater Manual,” as amended or updated 3 c. Minimization of the disturbance’s intensity and duration 4 d. Additional stabilization measures on slopes of 3:1 (H:V) or steeper 5 e. Protection of all stormwater conveyance systems during construction activities 6 f. Final site stabilization measures 7 2.4.2 All waste generated by project activities will be properly managed and disposed of to avoid 8 adverse impacts on water quality. 9 2.4.3 Site Stabilization 10 a. Temporary erosion and sediment control BMPs must be in place before the start of construction 11 activities. 12 b. All soil surfaces that are compacted during construction and remain impervious upon 13 construction completion must be decompacted. Decompaction can be achieved through soil 14 amendment and/or ripping to a depth of 18 inches. All decompaction measures should be 15 completed before final stabilization. 16 c. All temporary erosion and sediment control BMPs must be maintained until construction is 17 completed and perennial vegetation is established to sufficiently stabilize the site as the District 18 determines. 19 d. When final stabilization is achieved, all temporary erosion and sediment control BMPs must be 20 removed from the project site. 21 e. All disturbed areas must be finally stabilized within 14 days of completing land-altering 22 activities. 23 2.4.4 Inspection and Maintenance 24 The permit holder is responsible for inspecting and maintaining the project site until final stabilization is 25 complete, including ensuring that all erosion and sediment control measures are effective. 26 a. Inspection 27 Routine inspections shall be conducted at least once every seven (7) days during active construction 28 and within 24 hours after a rainfall event greater than 0.5 inch in 24 hours by the owner or the 29 owner’s representative. Following a rainfall inspection, the next inspection shall be conducted within 30 seven (7) days. The inspection schedule will be modified for the following conditions: 31 i. Where parts of the construction site have permanent cover, but work remains on other 32 parts of the site, inspections shall be reduced to once per month. 33 ii. Where construction sites have permanent cover on all exposed soil areas and no 34 construction activity is occurring anywhere on the site, monthly inspections shall be 35 performed for 12 months (except during frozen ground conditions). After the 12th month 36 Lower Minnesota River Watershed District 2-3 | Page Draft Rules of permanent cover and no construction activity, inspections may cease until construction 1 activity resumes or sooner if notified by the District or the LGU. 2 iii. Where frozen ground conditions have resulted in suspension of work, the inspection and 3 maintenance schedule shall resume within 24 hours after runoff occurs at the site or upon 4 resuming construction, whichever comes first. 5 iv. Routine inspections shall include the following: 6 1. All areas disturbed by construction activity and areas used for storage of materials 7 exposed to precipitation 8 2. Discharge locations, inaccessible locations, and nearby downstream locations 9 where inspections are practicable 10 3. Locations where vehicles enter or exit the site for evidence of off-site sediment 11 tracking 12 v. Records for each inspection and maintenance activity shall be kept on file with the owner 13 and shall contain the following information: 14 1. Date and time of inspection 15 2. Name, title, and qualifications of person(s) conducting inspection 16 3. Date, duration, and amount of all rainfall events that produce more than 0.5 inch 17 of rain in a 24-hour period and whether any discharges occurred 18 4. Inspection findings, including corrective action recommendations and 19 implementation dates 20 5. Locations of the following: 21 a. Sediment discharges or other pollutants from the site 22 b. BMPs that need to be maintained 23 c. BMPs that have failed to operate as designed or have proven inadequate for 24 a particular location 25 d. Needed BMPs that did not exist at the time of inspection 26 6. Documented changes to the erosion and sediment control plan 27 7. Inspector’s signature 28 The owner shall keep an inspection log with the erosion and sediment control plan for a period of 29 three (3) years following the completion of the project and filing of the Notice of Termination 30 (NOT). 31 b. Maintenance 32 All maintenance conducted during construction must be recorded in writing, and these records must 33 be kept. All nonfunctional BMPs must be repaired, replaced, or supplemented with functional BMPs 34 within 24 hours after discovery or as soon as field conditions allow access, unless another period is 35 specified below. Maintenance will include the following: 36 Lower Minnesota River Watershed District 2-4 | Page Draft Rules i. Excess sediment behind silt fences and biorolls shall be removed and properly disposed 1 of when sediments reach one third the height of the structure. Such sedimentation shall be 2 corrected by the next business day following discovery. 3 ii. Construction site vehicle exit locations shall be inspected for evidence of off-site 4 sediment tracking onto paved surfaces. Tracked sediment will be removed from all paved 5 surfaces within 24 hours of discovery or, if applicable, within a shorter time. 6 iii. Surface waters, including drainage ditches and conveyance systems, shall be inspected 7 for evidence of erosion and sediment deposition. Evidence of erosion and/or sediment 8 deposition will be addressed within seven (7) calendar days. 9 iv. Infiltration areas shall be maintained to ensure that no compaction or sedimentation 10 occurs. 11 v. Construction entrances shall be maintained daily. 12 vi. Turf shall be maintained until final stabilization is established. 13 The maintenance of temporary erosion and sediment controls and implementation of additional 14 controls shall be performed as soon as possible and before the next storm event, whenever 15 practicable. All remaining temporary erosion and sediment controls and accumulated sediments from 16 silt fences will be removed within 30 days of achieving final stabilization at the site. 17 2.5 Required Information and Exhibits 18 The following exhibits must accompany the permit application (one hardcopy set of plans [11 inches by 19 17 inches] and one set as electronic files in a format acceptable to the District): 20 2.5.1 A narrative that includes the following: 21 a. The name, address, and telephone number(s) of all property owners 22 b. The name, address, and telephone number(s) for all contractors undertaking land-disturbing 23 activities as part of the proposed project 24 c. The property owner’s signature 25 d. A statement granting the District and its authorized representatives’ access to the site for 26 inspection purposes 27 e. Designation of an individual who will remain liable to the District for performance under this 28 Rule from the time the permitted activities commence until vegetative cover is established and 29 the District has certified satisfaction with erosion and sediment control requirements 30 2.5.2 An erosion and sediment control plan that includes the following: 31 a. Topographic maps of existing and proposed conditions that clearly indicate all hydrologic 32 features and areas where grading will expose soils to erosive conditions as well as the flow 33 direction of all runoff (single-family home construction or reconstruction projects may comply 34 with this provision by providing satellite imagery or an oblique map acceptable to the District) 35 b. Tabulation of the construction implementation schedule for all projects except construction or 36 reconstruction of a single-family home 37 Lower Minnesota River Watershed District 2-5 | Page Draft Rules c. Name, address, and phone number of the individual responsible for inspection and maintenance 1 of all erosion and sediment control measures 2 d. Temporary erosion and sediment control measures that will remain in place until vegetation is 3 established 4 e. All final erosion control measures and their locations 5 f. Staging areas, as applicable 6 g. Delineation of any floodplain and/or wetland area changes 7 h. Documentation of the project’s NPDES Construction Stormwater Permit status, if applicable 8 Lower Minnesota River Watershed District 3-1 | Page Draft Rules 3 Rule C: Floodplain and Drainage Alteration Rule 1 3.1 Policy 2 It is the District’s policy to 3 a. regulate alterations within the floodplain and drainageways within the watershed to provide flood 4 protection to natural resources, permanent structures, and private lands, in accordance with 5 Minnesota Statutes 103F; 6 b. preserve existing water storage capacity below the 100-year high-water elevation of all public 7 waters, wetlands subject to the Wetland Conservation Act, and public drainage systems subject 8 to Minnesota’s buffer law in the watershed to minimize the frequency and severity of high water; 9 and 10 c. minimize development below the FEMA base flood elevation that will unduly restrict flood 11 flows or aggravate known high water problems. 12 3.2 Regulation 13 A permit from the District is required for any alteration to or filling of land below the 100-year flood 14 elevation of any wetland, public water, or landlocked subwatershed (as identified by municipalities) 15 shall be subject to the following regulations and shall be completed in accordance with a state-approved 16 floodplain management and shoreland ordinance: 17 a. No filling is allowed within the 100-year floodplain that causes a rise in the 100-year flood 18 elevation without providing compensatory floodplain storage equal to or greater than the volume 19 of fill. A no-rise certification by a professional engineer satisfies this requirement. 20 b. No grading of filling is allowed within the 100-year floodplain that reduces the flood-carrying 21 capacity of the watercourse. 22 c. The lowest floor of the lowest enclosed area of proposed structures must be a minimum of two 23 (2) feet above the 100-year high-water level of nearby surface waters or one (1) foot above the 24 emergency overflow elevation, whichever is greater, unless they have protection through 25 floodproofing or by another approved construction technique. 26 d. No permanent structure, with the exception of drainage conveyance structures and monitoring 27 equipment, may be constructed in the floodway as it is shown on FEMA flood maps. 28 3.3 Exceptions 29 No floodplain and drainage alternation permit from the District is required if all of the following 30 conditions exist: 31 a. The 100-year flood elevation of a waterbody is entirely within a municipality. 32 b. The water basin is landlocked. 33 c. The municipality has adopted a floodplain ordinance regulating floodplain encroachment. 34 d. The proposed project is entirely within the water basin drainage area. 35 3.4 Criteria 36 Lower Minnesota River Watershed District 3-2 | Page Draft Rules All permitted projects under this rule shall be subject to the following regulations and shall be completed 1 in accordance with a state-approved floodplain management and shoreland ordinance: 2 a. Fill shall not cause a net decrease in storage capacity below the projected 100-year high water 3 elevation nor an increase in the 100-year elevation of a waterbody. 4 b. A professional engineer registered in the state of Minnesota shall calculate the allowable fill 5 area. Creation of floodplain storage capacity to offset fill shall occur before any fill is placed in 6 the floodplain, unless it has been demonstrated to the District and the municipality that doing so 7 is impractical and that placement of fill and creation of storage capacity can be achieved 8 concurrently. Any placement of fill before creation of floodplain storage capacity will be allowed 9 only by a registered professional engineer to ensure that such work will not aggravate high water 10 conditions. 11 c. Fill or grading shall not cause a decrease in the conveyance capacity of a waterbody below the 12 projected 100-year high water elevation. 13 d. A professional engineer registered in the state of Minnesota shall calculate the conveyance 14 capacity. The analysis must demonstrate no decrease in conveyance upstream and downstream of 15 the proposed fill or grading. 16 e. All new residential, commercial, industrial, and institutional structures shall be constructed such 17 that the lowest floor of the lowest enclosed area (including basement or crawl space) is at a 18 minimum of two (2) feet above the 100-year high water elevation. 19 f. No person shall install or remove a culvert or other artificial means to remove or drain surface 20 water, create artificial pond areas, or obstruct the natural flow of waters without demonstrating 21 that the activity has no adverse impact on upstream or downstream landowners or water quality, 22 habitat, or fisheries. 23 g. Temporary placement of fill within the floodway for staging or processing of river dredge or fill 24 material, including facilities for such activities, shall be allowed when it is conducted, in whole 25 or part, pursuant to a cooperative or local sponsorship agreement with the United States under 26 the Rivers and Harbors Act and it meets requirements of the LGU. 27 3.5 Required Information and Exhibits 28 The following exhibits must accompany the permit application (one hardcopy set of plans [11 inches by 29 17 inches] and one set as electronic files in a format acceptable to the District): 30 3.5.1 A site plan showing the following: 31 a. Property lines 32 b. Delineation of the work area 33 c. Existing elevation contours of the work area 34 d. OHWL or normal water elevation and 100-year flood elevations (all elevations must be reduced 35 to NAVD [1988 datum]) 36 3.5.2 Grading plan showing proposed elevation changes 37 Lower Minnesota River Watershed District 3-3 | Page Draft Rules 3.5.3 Preliminary plat of proposed land development 1 3.5.4 Determination by a licensed professional engineer or registered qualified hydrologist of the 100-2 year flood elevations for the parcel before and after the project 3 3.5.5 Computation by a professional engineer of cut, fill, and change in water storage capacity 4 resulting from proposed grading 5 3.5.6 Erosion control plan 6 3.5.7 Soil boring information, if requested by the District engineer 7 3.5.8 Documentation that drainage and flowage easements over all land and facilities below the 100-8 year flood elevation, if required by the municipality with jurisdiction, have been conveyed and 9 recorded. For public entities, this requirement may be satisfied by a written agreement executed 10 with the District in lieu of a recorded document. The agreement must state that, if the land within 11 the 100-year floodplain is conveyed, the public body will require the buyer to comply with this 12 subsection. 13 Lower Minnesota River Watershed District 4-1 | Page Draft Rules 4 Rule D: Stormwater Management Rule 1 4.1 Policy 2 It is the District’s policy to 3 a. manage new development, redevelopment, and drainage alternations by requiring each 4 development or land-disturbing activity to manage its stormwater effectively, either on- or off-5 site; 6 b. promote and encourage a reduction in runoff rates to encourage infiltration and to promote 7 groundwater recharge; 8 c. encourage infiltration and stormwater storage in the District’s upland areas; 9 d. maximize groundwater recharge as a means of maintaining drinking water supplies, preserving 10 base flows in streams and water levels in fens, and limiting discharges of stormwater to 11 downstream receiving waters; 12 e. protect and maintain existing groundwater flow, promote groundwater recharge, and improve 13 groundwater quality and aquifer protection; 14 f. require that property owners control the rate and volume of stormwater runoff originating from 15 their property so that surface water and groundwater quantity and quality is protected or 16 improved, soil erosion is minimized, and flooding potential is reduced; and 17 g. protect and improve natural resources within the watershed to prevent further degradation. 18 4.2 Regulation 19 A permit from the District that incorporates an approved stormwater management plan is required under 20 this rule prior to the commencement of any activities to which this rule applies. The District may review 21 a stormwater management plan at any point in the development of a regulated project and encourages 22 project proposers to seek the District’s early review of plans. 23 The requirements of this rule apply to any land-disturbing activity that will involve the following: 24 a. General: Development, redevelopment, and drainage alterations (including roads) creating new 25 impervious areas greater than one (1) acre 26 b. HVRA: Development, redevelopment, and drainage alternations (including roads) creating new 27 impervious areas greater than 10,000 square feet in an HVRA Overlay District, as shown on the 28 Lower Minnesota River Watershed District—High Value Resources Area Overlay District Map 29 (Figure 1) 30 4.3 Exceptions 31 The requirements of this rule do not apply to the following: 32 a. Construction or remodeling on a single-family homesite consistent with a subdivision, 33 development, or redevelopment plan implemented in accordance with a District permit issued 34 after February 1, 2015, and an approved erosion control prevention and sediment control plan 35 b. Rehabilitation of paved surfaces 36 Lower Minnesota River Watershed District 4-2 | Page Draft Rules c. Trails, sidewalks, and retaining walls that do not exceed 10 feet in width and are bordered down 1 gradient by a pervious area extending at least half the trail width 2 d. Land-disturbing activities that do not involve creation of new impervious surface, reconstruction 3 of existing impervious surface, or grading that materially alter stormwater flow at a site 4 boundary 5 4.4 Criteria 6 Permit approval for activities that meet the general threshold must demonstrate that the implementation 7 of their stormwater management plan will meet the following criteria: 8 4.4.1 Rate Control 9 Stormwater runoff rate from development, redevelopment, and drainage alterations shall not exceed the 10 existing runoff rates for the 1 or 2-year, 10-year, and 100-year 24-hour events using Atlas 14 nested 11 distribution. 12 4.4.2 Volume 13 a. General: For projects that create one (1) acre or more of new impervious surface on sites without 14 restrictions (such as factors that prevent attainment of the performance goal, like shallow depth 15 to bedrock, presence of contaminated soils, and lack of access because utilities are present 16 [Minnesota Stormwater Manual, 2019]), the post-construction stormwater runoff volume 17 retained on-site shall be equivalent to one (1) inch of runoff from impervious surfaces or the 18 MPCA’s Construction General Permit abstraction requirements (as amended), whichever is 19 greater. 20 b. HVRA: Projects that create new impervious areas greater than 10,000 square feet in an HVRA 21 Overlay District have the following volume requirements: 22 i. New development: For new, nonlinear developments that create 10,000 square feet or 23 more of new impervious surface on sites without restrictions, the post-construction 24 stormwater runoff volume retained on-site shall be equivalent to 1.0 inch of runoff from 25 impervious surfaces. 26 ii. Redevelopment: Nonlinear redevelopment projects on sites without restrictions that 27 create 10,000 square feet or more of new and/or fully reconstructed impervious surfaces 28 shall capture and retain on-site 1.1 inches of runoff from the new and/or fully 29 reconstructed impervious surfaces. 30 iii. Linear projects: Linear projects on sites without restrictions that create 10,000 square feet 31 or greater of new and/or fully reconstructed impervious surfaces shall capture and retain 32 the larger of the following: 33 1. 0.55 inch of runoff from the new and fully reconstructed impervious surfaces 34 2. 1.1 inches of runoff from the net increase in impervious area 35 To the maximum extent practicable, volume control shall be fully met on-site. Site conditions may make 36 infiltration undesirable or impossible. The owner must make soil corrections and/or investigate other 37 Lower Minnesota River Watershed District 4-3 | Page Draft Rules locations on the site for feasible infiltration locations. Infiltration of stormwater should avoid areas of 1 contaminated soil. 2 c. Infiltration practices are not allowed in the following areas: 3 i. Areas that receive discharges from vehicle fueling and maintenance facilities 4 ii. Areas with less than three (3) feet of separation distance from the bottom of the 5 infiltration system to the elevation of the seasonally saturated soils or the top of bedrock 6 iii. Areas that receive discharges from industrial facilities that are not authorized to infiltrate 7 industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the 8 MPCA 9 iv. Areas where infiltrating stormwater will mobilize high levels of contaminants in soil or 10 groundwater 11 v. Areas of predominately Hydrologic Soil Group D (clay) soils, unless allowed by an LGU 12 with a current NPDES/SDS Municipal Separate Storm Sewer Systems (MS4) permit 13 vi. Areas within 1,000 feet up gradient or 100 feet down gradient of active karst features, 14 unless allowed by an LGU with a current MS4 permit 15 vii. Areas within a Drinking Water Supply Management Area (DWSMA), as defined in 16 Minnesota Administrative Rules 4720.5100, subpart 13., unless allowed by an LGU with 17 a current MS4 permit 18 viii. Areas where soil infiltration rates are more than 8.3 inches per hour, unless soils are 19 amended to slow the infiltration rate below 8.3 inches per hour or as allowed by an LGU 20 with a current MS4 permit 21 If the permittee claims that infiltration is not feasible or allowed on-site, sufficient supporting 22 documentation must be provided with the permit application. Filtration technologies may be an 23 acceptable alternative for types C and D soils and other sites where infiltration is infeasible given the 24 criteria above. 25 4.4.3 Water Quality 26 a. General: Projects that create one (1) acre or more of new impervious surface shall have no net 27 increase from existing conditions in total phosphorus (TP) and total suspended solids (TSS) to 28 receiving waterbodies. 29 b. HVRA: Projects that create new impervious areas greater than 10,000 square feet in an HVRA 30 Overlay District have the following water quality requirements: 31 i. Total phosphorus and total suspended solids: All projects shall have a net decrease TP 32 and TSS to receiving waterbodies from existing conditions. For new development 33 projects, the decrease in TP and TSS shall be 60 percent and 80 percent, respectively, 34 from existing conditions. 35 ii. Buffer zone: An undisturbed buffer zone of 100 linear feet from trout waters shall be 36 maintained at all times, both during construction and as a permanent feature after 37 Lower Minnesota River Watershed District 4-4 | Page Draft Rules construction, except where a water crossing or other encroachment is necessary to 1 complete the project. 2 1. Exceptions: The replacement of existing impervious surfaces within the buffer zone is 3 allowed provided that the use of additional or redundant BMPs minimizes all potential 4 water quality, scenic, and other environmental impacts of the activity. Buffer 5 encroachments (circumstance and reason) and minimization activities must be 6 documented. 7 iii. Temperature controls: Permanent stormwater management facilities shall be designed to 8 minimize any increase in the temperature of trout waters receiving waters resulting from 9 the 1 and 2-year 24-hour precipitation events. This includes all tributaries of designated 10 trout streams within the Public Land Survey System (PLSS) section where a trout water 11 is located. Projects that discharge to trout waters must minimize the impact using one or 12 more of the following measures, in order of preference: 13 1. Minimize new impervious surfaces 14 2. Minimize the discharge from connected impervious surfaces by discharging to 15 vegetated areas or grass swales and using other nonstructural controls 16 3. Use infiltration or other volume reduction practices to reduce stormwater runoff in 17 excess of pre-project conditions (up to the 2-year, 24-hour precipitation event) 18 4. Design an appropriate combination of measures, such as shading, filtered bottom 19 withdrawal, vegetated swale discharges, or constructed wetland treatment cells, that 20 will limit temperature increases when incorporating ponding. Also, design the pond to 21 be drawn down in 24 hours or less. 22 5. Use other methods that will minimize any increase in trout water temperature 23 4.4.4 Maintenance and Easement 24 The permittee is responsible for developing and adhering to a maintenance plan for the permitted 25 project, including the acquisition of all necessary easements. 26 a. All stormwater management structures and facilities must be designed for maintenance access 27 and properly maintained in perpetuity so that they continue to function as designed. 28 b. A maintenance plan shall identify and protect the design, capacity, and functionality of on-site 29 and off-site stormwater management facilities; specify the methods; and schedule responsible 30 parties for maintenance for every stormwater management facility. 31 c. The maintenance agreement shall be recorded with the applicable county (Carver, Dakota, 32 Hennepin, Scott, or Ramsey) as part of the LGU or other development approval process. The 33 District may require that stormwater management structures and facilities be publicly dedicated 34 or placed in a conservation easement, giving rights of enforcement to an LGU, the District, or 35 other appropriate public authority. 36 d. A public entity assuming a maintenance obligation may submit a written executed agreement in 37 lieu of the recorded maintenance agreement. 38 Lower Minnesota River Watershed District 4-5 | Page Draft Rules 4.4.5 Alternative Measures 1 At sites where infiltration is infeasible, an applicant must comply with the NPDES General Construction 2 Permit, issued by the MPCA, August 1, 2018, as amended. 3 4.5 Required Information and Exhibits 4 The following exhibits must accompany the permit application (one hardcopy set of plans [11 inches by 5 17 inches] and one set as electronic files in a format acceptable to the District): 6 4.5.1 A narrative explaining the existing and proposed conditions 7 4.5.2 Stormwater management system modeling in a form acceptable to the District that utilizes the 8 most recent applicable precipitation reference data (e.g., Atlas 14), for example, HydroCAD, 9 SWMM, MIDS calculator, or P8 10 4.5.3 A site plan showing the following: 11 a. Property lines and delineation of lands under ownership of the applicant 12 b. Existing and proposed elevation contours 13 c. Identification of existing and proposed normal and ordinary high- and 100-year water elevations 14 on-site. 15 4.5.4 A stormwater management plan that includes, at a minimum, the following: 16 a. Proposed and existing stormwater facility locations, alignment, and elevation 17 b. Delineation of existing wetlands, marshes, shoreland, and/or floodplain areas on-site or to which 18 any portion of the project parcel drains; except where a project will not alter or change the 19 hydrology of a wetland, the plan need only identify the wetland. 20 c. Geotechnical analysis, including soil borings, at all proposed stormwater management facility 21 locations 22 d. If infiltration of runoff is proposed, data must be submitted showing the following: 23 i. No evidence of groundwater or redoximorphic soil conditions within three (3) feet of the 24 bottom of the facility, practice, or system 25 ii. Soil conditions within five (5) feet of the bottom of any stormwater treatment facility, 26 practice, or system 27 iii. If requested by the engineer, site-specific infiltration capacity of soils at the bottom of the 28 facility, practice, or system. In addition, the District engineer may require submission of a 29 phase I environmental site assessment and/or other documentation to facilitate analysis 30 by the District of the suitability of the site for infiltration. 31 e. Construction plans and specifications for all proposed stormwater management facilities, 32 including design details for outlet control structures 33 f. Stormwater runoff volume and rate analyses for the 2-, 10-, and 100-year 24-hour critical events, 34 existing and proposed conditions, using Atlas 14 nested distribution 35 Lower Minnesota River Watershed District 4-6 | Page Draft Rules g. All hydrologic, water quality, and hydraulic computations completed to design the proposed 1 stormwater management facilities 2 h. Narrative addressing incorporation of retention BMPs 3 i. Platting or easement documents showing sufficient drainage and ponding/flowage easements 4 over hydrologic features, such as floodplains, storm sewers, ponds, ditches, swales, wetlands, 5 and waterways, if required by the municipality with jurisdiction 6 j. Documentation of the project’s NPDES Construction Stormwater Permit status, if applicable 7 k. If a stormwater harvest and reuse practice is proposed to meet applicable requirements, the 8 following materials must be submitted: 9 i. An analysis using a stormwater reuse calculator or equivalent methodology approved by 10 the District engineer 11 ii. Documentation of the adequacy of soils, storage capacity, and delivery systems 12 iii. Delineation of green space area to be irrigated, if applicable 13 iv. A detailed irrigation or usage plan showing compliance with the District’s volume-14 retention requirements. 15 4.5.5 Documentation demonstrating that the applicant holds the legal rights necessary to discharge to 16 any off-site stormwater facility/facilities used for compliance and that the facility/facilities are 17 subject to a maintenance document satisfying the requirements of this rule 18 4.5.6 An erosion and sediment control plan complying with the District’s Erosion and Sediment 19 Control Rule 20 4.5.7 A maintenance plan and applicable maintenance agreements 21 Lower Minnesota River Watershed District 5-1 | Page Draft Rules 5 Rule E: Shoreline and Streambank Alternation Rule 1 5.1 Policy 2 It is the District’s policy to 3 a. manage stable, intact, and vegetated shorelines and stream banks that provide valuable functions 4 to the associated water resource, including erosion prevention, reinforcement of soils through 5 root structure, trapping of nutrients and sediments, and provision of fish and wildlife habitat; 6 b. promote the preservation and enhancement of the ecological integrity and natural appearance of 7 shorelines and stream banks with the intent of preventing erosion; 8 c. encourage practices such as bioengineering and preservation of natural vegetation when 9 alterations are necessary; and 10 d. preserve water quality and the ecological integrity of the riparian environment, including wildlife 11 and fisheries habitat and recreational water resources. 12 5.2 Regulation 13 A Minnesota Department of Natural Resources (DNR) permit must be obtained, in coordination with the 14 District, to make the following shoreline and stream bank alterations: 15 a. Improvement or alteration below the OHWL of a lake or wetland or the bankfull height of a 16 watercourse, including but not limited to bioengineered installations and placement of riprap, 17 retaining walls, sand blankets, and boat ramps 18 b. Maintenance of an existing riprap or hard-armored shoreline or stream bank that involves the 19 addition of new material or structural change 20 5.3 Criteria 21 All projects under this rule shall consider the following: 22 5.3.1 Use bioengineering techniques to the extent possible. The use of bioengineering is encouraged as 23 an alternative to traditional engineered stabilization techniques for cost advantage, aesthetic 24 superiority, and ecological integrity. If bioengineering cannot provide a stable shoreline, a 25 combination of riprap and bioengineering may be used to restore or maintain a shoreline. If a 26 combination of riprap and bioengineering cannot provide a stable shoreline within a reasonable 27 period, riprap may be used to restore or maintain shoreline. 28 a. Live plantings incorporated in shoreline bioengineering must be native aquatic vegetation 29 and/or native upland plants. 30 b. Riprap used in shoreline erosion protection must be sized appropriately in relation to the 31 erosion potential of the wave or current action of the particular water body, but in no case 32 shall the riprap rock average less than six (6) inches or more than 30 inches in diameter. 33 Riprap shall be durable, natural stone and of a gradation that will result in a stable 34 shoreline embankment. Stone, granular filter, and geotextile material shall conform to 35 standard MNDOT specifications, except that neither limestone nor dolomite shall be used 36 for shoreline or stream bank riprap but may be used at stormwater outfalls. All materials 37 Lower Minnesota River Watershed District 5-2 | Page Draft Rules used must be free from organic material, soil, clay, debris, trash, or any other material 1 that may cause siltation or pollution. 2 c. Riprap placement shall conform to the natural alignment of the shoreline/stream bank. 3 d. A transitional layer consisting of graded gravel, at least six (6) inches deep, and an 4 appropriate geotextile filter fabric shall be placed between the existing shoreline and any 5 riprap. The thickness of riprap layers should be at least 1.25 times the maximum stone 6 diameter. Toe boulders, if used, must be at least 50 percent buried. 7 e. Riprap must not cover emergent vegetation, unless authorized by a DNR permit. 8 f. Riprap shall extend no higher than the top of the bank or two (2) feet above the 100-year 9 high water elevation, whichever is lower. 10 5.3.2 Stabilize the shoreline with minimal horizontal encroachment and without interference of water 11 flow or navigation. No riprap or filter material shall be placed more than six (6) feet waterward 12 of the OHWL. Streambank riprap shall not reduce the cross-sectional area of the channel or 13 result in a stage increase of more than 0.01 foot at or upstream of the treatment. 14 5.3.3 Design of shoreline erosion protection must reflect the engineering properties of the underlying 15 soils and any soil corrections or reinforcements necessary. The design shall conform to 16 engineering principles for wave energy dispersion and resistance to deformation from ice 17 pressures and movement, considering prevailing winds, fetch, and other factors that induce wave 18 energy. 19 5.3.4 Use of riprap for merely cosmetic purposes is prohibited. 20 5.3.5 Use retaining walls only when there is no adequate stabilization alternative and in accordance 21 with Minnesota Administrative Rules 6115.0211. Retaining walls extending below the OHWL of 22 a water body are prohibited, except where 23 a. there is a demonstrable need for a retaining wall in a public improvement project, and 24 b. a registered engineer has certified the design of the retaining wall. 25 The District’s issuance of a permit for a project meeting this Rule does not preclude the project from 26 needing a DNR Public Waters Work Permit. 27 5.4 Required Information and Exhibits 28 The District requires the following exhibits (one hardcopy set of plans [11 inches by 17 inches] and one 29 set as electronic files in a format acceptable to the District): 30 5.4.1 The site plan, which includes the following: 31 a. Documentation, including photographs of existing erosion or the potential for erosion 32 b. A survey locating the existing OHWL contour, existing shoreline, floodplain elevation, 33 and location of property lines 34 c. Elevation contours of the upland within 15 feet of the OHWL and referenced to accepted 35 datum 36 Lower Minnesota River Watershed District 5-3 | Page Draft Rules d. Plan view of locations and lineal footage of the proposed riprap 1 The plan must show the location of an upland baseline parallel to the shoreline with stationing. The 2 baseline will be staked in the field by the applicant and maintained in place until project completion. 3 Baseline origin and terminus must each be referenced to three fixed features, with measurements shown 4 and described on the plan. Perpendicular offsets from the baseline to the OHWL must be measured and 5 distances shown on the plan at 20-foot stations. A registered professional engineer or landscape architect 6 will certify the plan. 7 5.4.2 A construction plan and specifications certified by a registered engineer or landscape architect, 8 showing the following: 9 a. A sequencing analysis in compliance with the rule 10 b. Materials to be used, including the size(s) of any riprap to be used 11 c. Cross section detailing the proposed riprap, if any, drawn to scale, with the horizontal and 12 vertical scales noted on the drawing. The detail should show the finished riprap slope, 13 transitional layer design and placement, distance waterward of the riprap placement, and 14 OHWL 15 d. Description of the underlying soil materials 16 e. Material specifications for stone, filter material, and geotextile fabric 17 For sites involving aquatic plantings, a separate Aquatic Plant Management Permit shall be obtained 18 from the DNR. This provision does not apply to slope protection projects using woody species, such as 19 willow and dogwood. 20 5.4.3 An erosion control and site restoration plan that includes the following: 21 a. Topographic maps of existing and proposed conditions that clearly indicate all hydrologic 22 features and areas where grading will expose soils to erosive conditions as well as the flow 23 direction of all runoff (single-family home construction or reconstruction projects may comply 24 with this provision by providing satellite imagery or an oblique map acceptable to the District) 25 b. Tabulation of the construction implementation schedule for all projects, except construction or 26 reconstruction of a single-family home 27 c. Name, address, and phone number of the individual responsible for inspection and maintenance 28 of all erosion and sediment control measures 29 d. Temporary erosion and sediment control measures that will remain in place until vegetation is 30 established 31 e. All final erosion control measures and their locations 32 f. Staging areas, as applicable 33 g. Documentation of the project’s NPDES Construction Stormwater Permit status, if applicable 34 Lower Minnesota River Watershed District 6-1 | Page Draft Rules 6 Rule F: Steep Slopes Rule 1 6.1 Policy 2 It is the District’s policy to 3 a. protect water quality down gradient of steep slopes from sediment, nutrients, bacteria, and other 4 contaminant pollutant loadings; 5 b. maintain stability of steep slopes, shorelines, and other areas prone to erosion; 6 c. sustain and enhance the biological and ecological functions of noninvasive vegetation on steep 7 slopes as outlined in the Lower Minnesota River Watershed District Vegetation Management 8 Plan; 9 d. minimize impacts to and preserve the natural character and topography of steep slopes; 10 e. protect properties and waterbodies adjacent to steep slopes from erosion, sedimentation, 11 flooding, and other damage; and 12 f. promote public safety by requiring certification from qualified individuals before land-disturbing 13 activities and other changes to land on steep slopes. 14 6.2 Regulation 15 A District permit must be obtained for the following activities: 16 a. Land-disturbing activities that involve the excavation of 50 cubic yards or more of earth or 17 displacement or removal of 5,000 square feet or more of surface area or vegetation within the 18 Steep Slopes Overlay District, as shown on the Lower Minnesota River Watershed District—19 Steep Slopes Overlay District Map (Figure 2) 20 b. Activities requiring municipal/LGU grading, building, parking lot, and foundations permits that 21 result in a net increase in impervious surface or stormwater runoff within the Steep Slopes 22 Overlay District, as illustrated on Figure 2 23 6.3 Exceptions 24 A steep slopes permit is not required for the following activities: 25 a. New impervious areas associated with driveway widenings that drain to the street where a 26 municipal storm sewer system manages runoff water 27 b. Maintenance, repair, or in-kind replacement of existing structures, public roads, utilities, and 28 drainage systems within the Steep Slopes Overlay District, so long as there is no net increase in 29 impervious surface. 30 c. Disturbances that are part of an approved LWP to repair, grade, or reslope existing steep slopes 31 that are eroding or unstable to establish stable slopes and vegetation 32 d. Native plantings that enhance natural vegetation of steep slopes 33 e. Selective removal of noxious, exotic, or invasive vegetation, using locally recognized methods to 34 control and/or minimize their spread 35 Lower Minnesota River Watershed District 6-2 | Page Draft Rules f. Pruning of trees or vegetation that are dead or diseased or pose a public hazard and removal of 1 vegetation in emergency situations from steep slopes 2 g. Maintenance of existing lawns, landscaping, and gardens 3 h. Agricultural and forestry activities 4 6.4 Criteria 5 All permitted projects under the Steep Slopes Rule must comply with the following regulations: 6 6.4.1 Land-disturbing activities as regulated in this section may occur within the Steep Slopes Overlay 7 District provided that a qualified professional/professional engineer registered in the state of 8 Minnesota certifies the area’s suitability for the proposed activities, structures, or uses resulting 9 from the activities and that the following requirements are addressed: 10 a. Minimum erosion and sediment control BMPs include site stabilization and slope restoration 11 measures to ensure the proposed activity will not result in 12 i. adverse impacts to adjacent and/or downstream properties or water bodies; 13 ii. unstable slope conditions; and 14 iii. degradation of water quality from erosion, sedimentation, flooding, and other damage. 15 b. Preservation of existing hydrology and drainage patterns. Land-disturbing activities may not 16 result in any new water discharge points on steep slopes or along the bluff. 17 6.4.2 Stormwater ponds, swales, infiltration basins, or other soil saturation–type features shall not be 18 constructed within a Steep Slopes Overlay District. 19 6.5 Required Information and Exhibits 20 The following exhibits must accompany the permit application (one hardcopy set of plans [11 inches by 21 17 inches] and one set as electronic files in a format acceptable to the District): 22 6.5.1 A narrative that includes the following: 23 a. The name, address, and telephone number(s) of all property owners 24 b. The name, address, and telephone number(s) for all contractors undertaking land-disturbing 25 activities as part of the proposed project 26 c. The signature of the property owner 27 d. A statement granting the District and its authorized representatives’ access to the site for 28 inspection purposes 29 e. Designation of an individual who will remain liable to the District for performance under this 30 rule from the time the permitted activities commence until vegetative cover is established and the 31 District has certified its satisfaction with erosion and sediment control requirements 32 f. An explanation of existing and proposed conditions 33 6.5.2 An erosion and sediment control plan including the following: 34 Lower Minnesota River Watershed District 6-3 | Page Draft Rules a. Topographic maps of existing and proposed conditions that clearly indicate all hydrologic 1 features and areas where grading will expose soils to erosive conditions as well as the flow 2 direction of all runoff (single-family home construction or reconstruction projects may comply 3 with this provision by providing satellite imagery or an oblique map acceptable to the District) 4 b. Tabulation of the construction implementation schedule for all projects, except construction or 5 reconstruction of a single-family home 6 c. Name, address, and phone number of the individual responsible for inspection and maintenance 7 of all erosion and sediment control measures 8 d. Temporary erosion and sediment control measures that will remain in place until vegetation is 9 established 10 e. All final erosion control measures and their locations 11 f. Staging areas, as applicable 12 g. Delineation of any floodplain and/or wetland area changes 13 h. Documentation of the project’s NPDES Construction Stormwater Permit status, if applicable 14 6.5.3 Stormwater management system modeling in a form acceptable to the District and that uses the 15 most recent applicable precipitation reference data (e.g., Atlas 14), for example, HydroCAD, 16 SWMM, MIDS calculator, or P8 17 6.5.4 A site plan showing the following: 18 a. Property lines and delineation of lands under ownership of the applicant 19 b. Existing and proposed elevation contours 20 c. Identification of existing and proposed normal and ordinary 100-year and high water elevations 21 on-site 22 6.5.5 A stormwater management plan, including, at a minimum: 23 a. Proposed and existing stormwater facilities location, alignment, and elevation 24 b. Delineation of existing wetlands, marshes, shoreland, and/or floodplain areas on-site or to which 25 any portion of the project parcel drains; except that where a project will not alter or change the 26 hydrology of a wetland, the wetland need only be identified on the plan. 27 c. Geotechnical analysis, including soil borings, at all proposed stormwater management facility 28 locations 29 d. If infiltration of runoff is proposed, data must be submitted showing the following: 30 i. No evidence of groundwater or redoximorphic soil conditions within three (3) feet of the 31 bottom of the facility, practice, or system 32 ii. Soil conditions within five (5) feet of the bottom of any stormwater treatment facility, 33 practice, or system 34 iii. If requested by the engineer, site-specific infiltration capacity of soils at the bottom of the 35 facility, practice, or system. In addition, the District engineer may require submission of a 36 Lower Minnesota River Watershed District 6-4 | Page Draft Rules phase I environmental site assessment and/or other documentation to facilitate analysis 1 by the District of the suitability of the site for infiltration. 2 e. Construction plans and specifications for all proposed stormwater management facilities, 3 including design details for outlet control structures 4 f. Stormwater runoff volume and rate analyses for the 2-, 10-, and 100-year 24-hour critical events, 5 existing and proposed conditions, using Atlas 14 nested distribution 6 g. All hydrologic, water quality, and hydraulic computations completed to design the proposed 7 stormwater management facilities 8 h. Narrative addressing incorporation of retention BMPs 9 i. Platting or easement documents showing sufficient drainage and ponding/flowage easements 10 over hydrologic features, such as floodplains, storm sewers, ponds, ditches, swales, wetlands, 11 and waterways, if required by the municipality with jurisdiction 12 j. Documentation of the project’s NPDES Construction Stormwater Permit status, if applicable 13 k. If a stormwater harvest and reuse practice is proposed to meet applicable requirements, 14 submission of 15 iv. an analysis using a stormwater reuse calculator or equivalent methodology approved by 16 the District engineer; 17 v. documentation of the adequacy of soils, storage capacity, and delivery systems; 18 vi. delineation of green space area to be irrigated, if applicable; and 19 vii. a detailed irrigation or usage plan showing compliance with the District volume-retention 20 requirements. 21 6.5.6 Documentation that the applicant holds the legal rights necessary to discharge to any off-site 22 stormwater facility/facilities used for compliance and that the facility/facilities are subject to a 23 maintenance document satisfying the requirements of this rule 24 6.5.7 A maintenance plan and applicable maintenance agreements 25 6.5.8 Construction plans and specifications certifying construction on the steep slope by a registered 26 professional engineer. The certification must indicate that the slope is suitable to withstand 27 proposed construction. 28 Lower Minnesota River Watershed District 7-1 | Page Draft Rules 7 Rule G: Water Appropriations Rule 1 7.1 Policy 2 It is the District’s policy to 3 a. maintain groundwater recharge and protect groundwater from contamination; 4 b. promote management practices that protect groundwater recharge and quality; 5 c. support enforcement of wellhead protection plans, individual sewage treatment systems, and 6 community septic ordinances; 7 d. support development and implementation of wellhead protection plans; 8 e. review appropriations requests for groundwater in HVRAs; and 9 f. evaluate the potential impacts of public or private infrastructure (including private and municipal 10 groundwater appropriations) interference of flows on groundwater recharge, transmission, and 11 discharge. 12 7.2 Regulation 13 A DNR permit must be obtained within the HVRA Overlay District, as shown on the Lower Minnesota 14 River Watershed District—High Value Resources Area Overlay District Map (Figure 1), in coordination 15 with the District, for the following: 16 a. Temporary withdrawal of groundwater for construction dewatering; landscaping; dust control; 17 and hydrostatic testing of pipelines, tanks, and wastewater ponds 18 b. Permanent withdrawal of more than 10,000 gallons of water per day or one (1) million gallons 19 per year 20 7.3 Criteria 21 All projects under this rule shall be subject to the following regulations: 22 a. In all cases of groundwater appropriation requiring a DNR permit in the District, a copy of the 23 permit application and information on the location of the discharge/withdrawal shall be filed 24 with the District for review. 25 b. Develop and submit a discharge management plan to the District 26 c. Demonstrate no net change in groundwater levels to adjacent fens and trout streams 27 7.4 Required Information and Exhibits 28 The following exhibits must accompany the permit application (one hardcopy set of plans [11 inches by 29 17 inches] and one set as electronic files in a format acceptable to the District): 30 7.4.1 A site plan showing the following: 31 a. Property lines and delineation of lands under ownership of the applicant 32 b. Existing and proposed elevation contours 33 Lower Minnesota River Watershed District 7-2 | Page Draft Rules c. Identification of existing and proposed normal and ordinary high- and 100-year water elevations 1 on-site 2 7.4.2 A discharge management plan showing the following: 3 a. Alternative sources of water considered and reasons why the groundwater appropriation 4 proposed was selected 5 b. Well depth, number, and capacity in gallons per minute of pump(s) to be installed 6 c. Computations by a certified professional engineer showing no net change in groundwater levels 7 adjacent to fen resources 8 d. Any potential impacts on trout waters, including trout waters not designated by the State of 9 Minnesota, and strategies to reduce potential impacts 10 7.4.3 Information on any water storage facilities and capabilities and any proposed reuse and 11 conservation practices 12 7.4.4 A contingency plan or draft agreement with the District to discontinue the appropriation in the 13 event of restriction 14 Lower Minnesota River Watershed District Draft Rules 8 Rule H: Water Crossing Rule 1 8.1 Policy 2 It is the District’s policy to 3 a. prohibit the use of beds and banks of streams and lakes for the placement of roads, driveways, 4 and utilities; 5 b. regulate crossings of watercourses for driveways, roads, and utilities to maintain stream stability, 6 conveyance capacity, and the ability to transport, without adverse effect, the flows and detritus of 7 its watershed; 8 c. preserve the ecological integrity of the riparian and aquatic environment, including wildlife and 9 fisheries habitat and recreational water resources; and 10 d. encourage improvement of wildlife passage and habitat, especially for projects involving culvert 11 and public right-of-way in or near natural corridors. 12 8.2 Regulation 13 A DNR permit must be obtained, in coordination with the District, for horizontal drilling under or 14 placement of a road, highway, utility, bridge, boardwalk, or associated structure in contact with the bed 15 or bank of any waterbody, including alteration of a waterbody to enclose it within a pipe or culvert. 16 8.3 Exceptions 17 Coordination is not required for ecological restoration of a waterbody that has been significantly altered 18 from its natural state or degraded, for which the proposed application would provide a greater degree of 19 resource protection and restoration than would strict compliance with the rule. 20 8.4 Criteria 21 All projects under this rule shall be subject to the following: 22 8.4.1 Show the effects of the project through analysis completed by a qualified professional on the 23 stream’s physical characteristics, hydraulic capacity, and water quality 24 8.4.2 Time construction by taking advantage of seasons with no or low stream flow as appropriate 25 8.4.3 Time construction to avoid spawning seasons, if applicable 26 8.4.4 Demonstrate a public benefit and ensure the crossing will retain adequate hydraulic and 27 navigational capacity for the portion of a road, highway, utility, or associated structure that 28 crosses the bed or bank of any waterbody. If applicable, the project should not adversely affect 29 water quality and should represent the “minimal impact” solution to a specific need with respect 30 to all other reasonable alternatives. 31 8.4.5 Projects must follow the DNR manual Best Practices for Meeting DNR General Public Waters 32 Work Permit GP 2004-0001, as amended, when applicable. 33 8.4.6 Size and place stream crossings as follows: 34 Lower Minnesota River Watershed District 8-2 | Page Draft Rules a. Regardless of the stream’s width-to-depth ratio (bankfull width/mean depth), minimum culvert 1 width shall match or exceed stream bankfull width (water surface width at discharge associated 2 with the 1.5-year return period). Combined width of multiple culverts is satisfactory. 3 b. Culvert length shall extend beyond side slope toe and be buried to a depth of one sixth of its 4 height. 5 c. Slope of culvert shall match stream thalweg (the deepest continuous line along a watercourse) 6 slope. 7 d. When using multiple culverts, offset culvert inverts. Use the fewest and largest multiples 8 possible. A minimum vertical separation of one (1) foot is required between the lowest placed 9 culvert and multiples. 10 e. Alignment of culvert shall match stream alignment. 11 f. Additional consultation is required with DNR, the District, and other regulatory agency staff 12 when the stream is a designated trout stream or contains endangered or threatened species. 13 8.4.7 Preserve aquatic and upland wildlife passages. 14 8.5 Required Information and Exhibits 15 The following exhibits are required (one hardcopy set of plans [11 inches by 17 inches] and one set as 16 electronic files in a format acceptable to the District): 17 8.5.1 Construction plans and specifications certified by a registered professional engineer 18 8.5.2 An analysis prepared by a professional engineer or qualified hydrologist showing the effect of 19 the project on hydraulic capacity and water quality 20 8.5.3 An erosion control and site restoration plan 21 8.5.4 Provide a maintenance agreement. A declaration or other recordable instrument stating terms for 22 hydraulic capacity maintenance shall be recorded in the County Recorder’s or Registrar’s office 23 before activity commences. In lieu of recordation, a public body or project proposer without a 24 property interest sufficient for recordation may assume the maintenance obligation by means of a 25 written agreement. The agreement shall state that, if the ownership of the structure is transferred, 26 the public body shall require the transferee to comply with this requirement. 27 28 Lower Minnesota River Watershed District Draft Rules Figure 1 Lower Minnesota River Watershed District—High Value Resources Area Overlay District Map 1 #* #* #* #* #*#* #* #* Black DogLake Fen Black DogLake North Fen Nicols MeadowFen Black Dog Watershed Management Organization Lower Minnesota RiverWatershed DistrictEagan-Inver Grove Heights Watershed Management OrganizationLower Minnesota RiverWatershed District Lower Minnesota RiverWatershed District Bloomington Burnsville EaganBurnsville§¨¦35W 13 77 §¨¦35EBlack Dog CreekKe n n a l e y ' s C r e e k U n n am e d S t r e am Unn a m e d S t r e a m Unnamed StreamCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Source: MNDNR, MN Geospatial Commons, ESRI, and Burns & McDonnell Engineering Company, Inc.Issued: 5/4/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\1 BD&NM_Fen_and_BD&Kennaleys_Creek_Overview.mxd cronchetti 5/4/2018NORTH Lower Minnesota River Watershed District High Value Resources Area Overlay District Map 1 of 5 2,000 0 2,000 Feet Scale: 1" = 2,000' Area Enlarged MNDNR Publicly Available Data Jurisdictional Boundaries Calcareous Fen Point Trout Stream Trout Pond/Lake Riley-Purgatory-Bluff Creek Watershed District Lower Minnesota River Watershed District Municipal Boundary#* Black Dog Watershed Management Organization High Value Resource Area (HVRA) HVRA Overlay District #* #*Gun Club Lake South Fen Lower Minnesota RiverWatershed DistrictEagan-Inver GroveHeights WatershedManagement OrganizationBloomington55 §¨¦494 Gun Club Lake North Fen EaganEagan MendotaHeights Lower MississippiRiver WatershedManagement Organization§¨¦35E 13 5 COPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Source: MNDNR, MN Geospatial Commons, ESRI, and Burns & McDonnell Engineering Company, Inc.Issued: 5/4/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\2 Gun_Club_Fen_Overview.mxd cronchetti 5/4/2018 NORTH Lower Minnesota River Watershed District High Value Resources Area Overlay District Map 2 of 5 1,500 0 1,500 Feet Scale: 1" = 1,500' Area Enlarged MNDNR Publicly Available Data Jurisdictional Boundaries Calcareous Fen Point Trout Stream Trout Pond/Lake Riley-Purgatory-Bluff Creek Watershed District Lower Minnesota River Watershed District Municipal Boundary#* Lower Mississippi River Watershed Management Organization High Value Resource Area (HVRA) HVRA Overlay District #* #* #* Unnamed S t r e a m Savage Fen Bloomingto n 13 Lower Minnesota RiverWatershed District Prior Lake Spring Lake Watershed District Scott County WatershedManagement Organization SavageSavageShakopee Unnamed Stre a m Unnamed Stream Eagle CreekEagle Creek , Eas t Branch 21 £¤169 Source: MNDNR, MN Geospatial Commons, ESRI, and Burns & McDonnell Engineering Company, Inc.Issued: 5/4/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\3 Savage_Fen_and_Eagle_Creek_Overview.mxd cronchetti 5/4/2018NORTH Lower Minnesota River Watershed District High Value Resources Area Overlay District Map 3 of 5 1,500 0 1,500 Feet Scale: 1" = 1,500' Area EnlargedCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\3 Savage_Fen_and_Eagle_Creek_Overview.mxd cronchetti 5/4/2018 MNDNR Publicly Available Data Jurisdictional Boundaries Calcareous Fen Point Trout Stream Trout Pond/Lake Prior Lake Spring Lake Watershed District Lower Minnesota River Watershed District Municipal Boundary#* Scott County Watershed Management Organization High Value Resource Area (HVRA) HVRA Overlay District #* #* #* Chanhassen Shakopee ChanhassenChaskaRiley-Purgatory-Bluff Creek Watershed District Lower Minnesota RiverWatershed District Seminary Fen Lower Minnesota RiverWatershed District Carver County Water Management Organization Riley-Purgatory-Bluff Creek Watershed District 61 61 101 £¤212 Carver County Water Management Organization Assumptio n Creek Unna m e d S t r e a m COPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Source: MNDNR, MN Geospatial Commons, ESRI, and Burns & McDonnell Engineering Company, Inc.Issued: 5/4/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\4 Seminary_Fen_and_Assumption_Creek_Overview.mxd cronchetti 5/4/2018Lower Minnesota River Watershed District High Value Resources Area Overlay District Map 4 of 5 NORTH 1,250 0 1,250 Feet Scale: 1" = 1,250' Area Enlarged MNDNR Publicly Available Data Jurisdictional Boundaries Calcareous Fen Point Trout Stream Trout Pond/Lake Riley-Purgatory-Bluff Creek Watershed District Lower Minnesota River Watershed District Municipal Boundary#* High Value Resource Area (HVRA) HVRA Overlay District Lower Minnesota RiverWatershed District77 Bloomington494 EaganIke's C r e e k COPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Source: MNDNR, MN Geospatial Commons, ESRI, and Burns & McDonnell Engineering Company, Inc.Issued: 5/4/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\5 Ikes_Creek_Overview.mxd cronchetti 5/4/2018 NORTH Lower Minnesota River Watershed District High Value Resources Area Overlay District Map 5 of 5 1,000 0 1,000 Feet Scale: 1" = 1,000' High Value Resource Area (HVRA)MNDNR Publicly Available Data Jurisdictional Boundaries Calcareous Fen Point Trout Stream Lower Minnesota River Watershed District Municipal BoundaryHVRA Overlay District #* Area Enlarged Trout Pond/Lake Lower Minnesota River Watershed District Draft Rules Figure 2 Lower Minnesota River Watershed District—Steep Slopes Overlay District Map 1 Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Chaska Chanhassen ShakopeeChanhassen Assumption Creek As s u m p t i o n Cre e k Seminary Fen Bl u f f C r e e k Ch a s k a C r e e k Minnesot a Ri v erCh a s k a C r e e k Bl u f f C r e e k Chaska East Creek Lake Bavaria Lake Riley Hazeltine Lake Brickyard Clayhole McKnight Lake Lake Jonathan Firemens Clayhole Lake Grace Rice Lake 1 S T A V E W LYMAN BLVD PIONEER TRL 6 T H A V E W ENGLER BLVD COUNTY ROAD10 CHASKA BLVDHUNDERTMARKRDEOLDBRICKYARDR D F L Y IN G CLOUDDRB L U F F C R E E K D R H IG H W A Y 2 1 2VICTORIADRB A V A RIA RD POWERS BLVDCOUNT Y ROA D1 1 CHESTNUT ST NAUDUBON RDGREATPLAINSBLVDGUERNSEY AVEH I G H WA Y 1 0 1 Source:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 1 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Carver County Riley-Purgatory-Bluff Creek Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Stream #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.LouisvilleTownship Text JacksonTownship Carver Chaska Shakopee Ca r v e rCr e e k Chaska Creek Carver Creek SandCreekChaska East CreekChaska CreekCarver Cr e e k Minnesota RiverCourthouse Lake Brickyard Clayhole Gifford Lake Firemens Clayhole 1 S T A V E W CHASKABLVDC H E S T N U T B L V D HIGHWAY169OLD BRICK YARD RD6 T H A V E W VIERLING DR W MAIN ST W CHESTNUT ST N 10TH AVE W C OU N T Y ROAD11COUNTY ROAD 140 1 7 T H A V E W 4THST E130TH ST W APGARSTSCOUNTY ROAD 78 FULLER ST SADAMS ST SKOEPER AVEHIGHWAY 212D A H L G R E N R D JONATHAN CARVER PKWYOLDCARVERRDMARYSTOWN RDSource:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 2 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Carver County Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Pond/Lake #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.EdenPrairieEden PrairieChanhassen ShakopeeShakopeeAs s u m p t i o n Cre e k Purga to ry C reek Riley Creek Bluff Creek Riley CreekPurgatoryCreekRiley CreekRiley C r e e k Bluff CreekFisher Lake Outlet Purgatory C r e e k Bl u f f C r e e kRiley CreekMinnesota Ri v e r Staring Lake Fisher Lake Lake Riley Red Rock Lake Rice Lake COLUMBINERDHOLMES ST SPIONEER TRL S H E N A N D O A H DRSARAZINSTVALLEYPARKDRMARSCHALLRDS4TH AVE E1STAVEW MITCHELL RDBRAXTONDRP R O S P E C T RD 1 S T A V E E 6 T H A V E W STARINGL A K E P K W Y EA G L E CR E E K BLV D CHAR L S O N R D LYMAN BLVDHIGHWAY212 COUNTYROAD101 HOMEWARD HILLS RDCANTERBURY RD SDELLR D EDENPRAIRIERDGREATPLAINSBLVDRILEY LAKE RD SPRINGR D FLYING CLOUD D R H I G H WA Y 1 0 1 Source:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 3 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Riley-Purgatory-Bluff Creek Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Stream #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Shakopee Prior Lake Pike Lake Fisher Lake O'Dowd LakeHOLMES ST SEAGL E C R E E K B L V DVALLEYPARKDR10THAVEE 4TH AVE E VIERLING DR W 10TH AVE W VIERLING D R E 17TH AVE ESARAZINST CANTERBURY RD S6T H A V E W 1 S T A V E W MARSCHALL RD SAPGARSTSSPENCER ST SFULLER ST SADAMS ST SKOEPER AVE1 7 T H A V E W VALLEY VIEW RD ECOUNTY ROAD 78 COUNTY ROAD 101 130TH ST W 12TH AVE E CANTERBURY RDNWHIGHWAY 169 SO U THB RIDG E PKWY TOWNLINE AVEMARYSTOWN RDINDEPENDENCEDRCOUNTYROAD21Source:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 4 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Prior Lake-Spring Lake Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.EdenPrairie Shakopee Savage Bloomington Purgatory Creek Ninemile Creek Purgatory Cr e e k FisherLakeOutlet Ni n e m i l e C r e e k Minn e s o t a R i v e r Pur g a t o r y C r e e k Bush Lake Hyland Lake Fisher Lake 90TH ST W OLD SHAKOPEE RD W NORMANDALE BLVDFRANCEAVES98TH ST W 102ND ST WPOPLARBRIDGERDANDERSONLAKES P K W Y VENESSRD106TH ST W AUTO CLUB R D 94TH ST W XERXESAVESRIVERVIEW RD OVERLO OK D RCOUNTYROAD101 110TH ST W PIONEERTRL HIGHWAY 169BUSHLAKERDEBLOOMINGTONFERRYRDBUSH LAKE RDHENNEPIN TOWN RDHOMEWARD HILLS RDFRANLO RDSource:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 5 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Riley-Purgatory-Bluff Creek Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Savage Savage Bloomington Prior Lake SavageShakopee Burnsville Eagle Creek Savage Fen Eagle Cr e e k Credit RiverFisherLakeOutletCredit RiverMinnesota River Pike Lake Fisher Lake BURNSVILLEPKWYWLYNN AVEMCCOLL DR EAGLE CREEK BLVD C O U N T Y R O A D 1 8 HIGHWAY 13 W A U T O C L U B R D H IG H W A Y 1 6 9 O V E R L O O K D R COUNTYROAD101 WILLIAMS D RNORMANDALEBLVD HIGHWAY 13CRESTAVENESOUTHBRIDGE P K W Y COUNTYROAD21GLENDALE RDDAKOTA AVESource:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 6 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Black Dog Prior Lake-Spring Lake Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Stream #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Eagan Bloomington Burnsville Black DogLake North Black DogLake FenNinemile CreekNinem i le C reek Minnesota River Black Dog Lake CLIFF RD E BURNSVILLEPKWYWCOUNTY ROAD5HIGHWAY 1 3 W COUNTYROAD11NICOLS RDCLIFFRDW RIVER R ID G E BLVD CLIFFLAKERDHI G HW A Y 13ERAHN RD106TH ST W CLIFF RDFRANCEAVESXERXESAVES110TH ST W O L D S H A K O P E E R D W WILLIAMS D R B U R N S V I L L E PKWY E DIFFLEY RD CARNELIANLNLYNDALEAVE SINTERSTATE 35EHIGHWAY77DUPONTAVESSLATERRDNICOLLETAVEINTERSTATE35WGALAXIEAVE126TH ST W Source:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 7 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Black Dog Eagan-Inver Grove Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Stream #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Bloomington Burnsville Eagan Bloomington Black Dog CreekK e n n a l e y ' s C r e e k Gun ClubLake South Black DogLake North NicolsMeadow Fen Minnesota RiverGun Club Lake Blackhawk Lake Black Dog Lake Oxboro Lake 24THAVES34THAVES102ND ST ELYNDALEAVES94TH ST W 98TH ST W 82ND ST W 90TH ST W PORTLANDAVES86TH ST W SIBLEY MEMORIAL HWYNICOLLETAVES28THAVESYANKEE DOODLE RD 86TH ST E LINDAU LN HIGHW AY13ERAHN RD106TH ST W OLDSHAKOPEERDESILVER BELL RD HIGHVIEW AVE COACHMAN RD98TH ST E LONE OAK RD FOUROAKSRD NICOLS RDD E E R W O O D DR CARNELIAN L N 102ND ST W 90TH ST E BLUE CROSS RDINTERSTATE35WOLDCEDARAVESIN T E R S T A T E 35EHIGHWAY 7 7 BLACKHAWKRDASHBURY RD Source:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 8 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Eagan-Inver Grove Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Stream #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.St. Paul Eagan Minneapolis Richfield Mendota Heights LilydaleMendota Bloomington Mendota Heights Gun ClubLake South Gun ClubLake NorthMiss iss ipp iRiver Minnesota RiverLemay Lake Gun Club Lake Upper Lake Crosby Lake Pool 2 Augusta Lake Snelling Lake Rogers Lake B L U E G E N TIA N R D MARIE AVE W AMERICAN BLVD E 34THAVESHIGHWAY 110 MENDOTA HEIGHTS R D CORPORATE CENTERD R 82ND ST E HIG H W A Y 5 5 EAGANDALE BLVDLEXINGTONAVESLINDAU LN 28THAVES60TH ST E HIGHVIEW AVE 58TH ST E 7TH ST W CEDARAVESBLOOMINGTON RDINTERSTATE35E76TH ST E 70TH ST E 66TH ST E HIGHWAY 77SHEPA R D R D 42NDAVESINTERSTATE 494HIGHWAY 5HIGHWAY 62 C O L V I L L E AV E PILOTKNOBRDSIBLEYM EM O RIALH W YDAVERN ST24THAVESHIGHW A Y 1 3BLOOMINGTONAVEEDGCUMBERDCLEVELANDAVE SHIAWATHAAVESource:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 9 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Eagan-Inver Grove !!!Lower MS River Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water #*Calcareous Fen Point Municipal Boundary