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Home My WebLink AboutUntitled • . , . Guidelines on Water Retention Ag aide for local governments on how to comply with Minnesota Statutes 103B.3365 when approving developments creating more than one acre of impervious surface. nrwl Developed by the Minnesota Board Atrnder a of Water and Soil Resources Water&Soil Resources 155 S.Wabasha Suite 104 St. Paul,MN 55107 612-296-3767 August 1993 612 234 7789 09/26/1994 13: 21 612-234-7789 F 3 SVDBODA & ASSOC PAGE 01 FRANKLIN J. SVOBODA & ASSOCIATES, INC. Wetland Seances * WildltfeI ilegetatIon Studies DATE: cl / / 1994 Total Number of Pages RE: w. TO: ' 6 t.,1a7LAL ''2at4J . y ,,4 Li a 9 (FAX) (Phone) FROM: 0 As per our discussion Cl For your files As you requested _ 0 Originals mailed For your information CD Respond upon receipt Other instructions / Comments: • • rv. - " ) to 1 lid'" t A 25580 Netkiric Drive • Shorewood, MN 55:331 (61.2)474M500(Office) * (612) 4744)547 (Fax) 09/26/1994 13: 21 612-234-7789 F J SVOBODA & ASSOC PAGE 02 FRANKLIN J. SV0130DA & ASSOCIAATES, INC Wetland Services * Wildlife/Vegetation St t a Memorandum To: Scott Johnson Larry Frank `rare. Robert Merila Date September 26, 1994 Reference: The Oak Park Heights project in Washington County, MN. Project No. 94-110 Copies: Barbara 0 Neal, Mayor Tim Fredho Washington SWCf The site is located in the SW 1f4 NW 1/4 of Section 5, T29N R2OW in Oak Park . eights, Washington County, Minnesota. Enclosed are portions of the topographic map of this area, the NW1 and a page out of a strlocation neap book; The delineated d wetla d basins are marked on the map as well as locations of the soil sample points for depressional areas fmind to not meet \wetland criteria, Areas which did not meet wetland criteria had oxidized soil below the A horizon (deternainedby the chro€na of the soil at this level), `Mese areas were not dominated by hydrvphytio plant communities, ities,' either. A formal report is .forthcoming; this memo is to help expedite the wetland tfelittdation review pxc)C Thank you for your assistance on this project. 558€tisin .Drive . Shorewood, MN 55331 (612)474-0500(Office) a (612)474.0547 (Fax) 09/26/1994 13: 21 612-234-7789 F 3 SVOBODA & ASSOC PAGE 03 _....._...........— — „... , 451t' ett CO iu 4 co v A :1::-1.1S 0 . CI •i ..4-1: 1: ...:iitit ft .,,- ... •,,.40v.,!,,tAs 4N 'es , i. 2; ., .4 . 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Th. serial 11104, 0, photooriphb ensealty rotted condition*(PI:0 th ci$+c ."911pa rev and sw *Mai a tom, in w ir>n,ttt+rre is a mortal pl} error inherent in the rata of the asri& tt rtepits, thus a drtatlad ssn stere grptfeul fh gaarieCu9 ��UF Mow f3 saGtltM at a aeoiti sea setter rwesah s res pat the iii wetland boundaries �lptabiished through phdoodraohic Mk titian iatsrtrretemh le pddltiun,some*midi wtsdiands and Mood obscured by dense *rest cow may not bs included on this document. Ewers!.Staralt*ad Waal r r it:ata'Y oidonado with turlsdic- .,,,,,_1001 8 tilt cows/him the tin boar w�te maY define end+describe u ettarxie in a It tlx: *'' dp € t rnay! eadti#* > mom(than that used in this iamatenuarsr- Them a �w w._w- .:•A, seg amid: an Oat design or products et this swan- 89/.26/1994 13:21 612-234-7789 F J SVOBODA & ASSOC PAGE 85 ._.- _. t jr f t' f '4 !fJ e I yYY ff / -..._.-."... \ Fi \ ',. 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"...., \ \ ‘ N ' 1 • ....,,,,..... \‘,....._ ........0-- ....— _ ,..}. . ,., ... < ,-------- \ ..."" .............. 0 \, ...... \ 0 , .... ....„.. 0.....,. . ,,..0., ,...... :„....../ • r ..., N,N ...,N ,7-da pr / / 4 ‘ \ N / / i t I // / c I 1 41 , , , \ , \ \ i ) , \ \ \ ...... -sit\ ‘, \ \ \ \ , •. k \ _..,„.---" ‘ \ \ - ...., ....., - , .....„, ..."...00';,—",---',. ---,...--,..--,./.--t \`,...„.X:N...\\,,, \\^........,..„„_,''..-:":;>(----.-"im,..,.-.-, 1 k -•,--- .... . ,-- '--,...›.--1117.2.------::::-------77.------->, -"'------- ------. -- . . - - CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, SEPTEMBER 26 , 1994 Staff reports were reviewed prior to the regular meeting. Meeting called to order at 7 : 07 p.m. by Mayor O'Neal . Present : Kern, Seggelke, Doerr, Vierling, Swanson, Benson and Wilson. Absent : Schaaf . Doerr, seconded by Kern, moved to authorize Ken Kaiser, Tree Inspector, to contact the three tree services who provided proposals for tree removal and request they add the removal of seven stumps to their proposals . This to be an agenda item October 11th and removal to be completed by November 30, 1994 . 4 aye votes . Carried. Kern, seconded by Doerr, moved to install 2 or 3 additional No Parking signs on the North side of 58th street near Cover Park. 4 aye votes . Carried. Kern, seconded by Doerr, moved to direct Mark Vierling, City Attorney, to review the Cover Park Manor' s Conditional Use Permit and present findings at the October 11th meeting. 4 aye votes . Carried. Seggelke, seconded by Doerr, moved to direct Lindy Swanson, Police Chief, and staff to recommend any additional signage that may be e required on 58th street . 4 aye votes . Carried. Seggelke, seconded by Kern, moved to authorize Tim Fredbo, � Washington County Soil & Water Conservation District, to review and �',L sign off the water management issue on the Krongard Development on y'' behalf of the City of Oak Park Heights . Clerk to convey motion to City of Bayport . 4 aye votes . Carried. Kern, seconded by Doerr, moved to approve hiring of one additional part time patrolman, Brian De Rosier, as soon as possible. Starting salary to be $12 . 00/hr. with a six month review. 4 aye votes . Carried. Doerr, seconded by Seggelke, moved to approve Stillwater Taxi, Inc. cab license on condition the insurance is supplied to the city in proper form. 4 aye votes . Carried. Park Commission will meet at City Hall Monday, October 17th at 6 :30 p.m. Seggelke, seconded by Kern, moved to ratify memo dated September 20th from the Park Commission relating to Commission Appointment Process Employment Policy. 4 aye votes . Carried. Minnesota Board of Water and Soil Resources 155 South Wabasha Street Z 9 1994 Suite 104 St. Paul, Minnesota 55107 In the Matter of Reviewing the Watershed Management Plan for the Valley Branch Watershed District (Minnesota Statutes NOTICE OF FILING OF WATERSHED PLAN Section 103B.231, Subd. 9) NOTICE IS HEREBY GIVEN that a Watershed Management Plan(Plan)was filed with the Minnesota Board of Water and Soil Resources (Board),the Metropolitan Council, the Department of Natural Resources,the Minnesota Pollution Control Agency,the Minnesota Department of Health, Ramsey and Washington Counties, the governing bodies of the communities affected by the Plan, and the Ramsey and Washington Soil and Water Conservation Districts by the Valley Branch Watershed District(District)pursuant to the requirements of the Metropolitan Surface Water Management Act (Minnesota Statutes Chapter 103B.201 to 103B.251) (Act). The District encompasses approximately 64 square miles of land in Washington and Ramsey Counties. It includes land in the Cities of Afton, Lake Elmo, Mahtomedi, Oak Park Heights, Oakdale, Pine Springs, St. Mary's Point, West Lakeland Township, and Woodbury and the Townships of Baytown, Grant and West Lakeland in Washington County; and the Cities of Maplewood,North St. Paul and White Bear Lake in Ramsey County. The Plan includes an executive summary with an overview of the District, a land and water resource inventory,District- wide goals and policies,individual water management plans for specific water bodies in the District, a list of engineering studies and a capital improvement program. The implementation of the capital improvements program is spelled out specifically with a prioritization and budget. The Board must review the Plan for conformance with the requirements of the Minnesota Statutes Chapter 103D and the Act. The Board may approve all or parts of the Plan which are in conformance with state law. The Board invites written comment on the proposed Plan. All comments and information received by the Board will be considered before a decision is made on the Plan. Any person who objects to the proposed Plan may submit a written request for a hearing to the Board of Water and Soil Resources. If no written requests for a hearing are received within 30 days of the second publication of this Notice, the Board will consider all the information and comments received and will make a decision on the Plan at a future regular meeting of the Board. A copy of the Plan is available for inspection by any interested persons at the office of each community within the District,as well as the offices of the Ramsey County Soil and Water Conservation District at 2015 Rice Street,Roseville, Minnesota 55113 (telephone 488-1476), and the Washington County Soil and Water Conservation District at 1825 Curve Crest Blvd., Room 101, Stillwater, Minnesota 55082 (telephone 439-6361). For further information, contact Barbara Ohman at the Board of Water and Soil Resources at 297-1894. Dated in St. Paul, Minnesota this 26th day of July 1994. MINNESOTA BOARD OF WATER AND SOIL RESOURCES 4 /a it,ILAJ arbara W. Ohman Metro Board Conservationist I,: S C— CITY OF w } OAK PARK HEIGHTS ,,,,,..„41.' ''' f ' ' * o A MINNESOTA STAR CITY June 14, 1994 Mr . Richard W. Noyes Wetlands Administrator Pine County Soil and Water Conservation District 103 Fire Monument Road P.O. Box 276 Hinckley, MN 55037 Dear Mr . Noyes: Thank you for your May 11 , 1994 notification of Wetland Replacement Plans. I have distributed this information to the Mayor and Councilmembers of our city and they already have the documents they need . Sincerely, CITY OF OAK PARK HEIGHTS �j...�.r1 -+tom (,)i�a "' � CLaVonne Wilson Administrator/Treasurer LW: jad 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 ) PINE COUNTY SOIL AND WATER fi' l CONSERVATION DISTRICT 103 Fire Monument Road / j P.O. Box 276 Al. jHinckley, Minnesota 55037 It ,! 'r Telephone(612)384-7431 MINNEO�T� El SOIL AND gONSERVATION DISTRICTS TO: City Administrators/Clerks in the Major Watersheds of the Snake River, Kettle River, Upper St . Croix River, St. Croix River ( Stillwater ) and the Nemadji River FROM: Richard Noyes , Wetlands Administrator for Pine County SUBJECT: Notification of Wetland Replacement Plans The Minnesota Wetlands Conservation Act of 1991 regulates the draining and filling of most wetlands . When draining and filling activities cannot be avoided, replacement of the impacted wetland area becomes necessary. Landowners are responsible for submitting wetland replacement plans to the Local Government Unit (LGU) in the county where the wetland impact will occur. As the LGU for Pine County, I am required by law to notify and/or forward these wetland replacement plans on to all the cities in the major watershed where the wetland impact will occur. You will then have 30 days from the date of this notification to respond back to me with your comments and concerns pertaining to these individual replacement plans . Some of these plans become quite lengthy and may not be of particular interest to your city. To minimize the cost of administration of this program and avoid sending you a bunch of plans you may not be interested in, I am asking for your help. Please respond back to me , letting me know if you want copies of all wetland replacement plans in your major watershed, if you want an abbreviated form of the replacement plans or if you will pick up the projects you may be interested in through the EQB Monitor and then notify me if you want copies of the replacement plans . The EQB Monitor lists all the wetland replacement plans and the LGU decisions on these replacement plans . If you are not getting the EQB Monitor you can be put on the mailing list by calling 1-800-627-3529 . Please let me know in writing by June 15, 1994 , what your decision is regarding these wetland replacement plans . Since -ly, , 0�/�� 'ichard W. Noyes Wetlands Administrator , Pine County 4'9/ AN EQUAL OPPORTUNITY EMPLOYER ^,t RESOLUTION #93-12-53 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION FOR ADOPTING THE PERMANENT RULES OF THE WETLAND CONSERVATION ACT WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local government units (LGUs) implement this law by adopting the rules and regulations promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland draining and filling; and WHEREAS, the BWSR is requesting LGUs adopting the permanent rules of the WCA to notify them of the LGU decision regarding adoption; and WHEREAS, the LGU is responsible for making WCA determinations for landowners; and WHEREAS, the Browns Creek Watershed Management Organization is a technical sub-unit of government capable of making determinations and developing replacement plans. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAK PARK HEIGHTS that it hereby accepts the responsibility as the LGU for the WCA within the legal boundaries of THE CITY OF OAK PARK HEIGHTS as of December 27 , 1993 , within the guidelines as set forth by the WCA and rules. ADOPTED December 27, 1993 44tAdiadt 6-e-ALBarbara O'Neal, Mayor hb Attest: La Vonne Wilson Administrator/Treasurer RESOLUTION #93-12-53 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION FOR ADOPTING THE PERMANENT RULES OF THE WETLAND CONSERVATION ACT • WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local government units (LGUs) implement this law by adopting the rules and regulations promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland draining and filling; and WHEREAS, the BWSR is requesting LGUs adopting the permanent rules of the WCA to notify them of the LGU decision regarding adoption; and WHEREAS, the LGU is responsible for making WCA determinations for landowners; and WHEREAS, the Browns Creek Watershed Management Organization is a technical sub-unit of government capable of making determinations and developing replacement plans . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAK PARK HEIGHTS that it hereby accepts the responsibility as the LGU for the WCA within the legal boundaries of THE CITY OF OAK PARK HEIGHTS as of December 27 , 1993 , within the guidelines as set forth by the WCA and rules. ADOPTED December 27, 1993 Barbara O'Neal, Mayor Attest: \k" /0.# v24.1018". La Vonne Wilson O • Administrator/Treasurer 4„,4,11, 14,z, • in or— sU s s• w gat tt /04 CO • 5 S 2 • \C •rrI Cl) m 8 I It Crl Ln E O akti ill +► rIU) N N ox .-45+ 8Z L X 00 zo 042 O ° Y� F fn 1-.. .al WASHINGTON SOIL AND WATER CONSERVATION DISTRICT IDIS Curve Ct.Yt awd.,Room:01 e++l. StiUUwQt•r.MN 54099 (612)49.6361 MINNESOTA 110116 SOIL AND WATER CONSERVATION DISTRICTS March 29 , 1993 Ms . Barbara O'Neal 6213 St . Croix Trail N.- #205 Oak Park Heights , MN 55082 Dear Ms . O'Neal : Re: Middle St . Croix Watershed - Perro Creek Study Costs The Middle St . Croix Watershed Management Organization, Perro Creek Subwatershed, directed me to write you concerning the current status of the Perro Creek Study ` financing arrangement. This situation was discussed at 4( their last meeting on March 24 , 1993 . I understand that your city council has adopted a resolution eij approving the study by SEH , Inc . and agreeing to pay �-$24 , 193 .48 . The Town of Baytown has only agreed to finance the study for $12 ,000 .00 . This leaves the Perro Creek Subwatershed Group approximately $6 , 300. 00 short of the projected study cost . ,3iSo ,re /alThe City of Bayport proposed that Bayport and Oak Park ?o'�, .4 Heights equally share the additional cost needed for the ► , � / study. This necessitates an additional $3 , 150 .00 needed G from Oak Park Heights. Please consider this request and notify me as to whether or not your City will agree to pay this additional amount. If you have any questions, or require any further information, please contact me at 439-6361 . Sincerely, / . p Tim Fredbo Washington SWCD Staff / /p 'y cc : MSCWMO / Ken Hartung , Administrator, Bay Post-Ir brand fax transmittal memo 7671 oaf papal. �--- To -Le From .�"—' -,,,6P13'7 i co. V�K aTS. Co.l�f}sH- 5WG� baps. Phomas AN EQUAL OPPORTUNITI Frac* 3 9 — o57{ fax WASHINGTON SOIL AND WATER CONSERVATION DISTRICT 1825 Curve Crest Blvd.,Room 101 (6112)439- 61MN 55082 (612)039-6361 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS March 4 , 1993 TO: MSCWMO, Perro Creek Subwatershed Members FROM: Tim Ft}4a6-15 ash i ng to n SWCD RE: Breakdown Of SEH Study Cost At the last meeting of the MSCWMO, February 23., 1993, discussion centered on what would be the minimum amount of the proposed study that we could do to just design a structure under Co . Rd . 21 . Jeff Davis, SEH Inc . , stated that as a minimum we would need to do items 1 , 2, and a portion of item 3 (approximately $3500.00) as listed in his letter to me of January 29, 1993. These three items consist of the contour mapping , the givens, and that portion of Option 1 that looks at increasing storage in Prison Pond by raising the road or building a berm to keep road from overtopping. The cost of this proposal would be $54,664.00 Listed below are each communities cost based on your acreage in the Perro Creek subwatershed. $54,664 divided by total acres in the watershed ( 1646 acres) comes out to $33.21 per acre. Stillwater - 66ac . x $33.21/ac . = $2191 .86 Oak Park Hts. - 728.5 ac . x $33.21/ac . =$24193.48 Bayport - 300.5 ac . x $33.21/ac . = $9979.60 Baytown Twp . - 551 ac . x $33.21/ac. = $18298.71 If the MSCWMO is successful in securing a Flood Hazard Reduction Grant from the DNR, the above cost figures could be reduced by 507.. If you have any questions please call me at 439-6361 . REMINDER: The next meeting of the Perro Creek subwatershed is scheduled for March 24th , 6pm, at the Stillwater- city hall . cc : Jeff Davis, SEH Inc . S _ WASHINGTON SOIL AND WATER ir ( � "-J/ CONSERVATION DISTRICT 1825 Curve Crest Blvd..Room 101 ��j j Stillwater,MN 55082 uU (612)439.6361 J 141111111111rt t MINNESOTA t .. I , k, SOIL AND WATER CONSERVATION DISTRICTS ll . y V October 14, 1992 �y'�rl I � ` ? � '1 ,, 1, V✓ -1-0 G�� t ,� ,� r�, I \e' J ,,,, �,� vV . ti6 i t41 LI v OC V To: MSCWMO Members 0 (// :::m: Tim Fredbo wkbl If Vii" \\\'--::IT v✓ Perro Creek Implementation Study �'� 4 Breakdown of SEH Study Cost by Community t( ( ‘ Costs are based on total cost of project divided by acres of each community r in the Perro Creek Watershed. W/DNR Grant $88 , 540.00 - 1646.5 total watershed acres = $53 . 77/Ac ' Stillwater - 66 Ac x $53:77/Ac. = $3 , 548.82 _ • 1 ,774. Oak Park Heights - 728.5 Ac x $53.77/Ac,' $39 , 171 .44 771 $19,585 . 72 Bayport - 300 S . Ac x $53 . 77/Ac = $16 , 157.8: $ 88,078. 94 Baytown - 551/5 Ac x $53.77/Ac = $29, 654.15 14,827.07 If we receive a Flood Hazard Reduction Grant from the DNR, these costs would be reduced by 50%. These figures are shown in the last column to the right. • 7 Y.le • AN EQUAL OPPORTUNITY EMPLOYER c cr( I I f Q .b c (4).44°2'1.'7 CITY OF { OAK PARK HEIGHTS , :44 A MINNESOTA STAR CITY October 18, 1993 MN Board of Water & Soil Resources 155 South Wabasha Street - Suite #104 St. Paul, Minnesota 55107 Attention: Mr. Ron Harnack, Executive Director Dear Mr. Harnack: The City of Oak Park Heights will personally continue to administer the interim regulations for the Wetlands Conservation Act of 1991 . Sincerely, CITY OF OAK PARK HEIGHTS La Vonne Wilson Administrator/Treasurer pc: Greg Larson • 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 September 29, 1993 To: Cities of over 3000 population; c/o City Administrators Non-Metro Counties, c/o Planning & Zoning Admin. BoanesQta r Metro Counties, c/o County Administrators Water&Soil Association of MN Counties [ © [E Q V/ E. Resources Association of Metropolitan Municipalities J Minnesota League of Cities OCT _ 6 Southbridge Office Building Watershed Management Organizations 155 S.Wabasha StreetWatershed Districts I L% Suite 104 St.Paul,MN 55107 Soil and Water Conservation Districts (712)296-3767Association of Watershed Districts, Bd of Dir. Fax(612)2997--5615 Association of Soil and Water Conservation Districts Field Offices Minnesota Association of Homebuilders Co 7 Water Planners Northern Region: 394 S.Lake Avenue Room 403 From: + arnack, Executive Director Duluth,MN 55802 Minnesota Board of Water and Soil Resources (218)723-4752 Fax (218)723-4794 3217 Bemidji Avenue N. Subject: Water Retention Guidelines for Impervious Surface Bemidji,MN 56601 Fa8(755-4235 18)755 4201 Enclosed is a set of guidelines for local governments to use to help 217 S.7th Street achieve compliance with Minnesota Statutes Section 103B.3365. The Suite 202 law mandated that local governments approving developments that Brainerd,MN 56401-3660 create more than one acre of impervious surface require that water (218)828-2383 Fax(218)828-6036 retention devices or areas be provided to manage storm water runoff. The guidelines were adopted by the Board of Water and Soil Southern Region: Resources as directed by Minnesota Statutes Section 103B3365, P.O.Box 756 Subdivision 5. Highway 15 S. New Ulm,MN 56073 (507)359-6074 Please be reminded that these are guidelines and thus do not have the Fax (507)359-6018 force and effect of rule or law. They should, however, provide 1200 S.Broadway reasonable direction to local governments approving projects on what Room 144 Rochester,MN 55904 should adequately constitute compliance with this directive of the (507)285-7458 legislature. P.O.Box 267 1400 E.Lyon street Marshall,MN 56258 Limited additional copies are available upon request by contacting (507)537-6060 either your local BWSR representative or by calling (612) 296-3767. Fax(507)537-6368 End Metro Region: Southbridge Office Building 155 S.Wabasha•Street cc BWSR Board Members Suite 104 St.Paul,MN 55107 Board Conservationists (612)296-3767 Regional Supervisors Fax(612)217-5615 Program Staff a:reding.m4 An Equal Opportunity Employer Printed on recycled paper • August 25, 1993 Guidelines on Water Retention Minnesota Statutes Section 103B.3365 Minnesota Board of Water and Soil Resources Overview of Minnesota Statutes Section 103B.3365: During the 1991 legislative session, a law was enacted that required local governments to require the provision of water retention devices or areas for all developments in Minnesota that create more than one acre, cumulatively, of impervious surface. A copy of the law, Chapter 160, Laws of 1991, is included as Attachment A. The law is codified as Section 103B.3365 of the Minnesota Statutes. The law was effective August 1, 1991 and directed the Board of Water and Soil Resources (BWSR) to develop guidelines to assist local government with implementing Subdivision 1 of the law. These guidelines reflect the comments received by the BWSR on four separate drafts of the guidelines from state agencies involved with water management in addition to various associations either representing local governments or water management interests. These guidelines may be subject to change at some future date based on feedback received. Questions relating to these guidelines should be directed to the nearest Board Conservationist representing your area or to: Bruce Sandstrom Board of Water and Soil Resources 155 South Wabasha Street St. Paul, MN 55107 Phone: (612) 297-4958 While there is no specific penalty for non-compliance, local governments must comply with the law to avoid possible citizen lawsuits relating to mal, non or misfeasance. Likewise, state agencies could withhold approvals of projects under their jurisdiction if a local government is not malting a good faith effort to enforce this law. Local governments who are lacking controls which provide for specific performance standards for erosion control and storm water design with respect to waterborne nutrients and rate control should seriously consider adopting some stop-gap controls that accomplish this as soon as possible. Below are three key highlights of MS 103B3365: 8/25/93 Version 1 1. Local government is to require the installation of water retention areas or devices for new development projects creating new impervious surface of one acre or greater. (Section 103B3365, Subdivision 1) 2) Metropolitan watershed management plans and comprehensive county water management plans are required to specify local controls that utilize the best available technology to properly manage surface water runoff quantity and quality. (Section 103B.3365, Subdivision 4). 3) The BWSR is required to develop guidelines to assist local governments in implementing the new water retention requirement specified in Section 103B.3365, Subdivision 1. (Section 103B.3365, Subdivision 5). Many first generation "509" plans will be compliant with the intent of MS 103B.3365, when they are fully implemented. Minnesota Rules Chapter 8410, effective August 1, 1992, will result in second generation "509" plans that will meet or exceed the requirements of the law. Likewise, metro local governments who adopt Section 8 of the Metropolitan Council's model storm water management ordinance in its entirety, will find themselves in compliance with MS 103B3365. (The Metropolitan Council's model storm water management ordinance is contained as Attachment B to these guidelines.) In the near future, the BWSR will likely amend the rules for non-metro county comprehensive local water plans (Minn Rules Chapter 9300) to provide more specific guidance for controls relating to best management practices for erosion control and storm water design. In the interim, non-metro counties and cities should seriously consider adoption of controls that implement proper erosion control and storm water design by referencing existing manuals, handbooks, and/or papers to provide acceptable performance standards on these matters. Note: Underlining is added for Emphasis, Guidelines for Implementing Minnesota Statutes Section 103B.3365 Part I. - Scope. These guidelines have been adopted by the Minnesota Board of Water and Soil Resources pursuant to the requirements of Minnesota Statutes Section 103B.3365. These guidelines apply statewide, Local governments must apply these guidelines when considering approval of any development which creates a total (cumulatively) of one acre or more of impervious surface. For example, depending upon local standards for street width and lot size, a typical single family residential subdivision of 8 to 10 lots would be a thresh-hold for implementing this law. 8/25/93 Version 2 • Local governments should also note that MS 103B.3365 requires that local water management plans specify controls that implement best available technology to: • minimise off-site runoff • maximize overland flow over vegetated surfaces • replicate pre-development hydrologic conditions • minimize off-site discharge of pollutants to ground or surface water • encourage natural filtration functions While these guidelines are not rules and consequently do not have the force and effect of law, local governments will avoid excessive scrutiny and potential citizen lawsuits if they can demonstrate that they are in compliance with these guidelines. Local governments may not require a state agency (such as the Minnesota Department of Transportation or the Minnesota Department of Natural Resources) to comply with this law. When local agencies review state projects, attention should be given to whether MS 103B.3365 would apply if the project was in fact a private project. In such cases, the local government and the state agency should cooperate to the degree practical to provide for adequate retention of surface water. Instances where a state agency is uncooperative should be brought to the attention of the Minnesota Board of Water and Soil Resources. Part II. - Definitions. The following definitions apply to interpretations of Minnesota Statutes, Section 103B.3365 and these guidelines: Subpart 1. Best Available Technology or BAT. Best available technology means Best Management Practice or BMP. Subpart 2. Best Management Practice or BMP. Best management practice means erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. Subpart 3. Impervious Surface. Impervious surface means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include, but are not limited to, rooftops, sidewalks, patios, storage areas, and roads, streets, driveways and parking lots constructed of concrete, asphalt or compacted soils. Subpart 4. New development. New development means any project, including re- development projects that create more than one acre of impervious surface over what 8/25/93 Version 3 existed prior to August 25, 1993. Subpart 5.Water retention device or area. Water retention device or area means any constructed control device, ponding area or storm water pond, or a natural depression or wetland installed or planned for under a state approved surface water management plan which provides for the temporary storage of storm water runoff, with the purpose of replicating pre-development hydrologic conditions and retaining sediment and or nutrients. Part III. - Exemptions From MS 103B.3365. The water retention requirement is not applicable in the following cases: a) where the development project is a linear project, such as sidewalks, paths, or trails, or is reconstruction, repair, reconditioning, or resurfacing of existing roads or impervious surfaces; or b) where the plans for the project development site were approved by a local unit of government by a permit or in a preliminary or final plat approval process prior to August 25, 1993. Part W. - Forms of Review Meeting the Intent of Section 103B.3365, Subd. 1 Commentary: The majority of research on the water quality aspects of stonn water management in Minnesota has shown that, overall, "wet ponds" (wet retention/detention ponds)provide the most feasible and efficient best management practice (BMP)for urbanizing areas. There are other BMPs that could be construed to constitute a means to meet the retention requirement of Section 103B.3365, but they generally require more careful design considerations exacting conformance to construction specifications and more frequent maintenance. These include such BMPs as infiltration ponds, pervious pavement, drainage swales and special street and parking lot designs that store or retard the flow of runoff Subpart 2 provides some guidance on other methods of retaining storm water runoff. A wet pond in its simplest terns is defined as a constructed stonn water pond that has a permanent pool designed in a specific fashion to provide for the quiescent settling of sediment and nutrients from stonn water. Depending upon the design criteria used, wet ponds can provide for up to 95 percent removal of sediments and up to 60 percent or greater removal of phosphorus. The adverse impacts of urbanization on lake and strewn water quality can be reduced with wet ponds, when used in conjunction with many types of 8/25/93 Version 4 wetlands in proper manner. Wetlands can serve essentially as tertiary treatment to storm water runoff,provided the nutrient and sediment load of the runoff water receives adequate pretreatment in order to preserve a wetland's natural functions and values. In some cases this may mean only removing fine sands, in other cases it may mean the removing 95 percent of the sediment load of the runoff Subpart 1. - The Use of"Wet Ponds" in Meeting the Retention Requirement The treatment of storm water runoff from projects reviewed in accordance with any one of the following will meet the intent of the "water retention" requirement: a. Projects approved by a watershed management organization in the seven- county metropolitan area that certifies that the development conforms with its watershed management plan (Plan) adopted in conformance with Section 103B.231, provided the Plan specifies pond design standards for managing both water quality and quantity, b. Projects approved by a local governmental unit (LGU) in the seven-county metropolitan area that certifies that the development conforms with its local water plan adopted in conformance with Section 103B.235, provided the local water management plan specifies pond design standards for managing both water quality and quantity. c. Projects approved by a local governmental unit outside the seven-county metropolitan area that certifies the development conforms with the county comprehensive local water management plan (Plan), approved and adopted in conformance with Section 103B.325, provided the BWSR's approval of said Plan included certification that the Plan is compliant with Section 1038.3365, d. Projects approved by a local governmental unit within the seven county metropolitan area that has adopted and is enforcing local controls relating to storm water design and erosion control consistent with (at a minimum) Parts 8.1 to 8.16 of the Metropolitan Council's model ordinance developed as a component of the Council's Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies (See Attachment B of these Guidelines). e. Projects authorized by a permit from the Minnesota Pollution Control Agency, or certified by a local governmental unit to be compliant with local controls adopted to carry out a program delegated to the local unit of government by the MPCA. 8/25/93 Version 5 f. When items a) through e) are not applicable, projects which provide for wet detention ponds that are certified by a local governmental unit to be compliant with the following minimum design criteria are compliant with MS 103B.3365: Commentary: Some of the design criteria contained in Part IV., Subpart 1, item f may be better suited to be applied to regional detention facilities or where adequate space is available to meet the underlying safety, cost and water quality considerations. These criteria may not be suitable for storm water system retrofitting applications or where high value property is affected (ie. commercial property). 1. A permanent pool volume equal or greater than the sum of: a. 0.04 acre-feet per acre (0.5 " of rain per acre) of anticipated post-development impervious surface, added to: b. the volume of sediment expected to be trapped with respect to the anticipated maintenance schedule. 2. A permanent pool area equal to or greater than 2 percent of the impervious watershed area. 3. An average permanent pool depth above the design elevation reserved for sediment storage greater than 4 feet deep and less than 10 feet deep . The average pool depth may be less where the outlet control is designed specifically to provide for a continuous, graduated discharge to remove all suspended solids greater than 5 microns with a settling velocity of 1.3 X 10-4 feet per second. 4. Where site conditions allow, a pond length to width ratio of 3 to 1 or greater. 5. Provision of outlet controls that provide rate control for the 2-year, 10-year and 100 year critical storm events that replicate pre- development rates or less. 6. Provision for a maintenance plan to be recorded with the property or an access easement conveyed in favor of the local government which allows access and maintenance. 7. Where site constraints limit the ability to strictly adhere to items 1, 2, 3, or 4, the permanent pool volume, depth or area may be reduced, provided the outlet control is designed to release the recommended pool volume a steady rate over a 24 hour period. 8. Where feasible, provision for a slope equal to or flatter than 1 foot vertical to 10 feet horizontal down to a depth of 1 foot and a slope no steeper than 1 foot vertical to 3 feet horizontal, thereafter. Commentary: In addition to the criteria contained in item f., above, local governmental units are strongly encouraged to consider requiring the following optional criteria to maximize the benefits of a wet detention pond These criteria can provide 8/25/93 Version 6 additional benefits to the community in terns of increased wildlife habitat, public safety, lessen maintenance cosh and enhance the efficiency of the treatment of stonn water runoff 1. Provision for splitting the pond into one or more cells if the site conditions allow for such partitioning. 2 Provision for a protective vegetative buffer strip above and surrounding the pennanent pool that is at least 16.5 feet wide (1 rod). 3. Provision for a skimming device at the outlet that prevents floatable materials from discharging from the pond 4. Provision for a forebay area or sump at each inlet to trap coarse sediments to allow for easier partial maintenance operations to extend the sediment storage design life of the basin. Subpart 2. - Alternative Methods of Storm Water Retention When the local governmental unit (LGU) has determined that Subpart 1 is not applicable, alternative methods of meeting the storm water retention requirement may be allowed by the LGU. These methods include the following alternatives. a. Natural wetlands may only be used as an alternative method of retention if: 1. all necessary permits are received from the Department of Natural Resources if the impacted wetland is a public water; 2. the wetland is designated as a water quality treatment area in a BWSR approved water management plan or the practice is specified as a permitted practice in a BWSR approved water management plan and the local governmental unit is abiding by the provisions of the 1991 Wetland Conservation Act (WCA) ; 3. a sediment trapping device or area is installed prior to discharge into the wetland that is designed to trap sediments 0.05 millimeters in size or greater with a trap volume size based upon a prescribed maintenance schedule; 4. an easement is provided to the LGU to allow for proper maintenance of the sediment trap and any outlet control device; 5. a maintenance plan is in place that defines the frequency of maintenance, who is responsible for the maintenance and how the work will be accomplished and recorded with the property, if the property is not in public ownership; 6. the natural outlet control elevation of the wetland, if it is not a public water, is not changed except when either a) the outlet is intended to restore the wetland to its original elevation, b) the wetland basin is landlocked and the artificial outlet control is placed 8/25/93 Version 7 no lower than 1.5 feet below the ordinary high water mark, g,1 the proposed level control is identified in a state approved comprehensive wetland/watershed management plan, or d) the level change is approved by a technical evaluation panel convened pursuant to the WCA; 7. the water level fluctuation from storm water is not increased over what occurs naturally, except as provided for in 6., c), above; and 8. the wetland is not a protected fen or is designated for special protection in a water management plan. Commentary: Research has shown that some types of natural wetlands provide for treatment of storm water to varying degrees. In fact; the Metropolitan Water Management Act and Minnesota's Shoreland Management Rules actually promotes the use of wetlands for storm water treatment. Research has also shown that storm water can significantly impair or destroy a wetland's other functions and values. The message here is that great care should be taken when a community chooses to incorporate its wetlands into its storm water management plan. The BWSR encourages local governmental units to integrate the use of wetlands into their water management plans in order to balance the loss of wetland functions and values in conjunction with their overall management goals. At a minimum, some level of pretreatment" should be provided prior to the discharge of storm water into a wetland The forgoing section attempts to define what might meet this concept. b. "Dry" ponds, contructed wetlands, infiltration ponds, infiltration trenches, grassed swales, pervious pavement, and any other BMP proposed to retain runoff may be allowed when designed in accordance with the most recent version of the Minnesota Pollution Control Agency publication entitled "Protecting Water Quality in Urban Areas". Part V. - Options for Local Governmental Units That Do Not Have Adequate Controls or Water Management Plans That Meet the Intent of MS 103B.3365. Subpart 1. Local governmental units may adopt and enforce an ordinance which references all or specific parts of the model ordinance developed by the Metropolitan Council included herein as Attachment B. At a minimum Parts 8.1 to 8.16 of Attachment B should be adopted by reference. Subpart 2. Local governmental units may adopt and enforce an ordinance that references existing published standards and criteria for erosion control and storm water design to apply to existing local requirements for grading and filling permits, 8/25/93 Version 8 • development permits and plat approvals. Below are listed some existing publications that contain acceptable standards and criteria: a. Acceptable standards and criteria for erosion control. 1. Minnesota Board of Water and Soil Resources, 1988. Minnesota Construction Site Erosion Control Planning Handbook 2. Minnesota Pollution Control Agency, 1989. Protecting Water Quality in Urban Areas. b. Acceptable standards and criteria for storm water design. 1. Minnesota Pollution Control Agency, 1989. Protecting Water Quality in Urban Areas. 2. Walker, W. W., 1987. Design Calculations for Wet Detention Ponds. Prepared for St. Paul water Utility and Vadnais Lakes Area Water Management Organization. 3. Pitt, Robert E., and Voorhees, John, 1991. A Water Quality Detention Pond Analysis and Design Program. Subpart 3. Local governmental units may adopt and enforce unique, free standing controls for erosion control and design of storm water facilities that recognize local conditions, provided they are equivalent to the standards and criteria listed in the publications cited in Subparts 1 and 2, above. Commentary: When developing its own unique ordinance for erosion control and storm water design, the local governmental unit must take care to avoid conflicts with existing laws and rules relating to wetlands protection and water quality. In all cases, the goal should be to avoid or minimize increases in pre- development runoff rates and discharges of nonpoint pollutants, to the greatest practical extent. There should also be recognition of high value downstream receiving waters and note that local conditions and water quality management goals may require more restrictive standards (ie longer retention times). This can most effectively be accomplished through comprehensive watershed planning under the provisions of Minnesota Statutes 103B and 103D. Attachment C is.a graphic showing the percent removal of typical storm water contaminants as related to retention time. This relationship of retention time and efficiency of removal of pollutants should be considered when establishing water quality management goals for specific individual water bodies in a community. 8/25/93 Version 9 ATTACHMENT A MS 103B.3365 Water retention Subdivision 1. Impervious surface over one acre. New development that covers or replaces surface vegetation with an impervious surface of one acre or more may not take place without water retention devices or areas being required for the development site by the local unit of government. Subd. 2. Exemptions. Linear projects such as sidewalks, paths, trails, and the reconstruction, repair, reconditioning, or resurfacing of existing roads or impervious surfaces are exempt from this section. Subd. 3. Application. This section does not preclude a local unit of government from imposing more stringent requirements authorized by law on the development site. Subd. 4. Local water plans. Each water management plan required by sections 103B.201 to 103B. 355 must specify controls that utilize the best available technology to minimize off-site stormwater runoff, maximize overland flow and flow distances over surfaces covered with vegetation, increase on-site infiltration, replicate predevelopment hydrologic conditions as nearly as possible, minimize off-site discharge of pollutants to ground and surface water, encourage natural filtration functions, and reduce mosquito breeding habitat. Subd. 5. Guidelines. By January 1, 1992, the board of water and soil resources must develop guidelines to assist local units of government in implementing subdivision 1. Laws 1991, c. 160, eff. Jan. 1, 1992. ATTACHMENT B 121/93 METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 291-6359 TDD 612 291-0904 MODEL STORM WATER MANAGEMENT ORDINANCE The model storm water management ordinance should assist communities in the Twin Cities metropolitan area in implementing the Metropolitan Council's Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies. The Council adopted the strategy for the Minnesota River Basin,effective September 30, 1992,and for the remainder of the metropolitan area effective January 1, 1993. The strategy includes three essential requirements. These requirements are important components to addressing the water quality problems caused by nonpoint source pollution in the metropolitan area. The first requirement is that local governments throughout the metropolitan area must adopt design standards for new storm water ponds that will reduce the contaminant loadings from surface water runoff. One set of design criteria that is widely accepted is from the National Urban Runoff Program (NURP). The second requirement is that local governments in the metropolitan area must also follow the urban "best management practices" as outlined in Protecting Water Quality in Urban Areas, published by the Minnesota Pollution Control Agency, or an equivalent set of standards. Sections 8.1 through 8.16 of the model ordinance detail suggested design criteria and best management practices. These sections form the heart of the ordinance. The remaining sections of the model ordinance are not as critical. The remaining sections essentially establish a process for the implementation of the design criteria and best management practices. The third requirement is that all local governments in the metropolitan area must adopt the Minnesota Department of Natural Resources shoreland regulations. These regulations are found in Statewide Standards For Management of Shoreland Areas published by the Minnesota Department of Natural Resources. The Minnesota Department of Natural Resources has established a timeline and format for the adoption of the shoreland regulations. The model ordinance does not address the shoreland regulations. Local governments should work with the Minnesota Department of Natural Resources to determine the most effective way to implement the shoreland regulations. The model ordinance is intended to be a resource for communities to use in adopting official controls which are consistent with design standards for new storm water ponds which will reduce the contaminant loadings from surface water runoff and which are consistent with the"best management practices" for land development with respect to storm water runoff. The ordinance provides a comprehensive approach to addressing the issue of storm water runoff. It is impossible to draft a model ordinance to fit perfectly into all of the innumerable varieties of regulatory programs that exist at the local government level. The ordinance is designed to be adapted to the unique characteristics of each local government organization. The ordinance could be combined with or replace existing ordinances,such as erosion control ordinances,which address issues covered by the model ordinance. It is presumed that some provisions of the ordinance will be modified or possibly even rejected altogether. Other provisions may have to be added. The ordinance can be used as a "checklist" by local governments to analyze the adequacy of existing controls. If a local government determines that a major element,such as inspection and maintenance, is missing from existing controls, that section could be taken from the model ordinance and added to existing controls. The ordinance requires that every applicant for a building permit, subdivision approval, or for any permit which would allow any change of the land surface including removing vegetative cover, excavating, filling,grading, and the construction of any structure prepare a storm water management plan. Structures are defined as anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas. There are limited exemptions to the ordinance. Storm water management plans must include detailed information regarding the existing conditions of the site and immediately adjacent areas, a construction plan outlining storm water management practices during construction and a plan of the final site conditions. The storm water management plans must meet certain standards detailing construction practices which control runoff and design standards for the construction, use, and maintenance of storm water management facilities. The ordinance also includes regulations with respect to the use of lawn fertilizer. ORDINANCE NO. STORM WATER MANAGEMENT ORDINANCE AN ORDINANCE PROMOTING THE HEALTH, SAFETY AND GENERAL WELFARE OF THE CITIZENS OF MINNESOTA, BY AMENDING THE ZONING ORDINANCE, ADOPTING NEW SECTIONS REQUIRING STORM WATER MANAGEMENT PRACTICES. 1. STATUTORY AUTHORIZATION This ordinance is adopted pursuant to Minnesota Statutes Section [462.351 for cities and towns, 394.21 for counties having a population of less than 300,000 according to the 1950 federal census] (1990). 2. FINDINGS The [City, County, Town] of hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands, natural habitat areas, areas subject to soil erosion and areas containing restrictive soils adversely affects the public health, safety and general welfare by impacting water quality and contributing to other environmental problems, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the [City, County, Town] of to provide adequate water, sewage, flood control, and other community services. In addition, extraordinary public expenditures may be required for the protection of persons and property in such areas and in areas which may be affected by unplanned land usage. 3. PURPOSE The purpose of this ordinance is to promote,preserve and enhance the natural resources within the [City, County, Town] of and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land disturbing and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land disturbing or-development activities proposed for such areas, thereby achieving a balance between urban growth and development and protection of water quality and natural areas. 4. DEFINITIONS For the purposes of this ordinance, the following terms, phrases, words, and their derivatives shall have the meaning stated below. When not inconsistent with the context,words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive. 4.1 Applicant. Any person who wishes to obtain a building permit, zoning or subdivision approval. 4.2 Control measure. A practice or combination of practices to control erosion and attendant pollution. 4.3 Detention facility. A permanent natural or man-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water. 4.4 Flood fringe. The portion of the floodplain outside of the floodway. 4.5 Floodplain. The areas adjoining a watercourse or water basin that have been or may be covered by a regional flood. 4.6 Roadway. The channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplain that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood. 4.7 Hydric soils. Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. 4.8 Hydrophytic vegetation. Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. 4.9 Land disturbing or development activities. Any change of the land surface including removing vegetative cover, excavating, filling, grading, and the construction of any structure. 4.10 Person. Any individual, firm, corporation, partnership, franchisee, association or governmental entity. 4.11 Public waters. Waters of the state as defined in Minnesota Statutes, section 103G.005, subdivision 15. 4.12 Regional flood. A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100-year recurrence interval. 4.13 Retention facility. A permanent natural or man made structure that provides for the storage of storm water runoff by means of a permanent pool of water. 4.14 Sediment. Solid matter carried by water,sewage, or other liquids. 4.15 Structure. Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures,earthen structures, roads, parking lots,and paved storage areas. 4.16 Wetlands. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition,wetlands must have the following three attributes: a) Have a predominance of hydric soils; b) Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and c) Under normal circumstances support a prevalence of such vegetation. ' [COMMENTARY: Many of the above definitions are derived from state law. A local government should insure that the definitions are also consistent with definitions in the local zoning code.] 5. SCOPE AND EFFECT ; 5.1 Applicability. Every applicant for a building permit,subdivision approval,or a permit to allow land disturbing activities must submit a storm water management plan to the [planning department, department of community development, zoning administrator]. No building permit,subdivision approval, or permit to allow land disturbing activities shall be issued until approval of the storm water management plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this ordinance. The provisions of section 9 of this ordinance apply to all land, public or private, located within the [City,Town, County] of 5.2 Exemptions. The provisions of this ordinance do not apply to: a) Any part of a subdivision if a plat for the subdivision has been approved by the [City Council, County Board, Town Board] on or before the effective date of this ordinance; b) Any land disturbing activity for which plans have been approved by the watershed management organization within six months prior to the effective date of this ordinance; c) A lot for which a building permit has been approved on or before the effective date of this ordinance; d) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; or e) Emergency work to protect life, limb, or property. 5.3 Waiver. The [City Council, Town Board, County Board], upon recommendation of the Planning Commission, may waive any requirement of this ordinance upon making a finding that compliance with the requirement will involve an unnecessary hardship and the waiver of such requirement will not adversely affect the standards and requirements set forth in Section 6. The [City Council,Town Board, County Board] may require as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct as may be necessary to adequately meet said standards and requirements. 6. STORM WATER MANAGEMENT PLAN APPROVAL PROCEDURES 6.1 Application. A written application for storm water management plan approval, along with the proposed storm water management plan, shall be filed with the [planning department, department of community development, zoning administrator] and shall include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted by right or as an exception in the underlying zoning district,and adequate evidence showing that the proposed use will conform to the standards set forth in this ordinance. Prior to applying for approval of a storm water management plan,an applicant may have the storm water management plans reviewed by the appropriate departments of the[city,town,county]. Two sets of clearly legible blue or black lined copies of drawings and required information shall be submitted to the [planning department, department of community development, zoning administrator] and shall be accompanied by a receipt from the [governmental unit's chief financial officer] evidencing the payment of all required fees for processing and approval as set forth in Section 7.5, and a bond when required by Section 7.4 in the amount to be calculated in accordance with that section. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. At a minimum the scale shall be 1 inch equals 100 feet. 6.2 Storm water management plan. At a minimum, the storm water management plan shall contain the following information. a) Existing site man. A map of existing site conditions showing the site and immediately adjacent areas, including: 1) The name and address of the applicant,the section,township and range,north point, date and scale of drawing and number of sheets; 2) Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving such information as the names and numbers of adjoining roads,railroads,utilities,subdivisions,towns and districts or other landmarks; 3) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than 2 feet; 4) A delineation of all streams, rivers,public waters and wetlands located on and immediately adjacent to the site,including depth of water,a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers; 5) Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where storm water collects; 6) A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable; 7) Vegetative cover and clearly delineating any vegetation proposed for removal; and 8) 100 year floodplains, flood fringes and floodways. b) Site construction plan. A site construction plan including: 1) Locations and dimensions of all proposed land disturbing activities and any phasing of those activities; 2) Locations and dimensions of all temporary soil or dirt stockpiles; 3) Locations and dimensions of all constructions site erosion control measures necessary to meet the requirements of this ordinance; 4) Schedule of anticipated starting and completion date of each land disturbing activity including the installation of construction site erosion control measures needed to meet the requirements of this ordinance; and 5) Provisions for maintenance of the construction site erosion control measures during construction. c) Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes including: 1) Finished grading shown at contours at the same f me proposed hanrval as idegesdobovtior as required to clearly indicate the relationship p p topography and remaining features; 2) A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location,type,size and description of all proposed landscape materials which will be added to the site as part of the development; at 3) A drainage ateplan ow the developed conveyed from delineating the site and setting forth e he what rate storm water areas of the site where storm water will be allowed to collect; 4) The proposed size,alignment and intended use of any structures to be erected on the site; 5) A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used; and 6) Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project. 7. PLAN REVIEW PROCEDURE 7.1 Process. Storm water management plans meeting the requiremen s of Section 6 shall zonbe o submitted by the [planning department, department community development, ng administrator] to the Planning Commission for review in accordance with the standards of Section 8. The Commission shall recommend approval,recommend approval with conditions, or recommend denial of the storm water management plan. Following Planning Commission action, the storm water management plan shall be submitted to the [City Council, Town Board, County Board] at its next available meeting. [City Council, Town Board, County Board] action on the storm water management plan must be accomplished within 120 days following the date the application for approval is filed with the [planning department, department of community development, zoning administrator]. [COMMENTARY: The process outlined in Section 7.1 can be modified to be consistent with the regulatory process of the particular local government unit. For example, one local government may have a particular department which reviews land use regulatory matters except the final decision to approve or deny a land use plan or permit which is reserved for the governing body of the local government unit. Another local governmental unit may provide the department which reviews land use regulatory matters with full authority to take final action on the application. Other local governments may use a hybrid process where some permits are acted upon by the appropriate regulatory department while other land use matters are left to the governing body for final approval.] 7.2 Duration. Approval of a plan submitted under the provisions of this ordinance shall expire one year after the date of approval unless construction has commenced in accordance with the plan. However, if prior to the expiration of the approval, the applicant makes a written request to the [planning department, department of community development, zoning administrator] for an extension of time to commence construction setting forth the reasons for the requested extension, the planning department may grant one extension of not greater than one single year. Receipt of any request for an extension shall be acknowledged by the [planning department, department of community development, zoning administrator] within 15 days. The [planning department, department of community development, zoning administrator]shall make a decision on the extension within 30 days of receipt. Any plan may be revised in the same manner as originally approved. 7.3 Conditions. A storm water management plan may be approved subject to compliance with conditions reasonable and necessary to insure that the requirements contained in this ordinance are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of structures, drainage facilities, storage basins and other facilities, require replacement of vegetation, establish required monitoring procedures,stage the work over time,require alteration of the site design to insure buffering, and require the conveyance to the [City, Town, County] of or other public entity of certain lands or interests therein. 7.4 Performance bond. Prior to approval of any storm water management plan, the applicant shall submit an agreement to construct such required physical improvements, to dedicate property or easements, or to comply with such conditions as may have been agreed to. Such agreement shall be accompanied by a bond to cover the amount of the established cost of complying with the agreement. The agreement and bond shall guarantee completion and compliance with conditions within a specific time,which time may be extended in accordance with Section 7.2. The adequacy, conditions and acceptability of any agreement and bond shall be determined by the [City Council, Town Board, County Board] or any official of the [City, Town, County] of as may be designated by resolution of the [City Council, Town Board, County Board]. 7.5 Fees. All applications for storm water management plan approval shall be accompanied by a processing and approval fee of$ 8. APPROVAL STANDARDS 8.1 No storm water management plan which fails to meet the standards contained in this section shall be approved by the [City Council, Town Board, County Board]. (COMMENTARY: Sections 8.2 through 8.16 are an example of how best management practices for handling storm water runoff and design criteria for detention ponds can be included within an ordinance. Additional best management practices and design criteria can be found in the MPGA publication "Protecting Water Quality in Urban Areas." 8.2 Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels or a wetland. 8.3 Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials)shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system. s 8.4 Tracking. Each site shall have graveled roads, cctrdrives ed onto public or private roadways. ing areas of sufficient width and length to prevent sediment from being ack Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday. 8.5 Drain inlet protection. All storm drain inlets shall ble, silt fenceected eq uringn�barr atom until control measures are in place with a straw eting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas. 8.6 Site erosion control. The following criteria (a. through d.) apply only to construction activities that result in runoff leaving the site. ed a) Channelized runoff from adjacent areas the channel shall beng through the site 1protectedt as around disturbed areas, if practical. Otherwise, described below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff rates of less than 0.5 ft./sec. across the disturbed area for the one year storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. b) All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. c) Runoff from the entire disturbed area on the site shall be controlled by meeting either subsections 1 and 2 or 1 and 3. 1) All disturbed ground left inactive for fourteen or more days shall be stabilized by seeding or sodding (only available prior to September 15)-or by mulching or covering or other equivalent control measure. 2) For sites with more than ten acres disturbed at one time,or if a channel originates in the disturbed area,one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least one percent of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth use erosion three t. The along theln discharge rate shall also discharge channel or the be sufficiently low as to not receiving water. 3) For sites with less than ten acres disturbed at one time,silt fences,straw bales,or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use equivalent control measures must include a maintenance and inspection schedule. d) Any soil or dirt storage piles containing more than ten lethan yards of f mom the toe aterial should not be located with a downslope drainage length o of the pile to a roadway or drainage channel. If remaining for more than seven days,they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or silt fence barriers around the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainagechannel must be covered with tarps or suitable alternative control, if exposed for more seven days, and the stormdrain inlets must be protected with straw bale or other appropriate filtering barriers. 8.7 Storm water management criteria for permanent facilities. a) An applicant shall install or construct, on or for the proposed land disturbing or development activity, all storm water management facilities necessary to manage increased runoff so that the two-year, ten-year,and 100-year storm peak discharge rates existing before the proposed development shall not be increased and accelerated channel erosion will not occur as a result of the proposed land disturbing or development activity. An applicant may also make an in-kind or monetary contribution to the development and maintenance of community storm water management facilities designed to serve multiple land disturbing and development activities undertaken by one or more persons, including the applicant. b) The applicant shall give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. c) The following storm water management practices shall be investigated in developing a storm water management plan in the following descending order of preference: 1) Natural (infiltration of runoff precipitation on-site, available-fer-ase; [COMMENTARY: The purpose of this provision is to encourage the development of a storm water management plan that encourages natural infiltration. This includes providing as much natural or vegetated areas on the site as possible, minimizing im,ervious su aces and directin: runol to ve:etated areas rather than to ad'oinin, streets. storm sewers and ditches.] 2) Flow attenuation by use of open vegetated swales and natural depressions; 3) Storm water retention facilities; and 4) Storm water detention facilities. d) A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subsection (a) above. Justification shall be provided by the applicant for the method selected. &8 Design standards. Storm water detention facilities constructed in the [City, Town, County] of shall be designed according to the most current technology as reflected in the MPCA publication "Protecting Water Quality in Urban Areas", and shall contain, at a minimum, the following design factors: a) A permanent pond surface area equal to two percent of the impervious area draining to the pond or one percent of the entire area draining to the pond,whichever amount is greater; b) An average permanent pool depth of four to ten feet; [COMMENTARY:An alternative to subsections (a) and (b) would be to require that the volume of the permanent pool be equal to or greater than the runoff from a 2.0-inch rainfall for the fully developed site.] c) A permanent pool length-to-width ratio of 3:1 or greater; d) A minimum protective shelf extending ten feet into the permanent pool with a slope of 10:1, beyond which slopes should not exceed 3:1; e) A protective buffer strip of vegetation surrounding the permanent pool at a minimum width of one rod (16.5 feet)[this width is consistent with the draft rules developed by the Board of Water and Soil Resources under the Wetland Conservation Act of 1991]; 1) All storm water detention facilities shall have a device to keep oil, grease, and other floatable material from moving downstream as a result of normal operations; g) Storm water detention facilities for new development must be sufficient to limit peak flows in each subwatershed to those that existed before the development for the 10 year storm event. All calculations and hydrologic withgithstorm mwodels/information management planetermining peak flows shall be submitted along h) All storm water detention facilitiesmust have rse eoforebay ebge y tobasiremove coarse-grained particles prior to discharge into a 8.9 Wetlands. a) Runoff shall not be discharged directly into wetlands without presettlement of the runoff. b) A protective buffer strip of natural vegetation at least one rod (16.5 feet)in width shall surround all wetlands. [Thisconsistent the Wetland ConservationrAcrules t of 1991.]eloped the Board of Water and Soil Resources under c) Wetlands must not be drained or filled,wholly or partially,unless replaced by restoring or creating wetland areas of at least equal public value. Replacement must be guided by the following principles in descending order of priority: 1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; 2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; 3) Rectifying the impact by repairing,rehabilitating,or restoring the affected wetland environment; 4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and 5) Compensating for the impact by replacing or providing substitute_wetland resources or environments. [Compensation, including the replacement ratio and quality of replacement should be consistent with the requirements outlined in the rules which will be adopted by the Board of Water and Soil Resources to implement the Wetland Conservation Act of 1991.] 8.10 Steep slopes. No land disturbing or development activities shall be allowed on slopes of 18 9.4 Buffer zone. Fertilizer applications shall not be made within one rod (16.5 feet) of any wetland or water resource. [This distance is consistent with the draft rules developed by the Board of Water and Soil Resources under the Wetland Conservation Act of 1991.) 10. PENALTY than Any person, firm or corporation ordinancevioland sseparate offenseshall be fined nt lshall be five dollars nor more than five hundred dollars for each offense, deemed committed on each day during or on which a violation occurs or continues. 11. OTHER CONTROLS In the event of any conflict between the provisions of this ordinance and the provisions of an erosion control or shoreland protection ordinance adopted by the[City Council,Town Board,County Board], the more restrictive standard prevails. 12. SEVERABILITY The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid,such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application 13. EFFECTIVE DATE This ordinance shall be effective the_—day of , 199 BIBLIOGRAPHY FOR MODEL STORM WATER MANAGEMENT ORDINANCE Minnesota Pollution Control Agency,Division of Water Quality, Protecting Water Quality in Urban Areas: Best Management Practices for Minnesota (1989). Wisconsin Department of Natural Resources,"Model Construction Site Erosion Control Ordinance," Wisconsin Construction Site Best Management Practice Handbook (1987). Metropolitan Council,Environmental Protection: Model Ordinances for Use by Local Governments (1977). Matthews, Municipal Ordinances, §§ 52.09, 52.10 (Cumulative Supplement, 2d Ed.). k ATTACHMENT C • iI . . , . A• : • N •� • 2 • l c • ca 1 CD01 e • 1 0 0 . • 1\ : 0 ,, • � • • aci � � vi I S • I\ 1 I CD la (. I I, :4-' '''' E s CD i a . 1 1 12 N C CO co1 1 O C • V) • , • N .• ‘) co Q 0 • • a 3 mv� _ % m _ C • IV 'tN .. g 1, t• \ I • l • 4- o ♦ • • E . 0 0 0 Com) CO CO It) d Cly) N . 0 •- (%) IEnowe Iti WASHINGTON SOIL AND WATER NVCONSERVATION DISTRICT `, � 1825 Curve Crest Blvd.,Room 101 (61ll)4 9- 61MN 55082 . - 1111111 (612)439.6361 MINNESOTA inkli . SOIL AND WATER- CONSERVATION DISTRICTS • R September 27, 1993 TO: Browns Creek WMO Members FROM: Tim F dbo, Washington SWCD RE: Valley Branch Watershed District ' s Plan, Sunnybrook Lake Outlet To Browns Creek • • Enclosed please find a copy of t. - - - - -rials that we discussed at our meeting on -- -..-r 22, 1• ' Please review them so we can discu hem again at you next meeting, which is scheduled .r November 17th. { In addition, I was contacted by r. -'i- --- d, Chair of the VBWD, on September 24th. The watershed is currently . considering some emergency pumping from the Sunnybrook area • to alleviate the flooding before winter freeze-up. They want . to outlet to Browns Creek. I plan on consulting with the DNR fisheries people about this to ascertain what, if any, impacts this could have on the trout fishery. The other concerns I have are that the pump outlet not cause f any erosion problem or downstream flooding problems. I discussed this with Mr. Dornfeld and he assured me that they are planning a low flow pumping rate, so, there should not be a problem. The VBWD engineer is currently working on the plan for temporary pumping, and will be contacting- me. 1 • Please contact me at 439-6361 if you have* any questions. i AN EQUAL OPPORTUNITY EMPLOYER CITY OF OAK PARK HEIGHTS i,L ,A17A MINNESOTA STAR CITY January 27, 1993 TO WHOM IT MAY CONCERN: The City o6 Oak Panfz Height has adopted the State o6 M.inneis ota. weteand nuLa by agneemen . Thus wit o6 government adma,ni4te'rs the &tate negwvtement . La Vonne W J Aon Adm i.vi i sfilcaton/TM Aunen 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 ,i i ` t„,--,,_. 11 Vire_ (' 61792 - October 12, 1992 ire- U --- Mines to To: Watershed Management Organizations Board of WMO Technical Advisors Water&Soil City Planners Resources Soil ane ,'iter Conservation Districts From: 4.-.-i's . ick, Executive Director Southbridge Office Building Board of Water and Soil Resources 155 South Wabasha St.,Suite 104 St.Paul,Minnesota 55107 (612)296-3767 Subject: Metro Local Water Management Rules Fax(612)297-5615 Enclosed is a copy of rules which were recently adopted by the Board of Water and Soil Resources (BWSR) relating to watershed management in the seven county metro area. The rules are the result of over a year of effort dYa 42 re tiomembero thcontent of thadvisory �tlee in Regional Offices providing guidance and Northwest Region Bemidji,1106 PaulMN 56601n Drive,NE The adoption of the rules was pursuant to Chapter 601 of the Laws of major items: 218-755.3963 1990 which directed the BWSR to address the following j Northeast Region 394 South Lake Avenue Roo um 403 th,MN 55802 1. the content of joint powers agreement, 218-723-4752 2. the content of watershed management plans, West Central Region 3. the content of local watershed plans, Brainerd,03 WashingtonNStreet014. annual reporting requirements of watershed management MN 56401 218-828-2604 organizations, and South Central Region 5. procedures for dealing with non-compliance. Box 756 New Ulm,MN 56073 507-359-6074 There are some near-term impacts of the rules on WMOs. For Southeast Region Friedel)Bldg.,Room 100 instance, all watershed management organizations (WMOs), including Broadway Rochmetro watershed districts, will have to submit annual financial and Rochesster,,MNMN 55904 507-285-7458 activity reports consistent with Part 8410.0150 of the rules within 120 Southwest Region days of the WMO's current fiscal year. Also, all WMOs created by Box 267 1400 E.Lyon Street joint powers agreements should note that they will need to revise their Marshall,MN 56258 507-537-6060 joint powers agreements by August 1, 1993 to be consistent with East Central Region current law and rule. Southbridge Office Building 155 South Wabasha St.,Suite 104 .Paul,MN 55107 612-296-3767 The impact the rules will have on a the content of a WMO's.watershed management plan will vary from WMO to WMO. Generally, if a . WMO has an approved "first generation" plan, the plan will have to be revised consistent with the rules according to the revision schedule adopted in the plan. However, many WMOs may want to revise their "first generation" plan sooner for a number of reasons. The BWSR encourages this to occur at the soonest practical time. An Equal Opportunity Employer Page 2 Oct. 12, 1992 The content of local watershed plans of cities and towns will be affected by these rules primarily to the extent the WMO plans affecting the city are compliant with the plan content portion of the rule. The rules will provide more consistency in metropolitan watershed plan implementation in the future. Primarily they will define the roles of involved local governments, set priorities of implementation, and enhance coordination of state, local and private interests. The BWSR recently established a metropolitan regional field office with the aim to provide a more proactive approach to assisting WMOs, soil and water conservation districts and other local governments with watershed plan revisions, grant and cost share programs and implementation of the wetland conservation act. Below is a brief account of the staff assigned to the metropolitan region and their backgrounds. Bruce Sandstrom, Regional Supervisor. 15 years experience with the DNR, Division of Waters involving public waters permits; floodplain, shoreland and wild and scenic river zoning and the national flood insurance program, eight years of which were at field offices in the DNR Metro Region and Region 3. Three and 1/2 years as BWSR's metro water plan coordinator. BS degree in Fisheries Biology and Masters of Agriculture in Ag. Engineering Technology. Certified as a Professional Hydrologist by the American Institute of Hydrology. Barbara Ohman, Board Conservationist. Former District Administrator of the Dakota Soil and Water Conservation District. Experience as the Conservation Administrator for the Town of Lincoln, Massachusetts involving wetland delineation and program administration. BS in Biology and Environmental Studies from Boston College. James Haertel, Board Conservationist. Five years with DNR, Division of Waters in Rochester and Lake City as Area Hydrologist involving public waters permits; floodplain, shoreland and wild and scenic river zoning. Nine years with the National Weather Service as a hydrologist involved in hydrologic modeling and flood forecasting; eight of which were in Anchorage, Alaska. BS in Forestry and MS in Forest Hydrology. Please feel free to direct any questions you may have with respect to these rules to any of our Metro Region field staff at 297-4958. End cc Board Members Select BWSR Staff a:rulemail.ltr • Minnesota Rules Chapter 8410 Metropolitan Area Local Water Management Adopted May 27, 1992 Effective August I, 1992 Minnesota Board of Water and Soil Resources 155 South Wabasha St. , Suite 104 St. Paul, MN 55107 r 612/296-3767 411 CHAPTER 8410 BOARD OF WATER AND SOIL RESOURCES LOCAL WATER MANAGEMENT METROPOLITAN AREA LOCAL WATER MANAGEMENT 8410.0010 SCOPE page 1 8410.0020 DEFINITIONS page 2 8410.0030 CONTENT OF JOINT POWERS AGREEMENTS . . page 4 8410.0040 REMOVAL OF ORGANIZATION REPRESENTATIVES page 5 CONTENT OF WATERSHED MANAGEMENT ORGANIZATION PLANS 8410.0050 EXECUTIVE SUMMARY page 5 8410.0060 LAND AND WATER RESOURCE INVENTORY . . . page 5 8410.0070 IMPACT ON OTHER UNITS OF GOVERNMENT . . page 8 8410.0080 ESTABLISHMENT OF GOALS AND POLICIES . . page 9 8410.0090 ASSESSMENT OF PROBLEMS page 10 8410.0100 IMPLEMENTATION PROGRAM page 11 8410.0110 IMPACT ON LOCAL GOVERNMENT page 15 8410.0120 IMPLEMENTATION PRIORITIES page 15 8410.0130 IMPLEMENTATION COMPONENTS page 15 8410.0140 PLAN CONTENTS; AMENDMENTS page 16 8410.0150 ANNUAL REPORTING REQUIREMENTS page 17 411 CONTENT OF LOCAL PLANS 8410. 0160 GENERAL STRUCTURE page 19 8410. 0170 STRUCTURE page 19 8410.0180 DETERMINATIONS OF FAILURE TO IMPLEMENT page 21 s • CHAPTER 8410 BOARD OF WATER AND SOIL RESOURCES LOCAL WATER MANAGEMENT METROPOLITAN AREA LOCAL WATER MANAGEMENT 8410.0010 SCOPE. 8410.0020 DEFINITIONS. 8410.0030 CONTENT OF JOINT POWERS AGREEMENTS. 8410.0040 REMOVAL OF ORGANIZATION REPRESENTATIVES. CONTENT OF WATERSHED MANAGEMENT ORGANIZATION PLANS 8410.0050 EXECUTIVE SUMMARY. 8410.0060 LAND AND WATER RESOURCE INVENTORY. 8410.0070 IMPACT ON OTHER UNITS OF GOVERNMENT. 8410.0080 ESTABLISHMENT OF GOALS AND POLICIES. 8410.0090 ASSESSMENT OF PROBLEMS. 8410.0100 IMPLEMENTATION PROGRAM. 8410.0110 IMPACT ON LOCAL GOVERNMENT. 8410.0120 IMPLEMENTATION PRIORITIES. 8410.0130 IMPLEMENTATION COMPONENTS. 8410.0140 PLAN CONTENTS; AMENDMENTS. 8410.0150 ANNUAL REPORTING REQUIREMENTS. (FENT OF LOCAL PLANS 8410.0160 GENERAL STRUCTURE. 8410.0170 STRUCTURE. 8410.0180 DETERMINATIONS OF FAILURE TO IMPLEMENT. METROPOLITAN AREA LOCAL WATER MANAGEMENT 8410.0010 SCOPE. Subpart 1. Application. Upon adoption, parts 8410.0010 to 8410.0180 apply to the general administration of metropolitan watershed management activities and to amendments to existing plans made after January 1, 1995. If no plan has been submitted to the board by August 3, 1992, any plan thereafter submitted must be in compliance with parts 8410.0010 to 8410.0180. A watershed management organization must amend its plan consistent with parts 8410.0010 to 8410.0180 and submit amendments to the board according to its amendment schedule and amendment procedures outlined in part 8410.0140, but not later than ten years from the date of initial plan approval. Subp. 2. Failure to implement plans. When the board determines that a plan is not being properly implemented under an action initiated according to part 8410.0180, and there is reason to believe that an improved plan would lead to improved water management, the board may direct the responsible authorities to develop an amended plan within a reasonable time frame. In making this determination, the board must consider items including, but not limited to: A. when the plan was approved and adopted; 411/ B. the status of local plan development and adoption; 1 8410.0010 C. the scope and anticipated costs to amend; D. the availability of funds; and E. the potential short- and long-term adverse impacts on the natural resources of the affected watershed. SA: MS s 103B.101; 103B.211; 103B.231; 103B.227 HIST: 17 SR 146 • 8410.0020 DEFINITIONS. Subpart 1. Scope. The definitions in this part and in Minnesota Statutes, section 103B.205, apply to parts 8410.0010 to 8410.0180. Subp. 2. Board. "Board" means the Minnesota Board of Water and Soil Resources created by Minnesota Statutes, section 103B.101. Subp. 3. Capital improvement. "Capital improvement" means a physical improvement that is not directed toward maintenance of an in-place system during its life expectancy. Subp. 4. Metropolitan Council or council. "Metropolitan Council" or "council" means the Metropolitan Council as created by Minnesota Statutes, section 473.123. Subp. 5. Flooding problem. "Flooding problem" means a flooding problem that has been identified as a problem by the watershed management organization or local unit of government. Subp. 6. Groundwater plan. "Groundwater plan" means .a county plan adopted under Minnesota Statutes, section 103B.255. 41 Subp. 7. Local comprehensive plan. "Local comprehensive plan" has the meaning given "comprehensive plan" in Minnesota Statutes, section 473.852, subdivision 5. Subp. 8. Local government unit or unit. "Local government unit" or "unit" has the meaning given it in Minnesota Statutes, section 473.852, subdivision 7. Subp. 9. Metropolitan Water Management Act. "Metropolitan water management act" has the meaning given it in Minnesota Statutes, sections 103B.201 to 103B.255. Subp. 10. Minor plan amendments. "Minor plan amendments" means items such as recodification of the plan, revision of a procedure meant to streamline administration of the plan, clarification of the intent of a policy, the inclusion of additional data not requiring interpretation, or any other action that will not adversely affect a local unit of government or diminish a water management organization's ability to achieve its plan's goals or implementation program. Subp. 11. Minor watershed unit. "Minor watershed unit" means each of the approximately 5,600 minor watershed units delineated on the state watershed boundaries map prepared under the requirements of Laws 1977, chapter 455, section 33, subdivision 7, paragraph (a). Subp. 12. Metropolitan Urban Service Area or area. "Metropolitan Urban Service Area" or "area" has the meaning given on maps prepared by the Metropolitan Council. The latest all2 • 8410.0020 version of the map identifying the area is incorporated by reference and is subject to periodic change. The latest version of the map identifying the area is available from the state law library through the Minitex interlibrary loan system. The area is the seven-county metropolitan area that the council is committed by policy to provide regional planning for sanitary sewer, highway, transit, park, and airport facilities. Subp. 13. Natural surface water storage and retention systems. "Natural surface water storage and retention systems" means public waters and wetlands as defined in Minnesota Statutes, section 103G.005, subdivisions 15 and 19. Subp. 14. Official controls. "Official controls" has the meaning given, it in Minnesota Statutes, section 473.852. Subp. 15. Plan. "Plan" means the watershed management plan prepared by a watershed management organization or county as required by Minnesota Statutes, section 1038.231, subdivision 1. Subp. 16. Plan review authorities. "Plan review authorities" means the Metropolitan Council, the Department of Health, the Department of Natural Resources, the Pollution Control Agency, the Board of Water and Soil Resources, and counties, cities, towns, and soil and water conservation districts partially or wholly within the watershed management organization as defined in Minnesota Statutes, section 103B.231, subdivisions 7, 8, and 9. Subp. 17. Public waters. "Public waters" means waters of the state identified as public waters under Minnesota Statutes, section 103G.005, subdivision 15. Subp. 18. Seven-county metropolitan area. "Seven-county metropolitan area" means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, excluding the corporate boundaries of the city of New Prague. Subp. 19. Subwatershed unit. "Subwatershed unit" means a hydrologic area less than the entire area under the jurisdiction of a watershed management organization. Subp. 20. Watershed. "Watershed" means a drainage area with boundaries that are substantially coterminous with those of an aggregation of contiguous minor watershed units possessing similar drainage patterns and that cross the borders of two or more local government units. Subp. 21. Watershed district. "Watershed district" means a district established under Minnesota Statutes, chapter 103D. Subp. 22. Watershed management organization or organization. "Watershed management organization" or "organization" means: (1) a watershed district wholly within the metropolitan area; or (2) a joint powers entity established wholly or partly within the metropolitan area by special law or by agreement that performs some or all of the functions of a watershed district that has the characteristics and the • authority specified under Minnesota Statutes, section 103B.211. 3 8410.0020 • Counties may be watershed management organizations if a joint powers watershed management organization does not perform and the responsibility for plan preparation is deferred to the counties. Lake improvement or conservation districts are not watershed management organizations. Subp. 23. Wetlands. "Wetlands" means waters of the state identified as wetlands under Minnesota Statutes, section 103G.005, subdivision 19. Subp. 24. Wetland banking system. "Wetland banking system" means an accounting system established by a unit of government for the purpose of tracking and managing net losses and gains to wetland values that occur as a result of development. SA: MS s 103B.101; 103B.211; 103B.231; 103B.227 HIST: 17 SR 146 • 8410.0030 CONTENT OF JOINT POWERS AGREEMENTS. Subpart 1. Requirements. In addition to a description of any authorities adopted under the content requirements of joint powers agreements as outlined in Minnesota Statutes, section 103B.211, subdivision 1, joint powers agreements establishing a watershed management organization must, at a minimum, contain the following items: A. a purpose statement consistent with Minnesota Statutes, section 103B.201; B. a complete legal description defining the boundary of the organization; C. a requirement to adopt rules of order and procedure; D. a process for establishing an annual budget and work plan; E. a formula for determining each member's share of the annual operating budget; F. a statement of how member appointees are to be compensated; G. a procedure providing for the establishment of citizen and technical advisory committees or other means of public participation; H. a section defining the powers and duties of the organization; I. a section establishing the duties and terms of the officers of the organization; J. a notification process on the location and time of meetings; K. a section defining the voting requirements for decision making and capital improvements consistent with Minnesota Statutes, section 103B.211, subdivision 1, paragraph (c) ; L. a section outlining meetings to be scheduled at least annually; M. the process and responsibilities of the •• 4 • 8410.0030 organization and its members for filling vacancies consistent with Minnesota Statutes, section 103B.227, subdivisions 1 and 2; N. the duration of the agreement and a process for dissolution that provides for at least 90 days' notice of the intent to dissolve to the affected counties and the board; and O. a section defining how the membership will be represented, with the total number of representatives to be at least three. Subp. 2. Updating. Joint powers agreements must be updated if necessary to be in conformance with this chapter no later than July 27, 1993. Subp. 3. County membership. A county may be a member of a joint powers agreement organization when the conditions described in Minnesota Statutes, section 1038.211, subdivision 3, are present. SA: MS s 103B.101; 1038.211; 103B.231; 1038.227 HIST: 17 SR 146 8410.0040 REMOVAL OF' ORGANIZATION REPRESENTATIVES. A manager of a watershed district or a member of a joint powers board may be removed from the position by the appointing authority before term expiration for violation of a code of ethics of the watershed management organization or appointing ,• authority or for malfeasance, nonfeasance, or misfeasance, after being provided an opportunity for hearing before the appointing authority. Managers holding the position as an elected official who are not reelected, or are serving an indefinite term at the pleasure of the appointing authority, may be removed by the appointing authority at will. A decision of the appointing authority may be appealed to the Board of Water and Soil Resources. SA: MS s 103B.101; 103B.211; 103B.231; 103B.227 HIST: 17 SR 146 CONTENT OF WATERSHED MANAGEMENT ORGANIZATION PLANS 8410.0050 EXECUTIVE SUMMARY. Each plan must have a section entitled "Executive Summary." The summary should outline the purpose of the watershed management organization; the membership of the organization's board of managers; the general boundaries of the organization; a brief history of the organization; a summary of the organization's goals, problems, and potential solutions; and the general content of required local plans. SA: MS s 103B.101; 103B.211; 103B.231; 1038.227 HIST: 17 SR 146 • 8410.0060 LAND AND WATER RESOURCE INVENTORY. Subpart 1. Required. Each plan must contain an inventory • of water resource and physical factors affecting the water 5 8410.0060 • resources based on existing records and publications. If data publications and maps are available at a convenient central location, they may be included by reference. The plan must include a brief summary of the data and must identify where the publication can be obtained. At a minimum, the information in subparts 2 to 11 must be included in the plan. Subparts 2 and 4, item E, may be in the local plan instead of the watershed management organization plan. Subp. 2. Precipitation. Each plan must include precipitation data normally used in the seven-county metropolitan area for hydrologic and hydraulic design. Subp. 3. General geology and topographic data. Each organization plan shall contain a summary describing the general topographic relief, geology, aquifers, and all known groundwater and surface water connections. The summary should reference available publications and maps where data may be available in greater detail. A map defining appropriate subwatershed units within the organization must be included. Subp. 4. Surface water resource data. Necessary surface water data within the watershed includes: A. a map of the public waters and public ditch systems established under Minnesota Statutes, chapter 103D or 103E, including the location of existing dams and control structures; B. a copy of the National Wetlands Inventory Map produced by the United States Fish and Wildlife Service and, if considered useful by the organization, a copy of the Metropolitan Mosquito Control District Mosquito Control Wetland Inventory; C. either an inventory of the functional values of the wetlands present, a provision for a phased project to create the inventory within a given time frame, or the adoption of a specific process to identify the functional values on a case-by-case basis for the review of individual project proposals, all of which must be consistent with Minnesota Statutes, section 103B.3355; D. a table of the major hydrologic characteristics of public waters if provided by the Department of Natural Resources in a format that can be readily incorporated in a plan; E. maps showing the areas served by each existing stormwater system that identify existing stormwater ponds and the location of all stormwater outfalls; F. a table summarizing available information on the 100-year flood levels and peak discharges of existing and proposed stormwater ponds and flood profile information that corresponds to the peak discharges of channelized flow passing through the watershed. The plan shall determine the need for additional data and recommend a schedule for the data. A discussion must also be provided relative to the consistency of the flood profile information developed as part of the411 6 • 8410.0060 stormwater management plan to that of any information published in a Federal Emergency Management Agency flood insurance study; G. a general discussion of, or a map showing areas of, known flooding problems not identified as flood-prone in a published flood insurance study; H. a listing of the existing flood insurance studies and a location of where they can be viewed; I. a summary of water quality data and any related information, if available, from the Pollution Control Agency, the Department of Natural Resources, the Department of Transportation, the Department of Health, the Metropolitan Council, the Metropolitan Waste Control Commission, the water management organization, the soil and water conservation district, and the affected counties and cities; J. a map or list, if available, showing the location of known existing and abandoned surface water quality and quantity monitoring sites; K. a list of municipalities with approved shoreland ordinances and projected completion dates for those without ordinances; and L. a table listing the amounts and locations of all surface water appropriations as permitted by the Department of Natural Resources and provided to the organization. Subp. 5. Groundwater resource data. Necessary groundwater data includes any data required to be included in the organization plan by a county groundwater plan. If a county groundwater plan is not anticipated to be completed, the organization plan must include groundwater data as necessary to allow groundwater issues to be addressed. Subp. 6. Soil data. Each organization plan must include a general discussion of the types of soil present, their development limitations, their infiltration characteristics, and their tendency to erode. The discussion must include a list of references where more detailed data are available. Subp. 7. Land use and public utility services. Necessary land use and public utility services information is limited to information that existed at the time the plan or plan amendment was developed, including: A. a general map of existing land uses; B. a general map showing anticipated land uses; and C. reference to the location of the metropolitan urban service area. Subp. 8. Water-based recreation areas and land ownership. Necessary information on water-based recreation areas and land ownership includes a map or a discussion of the location of all existing and proposed local, regional, state, and federal parks, preserves, wildlife areas, recreation areas, canoe routes, and water accesses available for use by the public. Subp. 9. Fish and wildlife habitat. Necessary information 410 on fish and wildlife habitat includes: 7 8410.0060 A. a list and description of the Department of Natural Resources ecological and management classifications for lakes and streams, where available; B. a list and description of the conclusions and recommendations of biological surveys or reconnaissance studies, where available; and C. a description of state management plans for fish and wildlife areas, where available. Subp. 10. Unique features and scenic areas. Necessary unique feature and scenic area information includes a map or a description or listing of unique features and scenic areas with relationships to water including state designated natural and scientific areas; areas containing county, state, and federal rare and endangered species; and other features such as waterfalls, springs, historic mills, and heritage elements identified by the Department of Natural Resources heritage program, to the extent it is available from the department. Subp. 11. Pollutant sources. Necessary information on pollutant sources includes a map or list from appropriate agencies of: A. known closed and open sanitary landfills, closed and operating open dumps, and hazardous waste sites identified under Minnesota Statutes, chapter 115A or 1158, and a summary of available water quality information relating to these sites; and B. feedlots, abandoned wells as defined by the Department of Health, registered underground and aboveground storage tank sites, permitted wastewater discharges, and a summary of available water quality information relating to these sites. If the information in this subpart is included in a county groundwater plan, the information can be excluded from the organization plan if suitable references are provided. SA: MS s 103B.101; 103B.211; 103B.231; 103B.227 HIST: 17 SR 146 8410.0070 IMPACT ON OTHER UNITS OF GOVERNMENT. During the development of its plan or plan amendments, each watershed management organization shall request a summary of the relevant water management policies and goals of each local, regional, and state review authority identified in Minnesota Statutes, section 103B.231, subdivisions 7, 8, and 9. The organization shall take into consideration the goals and policies of the review authorities when drafting the organization's goals and policies. The organization's plan shall clearly outline and justify anticipated inconsistencies between its goals and policies and those of the authorities who responded if the requested information is furnished within 45 days of the organization's request. SA: MS s 103B.101; 1038.211; 103B.231; 1038.227 HIST: 17 SR 146410 8 • 8410.0070 8410.0080 ESTABLISffiMENT OF GOALS AND POLICIES. Subpart 1. Plan contents. Each plan must contain specific goal statements and corresponding policies relating to the overall purposes specified in Minnesota Statutes, section 103B.201. The goals and policies of the watershed management organization shall attempt to avoid conflict with county, regional, or state goals and policies. The goals must be outlined in sufficient detail to provide direction regarding what the policies should accomplish, provide direction to the organization's board, and allow for the success or failure of the goals and policies to be quantified. The goals and policies should recognize the fundamental relationship between water quality and land use. Development of goals and policies must, at a minimum, address the issues in subparts 2 to 9. Subp. 2. Water quantity. Each plan must outline goals and policies describing how stormwater runoff will be managed. The maximum allowable peak runoff must be established for appropriate subwatersheds to the extent necessary to assure that the goals and policies of the organization will be met and address how runoff from developments creating more than one acre of new impervious surface will be managed with respect to Minnesota Statutes, section 103B.3365. The plan must describe the criteria used for defining "appropriate subwatersheds." Subp. 3. Water quality. Each plan must outline specific water quality goals and policies for natural surface water storage and retention systems within the organization. Goals should be related to parameters or quantities that can be measured. The relationship of land use to water quality should be considered when developing goals and policies. The goals and policies should be developed to strive for compliance with applicable water quality standards and be suitable for the intended uses of natural surface water storage and retention systems. Subp. 4. Recreation and fish and wildlife. Each plan must outline how water resource based recreational activities and wildlife interests will be protected or improved through the implementation of the plan. In consideration of these issues, the plan must determine whether there is a need to classify or prioritize individual water resources for management purposes. Subp. 5. Enhancement of public participation; information and education. Each plan must outline goals and policies describing who will participate and when public participation will be encouraged. Goals and policies must at least address the creation and purposes of advisory committees and public information programs. Subp. 6. Public ditch systems. If public ditch systems constructed under Minnesota Statutes, chapter 103D or 103E, are within the organization, the plan shall by policy define the organization's relationship to the ditch authority and recommend 411 whether or not there are advantages to managing the ditch 9 8410.0080 • systems under the Metropolitan Water Management Act and determine whether ditch maintenance activities have the potential of adversely impacting any goal of the organization. Subp. 7. Groundwater. If a county groundwater plan has not commenced at the time the plan or plan amendment is initiated, the organization shall assess the need and degree of involvement the organization has in groundwater management and establish appropriate goals and policies. Subp. 8. Wetlands. Each plan must outline specific goals and policies regarding the management of wetlands within the organization and identify high priority areas for wetland preservation, restoration, and establishment. Wetland management goals and policies should address utilization, protection and preservation, and the enhancement or restoration of wetlands identified in the organization. Each plan must also evaluate the need to establish a wetland banking system. Subp. 9. Erosion. Each plan must identify specific goals and policies that will control soil erosion consistent with the goals and policies outlined in this part. SA: MS s 1038.101; 1038.211; 1038.231; 1038.227 HIST: 17 SR 146 8410.0090 ASSESSMENT OF PROBLEMS. Each plan must contain an assessment of existing and potential water resource related problems using a combination of111 analysis of land and water resource data collected under part 8410.0060 and through the identification of existing or potential problems by residents or local, regional, or state agencies. During the development of the assessment, the watershed management organization shall request a brief assessment of existing problems affecting the organization from the plan review authorities, the Department of Transportation, and the Department of Agriculture based on data, plans, and other documentation in their possession. The organization should solicit comments from residents and local officials in the watershed district for information about problems that may be primarily local in nature. The organization's assessment shall include a discussion of the relationship of locally identified problems to problems identified by the plan review authorities, provided the information is received within 45 days of the organization's written request. The assessment of existing and potential problems as determined by the organization must, at a minimum, include the following topic areas: A. specific lakes and streams with water quality problems; B. flooding and stormwater rate control issues within and between communities; C. impacts of water quality and quantity management practices on recreation opportunities; 411 10 i8410.0090 D. impacts of stormwater discharges on water quality and fish and wildlife resources; E. impact of soil erosion on water quality and quantity; F. general impact of land use practices and, in particular, land development and wetland alteration on water quality and water quantity; G. the adequacy of existing regulatory controls to manage or mitigate adverse impacts on public waters and wetlands; H. the adequacy of programs to: (1) limit soil erosion and water quality degradation; (2) maintain the tangible and intrinsic values of natural storage and retention systems; and (3) maintain water level control structures; I. the adequacy of capital improvement programs to correct problems relating to: (1) water quality; (2) water quantity management; (3) fish and wildlife habitat and public waters and wetland management; and (4) recreational opportunities; and J. future potential problems that are anticipated to occur generally within a 20-year period based on growth projections and planned urbanization identified in local and regional comprehensive plans. The assessments must include a discussion of the relationship between locally identified problems and the problems and goals identified in county, regional, state, and federal plans that are brought to the attention of the organization. SA: MS s 103B.101; 1038.211; 1038.231; 103B.227 HIST: 17 SR 146 8410.0100 IMPLEMENTATION PROGRAM. Subpart. 1. Plan contents. Each plan must describe an implementation program consisting of nonstructural, structural, and programmatic solutions to the problems, issues, and goals identified under parts 8410.0080 and 8410.0090. In developing its implementation program, the requirements in subparts 2 to 7 must be followed. Each plan should clearly define the responsibility of the watershed management organization and the local units of government in carrying out the implementation program and further define the organization's role when a local unit of government is considering a variance or fails to implement its water resource management responsibilities. Subp. 2. Regulatory controls. In establishing required regulatory controls, items A to E must be considered. A. Each plan must provide for the regulation of activities in wetlands and specify respective duties of the 11 8410.0100 111 organization and local units of government. Each plan must describe local controls and procedures regarding carrying out the local government responsibilities under the Wetland Conservation Act of 1991, Laws 1991, chapter 354, and any rules adopted under it. Each plan must also define any other controls the organization has determined to be necessary to achieve its water management goals that may be more restrictive than those required by the Wetland Conservation Act of 1991, Laws 1991, chapter 354. The description must consider, where applicable, the following topics: (1) the relationship of the organization, state agencies, local soil and water conservation districts, and affected counties, cities, and towns with respect to authority, administration, and coordination; (2) designated repositories for required maps or inventories of wetlands; (3) procedures related to enforcement; (4) a description of local wetland banking programs and their relationship to a corresponding state program; and (5) the methods and procedures to be used in determining replacement of wetland values in mitigation proposals. B. The organization shall specify controls or programs to reduce erosion and sedimentation to receiving waters. In rural areas, agricultural crop land erosion may be controlled by implementing zoning ordinances consistent with part 6120.3300, subpart 7, and may include other water resources outside of designated shoreland areas as considered appropriate by the organization. Organizations affected by specific state laws requiring adoption of uniform countywide erosion and sediment control standards or programs must comply with those laws. Any other organization must either adopt by reference an existing set of erosion and sediment control guidelines or best management practices published by a county, a soil and water conservation district, the board, or the Pollution Control Agency, or establish comparable erosion and sedimentation guidelines of its own for the purpose of administering erosion controls. C. Each plan must specify controls that require all appropriate building permits, driveway permits, and grading permits to contain enforceable provisions to protect soil from erosion during and after construction, including sites for which approved erosion control plans are in place. D. Each plan must identify member local units of government that have failed to adopt and administer a Department of Natural Resources approved shoreland and floodplain ordinance where mandated by state law. If the plan notes that flood damage has occurred outside of mapped floodplains or a potential for flooding exists adjacent to stormwater facilities, the plan 110 12 { • 8410.0100 shall require the local unit of government to determine if additional local controls are necessary to address the situation. E. If a plan notes the existence of certain land uses that could adversely affect the organization's ability to achieve its water quality goals, and these uses cannot be properly managed or regulated with existing controls, the uses constitute a public nuisance according to Minnesota Statutes, section 609.74. In those cases, the plan must provide for the adoption of local controls to define and abate the nuisances. 4 For the purpose of this chapter, public nuisances may include any action, failure to act, or land use practice that would impair water quality if allowed to continue. Subp. 3. Stormwater and drainage design performance standards. Each plan must contain minimum standards and provide for appropriate controls for the design of new stormwater conveyance, ponding, and treatment systems consistent with the overall goals of the organization plan and consistent with Minnesota Statutes, section 103B.3365, subdivision 4. Included will be performance standards that provide for: A. the establishment of target in-lake nutrient concentrations and corresponding pollutant loadings for sediment and nutrients; B. the establishment of maximum permissible runoff • rates for selected design storms based on considerations such as existing and future flood levels and expected increases in runoff volume with respect to impacts on downstream channels and adjacent development; C. the establishment of standards to reduce the impacts of flooding on natural resources and personal and real property; D. the establishment of design criteria for stormwater outlet structures to address floatable pollutants and to provide for access for maintenance and repair; E. pond design methodology for nutrient entrapment consistent with the subwatershed goals; and F. compliance with pollutant loading for specific subwatersheds consistent with local, regional, and statewide plans in consideration of Pollution Control Agency water quality standards. Subp. 4. Information program. Each plan must provide for the publishing of at least one written communication per year identifying the representatives on the organization's board, current advisory committee members, how to contract the organization, its role in local water management, the goals and policies of the organization, when public meetings are held, how , the organization is financed, where the plan can be viewed, and other information relative to the implementation of the plan. The communication may be accomplished through the publication of a newsletter, publication of all or a portion of an annual • report, an article or news release submitted to a local 13 Y- 8410.0100 • newspaper widely distributed in the member communities, an attachment to a sewer or water bill, or other similar media format that annually reaches the general population. Subp. 5. Data collection programs. A. Each plan must establish water quality and quantity monitoring programs that are capable of producing accurate data to the extent necessary to determine whether the water quality and quantity goals of the organization are being achieved. The programs shall, at a minimum, include the location of sampling, the frequency of sampling, the proposed parameters to be measured, and the requirement of periodic analysis of the data. B. Each plan should encourage all units of government collecting water quality and quantity management data to annually submit the data consistent with state compatibility guidelines to the organization and other appropriate state agencies for entry into public access data bases. Subp. 6. Management programs. Each organization plan must assess or require local plans to assess the need for periodic maintenance of public works, facilities, and natural conveyance systems and specify any new programs or revisions to existing programs needed to accomplish its goals and objectives. Each plan must further identify which units of government or private parties are responsible for maintenance. Each plan must, at a minimum, assess or require local plans to assess: 411 A. the need and frequency for sweeping of public and private streets and parking lots; B. the need and frequency for inspecting stormwater outfalls, sumps, and ponds; C. the adequacy of maintenance programs for stormwater facilities and water level control structures owned by both organization members and nonmembers; D. the condition of public ditches constructed under Minnesota Statutes, chapter 103D or 103E, if the organization has jurisdiction over these systems; E. the need to establish a water body management classification system to provide for water quality and quantity management based on a hierarchical basis; F. the need to establish local spill containment clean-up plans; and G. the need for other management programs as considered necessary. All proposed management programs establishing a classification system for the management of water bodies shall be consistent with chapter 7050. If organization classifications are inconsistent, the organization shall petition the Pollution Control Agency to revise the classifications in chapter 7050. Subp. 7. Potential structural solutions to problems. A. Each plan that documents existing water management • 14 ® • 8410.0100 problems that cannot be resolved by preventative actions shall investigate the feasibility of implementing structural solutions that would remediate or resolve each problem. B. For each structural solution proposed, each plan shall provide a cost estimate and a recommendation as to how it should be funded. C. Each potential structural solution identified under this part shall be assigned priorities. In assigning priorities, consideration shall be given to regional and state plans in conjunction with the organization's goals, policies, and problems identified in parts 8410.0080 and 8410.0090. SA: MS s 1038.101; 103B.211; 103B.231; 103B.227 HIST: 17 SR 146 8410.0110 IMPACT ON LOCAL GOVERNMENT. Subpart 1. Existing local controls. Each plan shall review the impact of local controls and programs required by the plans according to part 8410.0100. This review shall include concerns expressed by counties, cities, and townships with respect to their administrative and financial capabilities to adopt and enforce the controls and programs in addition to a table that generally describes the status of local controls and programs of affected counties, cities, and townships with 411 respect to that required by the plan. Subp. 2. Financial impact on local government. Each plan shall contain an analysis of the financial impact of implementation of the proposed regulatory controls and programs identified under part 8410.0100. The analysis shall include, at a minimum, an estimate of the costs associated with the plan's implementation and anticipated sources of revenue. Subp. 3. Adoption by reference. All or part of a watershed management organization plan may be adopted by reference by a local unit of government for all or part of its local plan to the degree specified in the approved organization plan. SA: MS s 1038.101; 1038.211; 1038.231; 103B.227 HIST: 17 SR 146 8410.0120 IMPLEMENTATION PRIORITIES. Each plan must prioritize the plan implementation components to make the best use of available local funding; to prevent future water management problems from occurring to the maximum extent practical; and to ensure that regional, county, state, and federal grant funding is targeted properly. SA: MS s 1038.101; 103B.211; 103B.231; 103B.227 HIST: 17 SR 146 8410.0130 IMPLEMENTATION COMPONENTS. Subpart 1. Controls. Each organization plan must provide for the adoption of necessary regulatory controls, stormwater 15 8410.0130 411 design standards, education programs, data collection programs, and maintenance programs that the plan identifies under part 8410.0100. Subp. 2. Responsibilities. Each organization plan must clearly distinguish the responsibilities of the watershed management organization versus the responsibilities of affected counties, cities, and townships with respect to each implementation program element established according to part 8410.0100. Subp. 3. Schedule. Each organization plan must include a schedule for implementation by the organization, joint powers agreement members, and affected local units of government. All plan controls and programs to be implemented by the organization must be in effect within one year of plan adoption. All local l' plan controls and programs must be developed and in effect within two years of adoption bf the last organization plan in the local unit of government. Subp. 4. Capital improvement program. Each organization plan shall include a capital improvement program that identifies specific capital improvements necessary to implement the water resource management goals and policies of the organization. Subp. 5. Enforcement. Each organization plan must identify the procedure to be followed to enforce violations of the controls of the organization as well as those of the local unit of government. Subp. 6. Administration process. Each organization plan must specify the administrative process and timelines for the submittal, review, and approval of local plans and variances by the organization. SA: MS s 103B.101; 103B.211; 103B.231; 103B.227 HIST: 17 SR 146 8410.0140 PLAN CONTENTS; AMENDMENTS. Subpart 1. Amendment section. Each plan must contain a section entitled "Amendments to Plan" containing the year, the ' plan extends to and establishing the process by which interim amendments may be made and who may initiate the amendments. Subp. 2. General amendment procedure. All amendments to a plan must adhere to the review process provided in Minnesota Statutes, section 103B.231, subdivision 11, except when the proposed amendments constitute minor amendments and: A. the watershed management organization has held a public meeting to explain the amendments and published a legal notice of the meeting twice, at least seven days and 14 days before the date of the meeting; B. the organization has sent copies of the amendments to the affected local units of government, the Metropolitan Council, and the state review agencies for review and comment; and C. the board has either agreed that the amendments 16 • 8410.0140 are minor or failed to act within 45 days of receipt of the amendments. Subp. 3. Minor amendments to capital improvements. Amendments to an approved plan's capital improvement program may be considered to be minor plan amendments if the following conditions are met: A. the original plan set forth the capital improvements but not to the degree needed to meet the definition of "capital improvement program" as provided in Minnesota Statutes, section 1038.205, subdivision 3; and B. the affected county or counties have approved the capital improvement in its revised, more detailed form. Subp. 4. Form of amendments. Unless the entire document is reprinted, all amendments adopted by the organization must be printed in the form of replacement pages for the plan, each page of which must: A. on draft amendments being considered, show deleted text as stricken and new text as underlined; • B. be renumbered as appropriate; and C. include the effective date of the amendment. Subp. 5. Distribution of amendments. Each organization must maintain a distribution list of agencies and individuals who have received a copy of the plan and shall distribute copies 411 of amendments within 30 days of adoption. All organizations should consider sending drafts of proposal amendments to all plan review authorities to seek their comments before establishing a hearing date or commencing the formal review process. SA: MS s 103B.101; 103B.211; 103B.231; 1038.227 HIST: 17 SR 146 8410.0150 ANNUAL REPORTING REQUIREMENTS. Subpart 1. Requirement for annual financial, activity, and audit reports. Within 120 days of the end of the watershed management organization's fiscal year, each organization shall submit to the board a financial report, an activity report, and an audit report for the preceding fiscal year if it has expended or accrued funds during this time. These reports may be combined into a single document. The audit report for the preceding fiscal year must be prepared by a certified public accountant or the state auditor and forwarded to the state auditor's office within 120 days of the end of the fiscal year. Subp. 2. Content of annual financial report. The annual financial report must include the following information: A. the approved budget; B. a reporting of revenues; C. a reporting of expenditures; and D. a financial audit report or section that includes a balance sheet, a classification of revenues and expenditures, • an analysis of changes in final balances, and any additional 17 8410.0150 • statements considered necessary for full financial disclosure. Subp. 3. Content of annual activity report. The annual activity report must include the following information: A. a list of the organization's board members, advisory committee members, and board member vacancies at the end of the reporting year, including the names of designated officers and members and information on how members can be contacted, and indicating the governmental organization that each board member represents for *joint powers organizations and the county that each member is appointed by for watershed districts; B. a list of organization employees and consultants, including mailing addresses and telephone numbers; C. an assessment of the previous year's annual work plan that indicates whether the stated goals and objectives were achieved and, if they were not achieved, indicates why they could not be achieved; D. a projected work plan for the next year indicating the desired goals and objectives; E. a summary of the permits or variances issued or denied under ordinances or rules required by the organization or local plan and any enforcement actions initiated by either the organization or its local units of government; F. a summary of water quality monitoring data 110 collected by the organization or its local units of government; G. an evaluation of the status of local plan adoption and implementation based on a review of the local unit of governments' activities by the organization during the past year; H. a copy of the written communication required by part 8410.0100, subpart 3; I. the organization's activities related to the biennial solicitations for interest proposals for legal, professional, or technical consultant services under Minnesota Statutes, section 103B.227, subdivision 5; J. an assessment of changes in fund balances, including a description of the costs of each program element with respect to the overall annual budget; and K. the status of any locally adopted wetland banking program. Subp. 4. Procedure for state audit. The board shall use the procedure described in items A to D to determine whether to order a state financial or performance audit of an organization. A. Before the board will consider ordering a state audit, a written complaint must be filed with the board's executive director requesting the board to order a state audit. The complaint must state as specifically as possible the grounds for requesting a state audit. Valid grounds for requesting a state audit include the mishandling or misuse of public funds or the documented failure to implement an approved plan. 18 411 8410.0150 B. The executive director shall determine whether there is a basis for a complaint before reporting the complaint to the board. The executive director shall ensure that the affected organization is notified of the complaint and given an opportunity to respond to the allegations' before determining whether there is a basis for the complaint. C. If the executive director determines there is a basis for the complaint, the complaint shall be reported to the board. The affected organization shall be given an opportunity to appear before the board at the time the complaint is reported to it and respond to the allegations in the complaint. The complainant shall also be given an opportunity to appear. D. After having the complaint reported to it, and after providing an opportunity for the organization and the complainant to be heard by it, the board shall decide whether to order a state financial or performance audit of the organization. SA: MS s 1038.101; 103B.211; 103B.231; 103B.227 HIST: 17 SR 146 CONTENT OF LOCAL PLANS 8410.0160 GENERAL STRUCTURE. Each local plan must, at a minimum, meet the requirements 411 for local plans in Minnesota Statutes, section 103B.235, except as provided by the watershed management organization plan under part 8410.0110, subpart 3. Each local plan must include sections containing a table of contents; purpose; water resource related agreements; executive summary; land and water resource inventory; establishment of goals and policies; relation of goals and policies to local, regional, state, and federal plans, goals, and programs; .assessment of problems; corrective actions; financial considerations; implementation priorities; amendment procedures; implementation program; and an appendix. Each community should consider including its local plan as a chapter of its local comprehensive plan. Each local plan shall be adopted within two years of the board's approval of the last organization plan that affects local units of government. SA: MS s 103B.101; 103B.211; 103B.231; 1038.227 HIST: 17 SR 146 8410.0170 STRUCTURE. Subpart 1. Purpose. Each local plan must have a section entitled "Purpose" outlining the purposes of the water management programs required by Minnesota Statutes, sections 103B.205 to 103B.255. Subp. 2. Water resource management related agreements. Appropriate water resource management related agreements that have been entered into by the local community must be outlined, including joint powers agreements related to water management 110 that the local community may be party to between itself and 19 8410.0170411 watershed management organizations, adjoining communities, or private parties. Available information concerning these agreements in general conformance with thecontent of joint powers agreements for organizations as outlined in part 8410.0030 must be included. Subp. 3. Executive summary. Each plan shall have a section entitled "Executive Summary" that generally summarizes the content of the local plan in a manner similar to that required for organization plans under part 8410.0050. Subp. 4. Land and water resource inventory. Each local plan must contain a composite land and water resource inventory containing all relevant data from organization plans affecting it consistent with the data required by part 8410.0060. Subp. 5. Establishment of policies and goals. Each local plan must state specific goals and corresponding policies related to the purpose of these plans, be consistent with the policies and goals of the organization plans within the city or township, and address the relation of the local plan to the regional, state, and federal goals and programs outlined in part 8410.0070. Subp. 6. Assessment of problems. Each plan must contain a summary assessment of existing or potential water resource related problems, including those identified in organization plans that affect the community. The problem assessment must be 111 completed for only those areas within the corporate limits of the community and meet the same content requirements as those outlined for organization plans under part 8410.0080, subparts 1 and 2. Subp. 7. Corrective actions. Each local plan shall describe nonstructural, programmatic, and structural solutions to the problems identified in subpart 6. The mandatory actions for organization plans outlined in part 8410.0100, subparts 1 to 6, shall be considered except that actions must be limited to those that can be implemented at a local level. All corrective actions must be consistent with the organization plans having jurisdiction in the municipality or township. Subp. 8. Financial considerations. Each local plan must contain an analysis of the financial impact of implementation of the proposed regulatory controls and programs identified under subpart 7. The analysis must include, at a minimum, the following items: A. the estimated cost of adoption and enforcement of local controls and standards for the local municipality; B. the estimated annual cost of implementation of other specified programs to each local municipality; C. a discussion of local ability to fund adoption of and enforcement of local controls and standards, implementation of other specified programs, and capital improvements, including: (1) levy limit constraints; (2) effect on other city funding needs; 411 20 M8410.0170 (3) establishment of watershed management taxing districts; (4) creation of stormwater utilities; and (5) monetary impact against homes or farmsteads in affected community; D. the impact on the local municipality of local implementation of each capital improvement project component if ad valorem financing is used; and E. a summary of grant funding that would likely be available to fund water management projects and programs. Subp. 9. Implementation priorities. Each local plan must prioritize implementation components to make the best use of available local funding and prevent future water management problems from occurring to the maximum practical extent. Local plans must prioritize organization plan implementation components in line with organization priorities as outlined under part 8410.0120 only for implementation components that must be facilitated by the local municipality or township. Subp. 10. Implementation program. Each local plan must outline required implementation components that apply at a local level. These components shall be consistent with the required plan components outlined for organization plans under part 8410.0130. Official local controls must be enacted within six • months of adoption of the local plan. Subp. 11. Amendment procedures. Each local plan must contain a section entitled "Amendments to Plan" containing the year the plan extends to and establishes the process by which amendments may be made. The amendment procedure shall conform with the plan amendment procedure outlined in the organization plans that affect the community. Local plan amendments must be forwarded to each organization affected by the local plan amendment for review and approval before adoption. A Subp. 12. Submittal and review. After consideration and before adoption, the local plan shall be submitted to all affected organizations for review according to Minnesota Statutes, section 103B.235. Each local unit of government must also notify affected organizations within 30 days of adoption and implementation of the plan, including the adoption of necessary official controls. SA: MS s 103B.101; 103B.211; 103B.231; 103B.227 HIST: 17 SR 146 8410.0180 DETERMINATIONS OF FAILURE TO IMPLEMENT. Subpart 1. Applicability. This part applies when a plan is not being implemented for a watershed either because no watershed management organization exists, because the organization has not adopted an approved plan, or because the approved plan is not being carried out. Subp. 2. Establishing cause. Before the board's involvement in determinations of whether a plan is being 21 8410.0180411 properly implemented, the board shall first establish just cause for the determination by review of a written complaint from an aggrieved party or through conclusions arrived at by board staff under the review of an organization's annual report. A complaint or appeal made by an aggrieved party under Minnesota Statutes, section 103B.231, subdivision 13, must be made in writing to the executive director of the board and must summarize the issues at dispute and the efforts the party made to resolve the problem. Subp. 3. Board staff responsibilities. A. Board staff may investigate issues relating to alleged failure to implement plans primarily by response from written complaint from an aggrieved party or by review of the organization's annual report. Within 30 days of receiving a written complaint, board staff are required to initiate a preliminary investigation of the facts as they appear based on personal observation, review of all relevant documents, and discussions with involved parties. The results of this preliminary investigation shall be reviewed with the executive director, and the board's legal counsel if appropriate, before preparation of a report. The report shall ascertain whether a failure to implement exists, define the exact nature of the failure to implement, and recommend a course of action. B. On completion of a report regarding a complaint or review of an annual report, the staff shall send a copy of its report by certified mail to the organization members of record to set a time and place for a meeting agreeable to all parties to informally discuss the contents of the report if a conflict exists. The complainant and any other aggrieved or affected party shall also be sent a copy of the report by certified mail and shall be invited to attend any meeting held to discuss the report. C. The affected organization shall be allowed 30 days to hold a public meeting to develop a formal course of action if the joint powers agreement requires that process. Any formal response shall be sent by certified mail to the board and any aggrieved or affected party within 15 days of the meeting.• D. The affected organization and any aggrieved or affected party may not appeal to the board's dispute resolution committee established under Minnesota Statutes, section 103B.101, subdivision 10, to hear and resolve disputes over plan implementation until after the meeting has been held according to item B. E. Based on information discovered at the meeting held according to item B, or receipt of the formal response received from the organization according to item C, board staff shall report to the board at a regular meeting as to the status of the dispute. If the board needs to take further action to resolve the dispute, board staff shall recommend the appropriate course of action, consulting with the board's legal counsel as411 22 411 8410.0180 appropriate. Subp. 4. Board responsibilities. A. On receipt of the board staff's report and recommendations, the board is required to do any or all of the following: (1) nothing further if the staff's investigation finds that the subject plan is being properly implemented, provided the board concurs; (2) advise board staff to conduct additional fact finding it considers necessary and report back to the board accordingly; (3) order the dispute resolution committee to convene to attempt to negotiate the matter and to advise the board further; or (4) issue findings of fact and conclusions of its investigation advising the affected organizations, county, or counties of the documented failure to implement the subject plan and advise the appropriate unit of government of its responsibility to implement the plan under Minnesota Statutes, section 103B.231, subdivision 3, paragraph (b) , within a prescribed period of time. B. On issuance of its findings under subpart 3, item A, the board shall notify the appropriate counties to proceed as required by Minnesota Statutes, section 103B.231, subdivision 3, paragraph (b) or (c) , as applicable. If a county fails to act after it is notified, the board shall notify state agencies that they may initiate their prerogatives under Minnesota Statutes, section 103B.231, subdivision 3, paragraph (g) . C. The board's dispute resolution committee has the following duties and responsibilities with respect to disputes relating to failure to implement a plan: (1) convene and hear appeals from both aggrieved parties and organizations not satisfied with the findings and recommendations of the board's staff report presented at the meeting required by subpart 2; and (2) convene at the pleasure of the board as prescribed by item A to attempt to negotiate and settle disputes over determinations relating to implementation of plans and to • further advise the board. SA: MS s 103B.101; 103B.211; 103B.231; 103B.227 HIST: 17 SR 146 s 23 • it I ' I i WASHINGTON SOIL AND WATER .irk. CONSERVATION DISTRICT 1825 Curve Crest Blvd.,Room 101 MN (82)Stillwater,39- 61 55082 (612)439.6361 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS September 9 , 1992 To: MSCWMO Members From: Tim Fredbo i Washington SWCD Re : Perro Creek Study; Short , Elliot, Hendrickson, Inc. As requested, at the last meeting of the Middle St . Croix WMO on August 25 , 1992 , enclosed for your information are copies of the correspondence from Jeff Davis concerning Perro Creek. You will also find copies of the correspondence I have received from Marty Rye from the D.N.R. The Flood Damage Reduction Grant is discussed in Marty' s May 12 , 1992 letter. If you have any questions , please feel free to call me at 439-6361 . cc: Ken Hartung, Administrator, City of Bayport AN EQUAL OPPORTUNITY EMPLOYER tr STATE OF M ((SSO Tz DEPARTMENT OF NATURAL RESOURCES DNR METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 772-7910 FILE NO. June 23, 1992 Mr. Tim Fredbo RECEIVE!) Washington County SWCD JUN 2 5 JO2 1825 Curve Crest Blvd, Room 101 Stillwater, MN 55082 RE: POTENTIAL OUTLET RECONSTRUCTION, PRISON POND (82-310P) , BAYPORT, WASHINGTON COUNTY Dear Mr. Fredbo: I am writing in accordance with your June 3, 1992 request to attend this evening's Middle St. Croix River Watershed Management Organization meeting. I will not be able to attend the meeting, but I have summarized the Department of Natural Resources' concerns below: 1. A study performed by the Middle St. Croix WMO which examines the water resource concerns and potential solutions may be appropriate. There appears to be problems with the downstream channel hydraulics which need to be addressed. It would be appropriate to address these problems in the study. 2. Any new outlet should serve to stabilize the water level. Large fluctuations in water levels is not an attractive condition for the management of wildlife. 3. The new outlet should have the capacity to draw the pond down for maintenance and wildlife management purposes. The ability to mimic a drought to re-establish emergent fringe vegetation on an as-needed basis is a valuable management tool. It would be necessary to keep the pool level down over the summer or at least from July to the fall of the year. 4. A DNR Protected Waters Permit will be required for the outlet reconstruction. It typically takes 60 days for a final decision to be made on permit applications. 5. A formal Operation Plan should be developed in conjunction with the design and construction of the outlet. This Plan should specify if/when drawdowns are to occur, who is responsible for the operation and maintenance of the structure, etc. AN EQUAL OPPORTUNITY EMPLOYER June 23, 1992 Mr. Tim Fredbo Page Two 6. There may be funding assistance in the form of a Flood Damage Reduction Grant (see enclosed copy of May 12, 1992 letter) . The grant requests are prioritized by the DNR and submitted to the legislature for funding. It may be appropriate to notify the local legislators of the grant request. I look forward to continuing to work with the Middle St. Croix River WMO on the design of the proposed outlet. If you have any questions, please call me at 772-7910. Sincerely M ty e Hydrologist cc: Tim Wallace Jeff Davis, SEH • DNR METRO WATERS - 1200 WARNER ROAD,. ST. PAUL, MN 55106 772-7910 May 12, 1992 Mr. Tim Fredbo Middle St. Croix River WMO 1825 Curve Crest Blvd. , Room 101 Stillwater, MN 55082 RE: PRISON POND (82-310P) OUTLET RECONSTRUCTION, COUNTY ROAD 21 IMPROVEMENT, OAK PARK HEIGHTS, WASHINGTON COUNTY Dear Mr. Fredbo: I am writing in accordance with the April 28, 1992 meeting at Washington County Public Works regarding the potential reconstruction of Unnamed Wetland (82-310P) outlet. A Department of Natural Resources (DNR) Protected Waters Permit will be required for work below the ordinary high water (OHW) elevation of the pond. I strongly suggest you work with DNR Area Wildlife Manager Tim Wallace (296-5200) in design of the structure and determination of the ultimate outlet control elevation. A study sponsored by the Middle St. Croix WMO which examines the water resource concerns and potential solutions may be appropriate. It appears there are some problems with the downstream channel hydraulics which also need to be addressed. There may be some matching funds available to assist with the study and construction costs. I have enclosed a copy of a capital request form I have submitted which lists the total • project requirements as $90,000. The WMO Plan does not identify the outlet reconstruction (or any other project) as a capital improvement project within the watershed. In order to qualify for the matching funds, the WMO plan will have to be amended to include this project. I suggest this section of the WMO Plan be re-examined to determine if other projects would be beneficial in achieving the WMO's goals of minimizing flooding potential and improving water quality. For more information regarding the status of the grant request I 24 suggest you contact Joe Gibson of our Floodplain Unit at 296-2773. Sincerel Marty E. Rye Hydrologist 1 cc: Middle St. Croix River WMO file ��nn��STATEnnOF UV UV CE Z0TA, DEPARTMENT OF NATURAL RESOURCES DNR METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 772-7910 FILE NO. RECEIVED May 12, 1992 MAY 13 2 Mr. Tim Fredbo Middle St. Croix River WMO 1825 Curve Crest Blvd. , Room 101 Stillwater, MN 55082 RE: PRISON POND (82-310P) OUTLET RECONSTRUCTION, COUNTY ROAD 21 IMPROVEMENT, OAK PARK HEIGHTS, WASHINGTON COUNTY Dear Mr. Fredbo: I am writing in accordance with the April 28, 1992 meeting at Washington County Public Works regarding the potential reconstruction of Unnamed Wetland (82-310P) outlet. A Department of Natural Resources (DNR) Protected Waters Permit will be required for work below the ordinary high water (OHW) elevation of the pond. I strongly suggest you work with DNR Area Wildlife Manager Tim Wallace (296-5200) in design of the structure and determination of the ultimate outlet control elevation. A study sponsored by the Middle St. Croix WMO which examines the water resource concerns and potential solutions may be appropriate. It appears there are some problems with the downstream channel hydraulics which also need to be addressed. There may be some matching funds available to assist with the study and construction costs. I have enclosed a copy of a capital request form I have submitted which lists the total project requirements as $90, 000. The WMO Plan does not identify the outlet reconstruction (or any other project) as a capital improvement project within the watershed. In order to qualify for the matching funds, the WMO plan will have to be amended to include this project. I suggest this section of the WMO Plan be re-examined to determine if other projects would be beneficial in achieving the WMO's goals of minimizing flooding potential and improving water quality. For more information regarding the status of the grant request I suggest you contact Joe Gibson of our Floodplain Unit at 296-2773. . — Sincerely, — Mar E 4i(fr_______122) Re Hydrologist cc: Middle St. Croix River WMO file AN EQUAL OPPORTUNITY EMPLOYER it •,.. :t;1 :y:..4• r . Capital Request Form - Waters • /v-• 3;0o4 1.TITLE P R f 5O kf Gb i�l) CS .. 310 P)• . 0(A-rt.E:--C" • ))E l om sT�t LL C T 2.ID # 1.04 AO character n+aa . �•• -- 3. ACTIVITIES (In order of coat) 4. UNITS (wnole numbers) Major 3 w t2))DevelopmentAcquisition Acres acq .442 Second ,5_,. .4 3)Faclity Rehao Non-structural sites dev or rehab S347 4)Resource Renab Third IL, r, 5)Feasibility Ping Miles dev - S442 8)Final Engr Plan I Structures dev or rehab 4347 5.NARRATIVE p f / • 2oOcnaracermax lleconS•-/'uc•- tri<P,n 1�'ic_ CS2-310 P1 Ot.('}'J - - yn 'n.,4 / (about 25 words) / $1•217 JOW,IST(celrvt f/042 ,i /n .L('f,.•./'T J / i• 6. TOTAL COSTS Amount" Source 7. BENEFITS (from Exhibit A) Development 'fo aa:o6441 `S �. t)quote #1 /3 4444 - Rehabilitation ,,41 ss 2)prey bid #2 's Acquisition ,a.,, ,. 3)bur of engr #3 43 Legal fees 4) BREM ( 2142 03 (�•x }' ,�,.t Engineering 5) Initiator's est. oy 0411 1: 8. PREREQUISITE PROJECTS Cw Il Co h 'Real estate rngmt• 6)Other Ct) (A.Pdb,Wks Omer projects treat must be completed 13.30 21 before this one can begin Ping &admin costs Mb Other .a1S f�(i�,'On 50 000 Use 1992 prices. If you #1 Id 2457 31.34 —�3e prefer not to estimate the Total Cost °IO 000 , cost, enter"yes"instead #2 Id "" "see nolo of a dollar amount. 9. TOWN �pO Z.7 114.1 10. REGION _o ,s 11. AREA f#w;t31 7`R ''' '` (neatest 30 engr s Max) from Exhibit 8 ••{%r;};ik*:{: 7m 44,44 • :inii•44.::.4 .. ;t U! .Munro'lgi#r::iiiiiiriiiii.: :: •'.A. : 14.S-t-R sectioq R g 2 • ;•}:r: 'c%.:MS:iiiiiiiiiI ^ Twp 2 1 nQ O ;,,;.};.ti}•::::::::...:: • ;r•:4;44 4;. 1} : :.:::v 0243 04.47 04.11 :<: oui ?d?I>,t?�3 5::;}i;:not:.. ••:;; •}'^;: .•rr.ii{ :$%S}}:$:::. 44:44:... 15. �i:v sir 444:4 r.::::}..:.:::.::•. COUNTY :rrr:•:::.,••::.::. hem Exhibits ••}}•:.. .:�:�. ( t •::.: .....<<•} 44.44:::. ?:3 !V�:'•} •ir•}1. }.. •4.4.44 •........ :}:•ti: :v:1777 i::}:�:{}{:} Major 1 1 •`f�#:�sit:`;':;�� :�: 4444 :. : .......•...:: ...: ;4444...: :::: ;......... 4444 .;,.•::.} 22 } �'. ��: ! ''Py .jp# • ::t�.lVCtV �i '; '•:ir:y:yt ; y ;'; ; Second 141s < l: { : } :} . . r : : : : } ii :ThIrd 1147iiiiiiIiiiigl• ii ii: iii:::i niith iii2i: ii :• 17.SPECIAL FACTORS (cheat all mat appy) P+ss r 1.1*. tot bldg cbde violations _2° CAPRA eligible X23 grant to others '�1e Ski...a.1 WMl4 OSHA violations _2t prior committment _34 incr. access to disabled _27 other health&safety I a req'd by legislation _u listed historic site _U 18.SPONSOR(from E01611 o) 19.INITIATOR 20. FIELD PRIORITY 2.. ,,, division 32 Mi0 first initial Y 37 • _High 3 1 -. . . • section ,i last name FRE D BO ,.ei ' _Med-2 program 7z phone (C,II- )43`1 -- 63(o I ,.73 •. Low.>,3 month ,471 day nn an'o'^•• Mat rur vaifl JoiciY rrt)ict. . iwiil*)icio ,avei,a ,iil.id • :.-r7,:.---; • •- Vii. REr AUG 1 ► .:a ENGINEERS R ARCHITECTS I PLANNERS 3535 VADNAIS CENTER DRIVE,ST.PAUL,MN 55110-5108 612 490-2000 800 325-2055 August 5, 1992 RE: MIDDLE ST. CROIX WATER MANAGEMENT ORGANIZATION PERRO CREEK STUDY SEH FILE NO. 93014 Bill Mordick Minnesota Correctional Facility - Stillwater P. 0. Box 55 Stillwater, Minnesota 55082 Dear Mr. Mordick: On behalf of the WMO, we are requesting that you provide the following for the area within the Perro Creek tributary watershed: 1. Existing land use map. 2. Future land use map. 3. Storm sewer map. This information should be sent to: Short Elliott Hendrickson, Inc. C/O Jeff Davis 3535 Vadnais Center Drive St. Paul, Minnesota 55110-5108 We would appreciate receiving this information at or prior to the August 25 WMO meeting. If you have any questions, you may contact me at 490-2025. Sincerely, Jeff Davis, P.E. Project Manager JTD:11c cc: Tim Fredbo, Washington County SWCD SHORT ELLIOTT HENDRICKSON INC. sr CLOUD.MN CHIPPEWA FALLS.WI MADISON.WI ,58,1 ENGINEERS I ARCHITECTS I PLANNERS 3535 VADNAIS CENTER DRIVE,ST.PAUL.MN 55110-5108 612 490-2000 800 325-2055 August 5, 1992 RE: MIDDLE ST. CROIX WATER MANAGEMENT ORGANIZATION PERRO CREEK STUDY SEH FILE NO. 93014 Anders Hansen Baytown Township P. O. Box 2007 Oak Park Heights, Minnesota 55082-2007 Dear Mr. Hansen: On behalf of the WMO, we are requesting that you provide the following for the area within the Perro Creek tributary watershed: 1. Existing land use map. 2. Future land use map. 3. Storm sewer map. This information should be sent to: Short Elliott Hendrickson, Inc. C/O Jeff Davis 3535 Vadnais Center Drive St. Paul, Minnesota 55110-5108 We would appreciate receiving this information at or prior to the August 25 WMO meeting. If you have any questions, you may contact me at 490-2025. Sincerely, Jeff Davis, P.E. Project Manager JTD:llc cc: Tim Fredbo, Washington County SWCD SHORT ELLIOTT HENDRICKSON INC. ST CLOUD.MN CHIPPEWA FALLS.WI MADISON.WI s sei ENGINEERS I ARCHITECTS R PLANNERS 3535 VADNAIS CENTER DRIVE,Si PAUL,MN 55110-5108 612 490-2000 800 325-2055 August 5, 1992 RE: MIDDLE ST. CROIX WATER MANAGEMENT ORGANIZATION PERRO CREEK STUDY SEH FILE NO. 93014 Ms. Ann Terwedo City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082-4898 Dear Ms. Terwedo: On behalf of the WMO, we are requesting that you provide the following for the area within the Perro Creek tributary watershed: 1. Existing land use map. 2. Future land use map. 3. Storm sewer map. This information should be sent to: Short Elliott Hendrickson, Inc. C/O Jeff Davis 3535 Vadnais Center Drive St. Paul, Minnesota 55110-5108 We would appreciate receiving this information at or prior to the August 25 WMO meeting. If you have any questions, you may contact me at 490-2025. Sincerely, Jeff Davis, P.E. Project Manager JTD:llc cc: Tim Fredbo, Washington County SWCD SHORT ELLIOTT HENDRICKSON INC. ST CLOUD.MN CHIPPEWA FALLS.WI MADISON.WI RECEIVED • ,584 AUC 1 1 19992 ENGINEERS I ARCHITECTS I PLANNERS 3535 VADNAIS CENTER DRIVE.ST.PAUL,MN 55110-5108 612 490-2000 800 325-2055 August 10, 1992 RE: MIDDLE ST. CROIX WATER MANAGEMENT ORGANIZATION PERRO CREEK STUDY SEH FILE NO. 93014 Mr. Mike Louis Minnesota Department of Transportation Metro District 3485 Hadley Avenue North Oakdale, Minnesota 55128 Dear Mr. Louis: In 1988, SEH was retained by the Washington Soil and Water Conservation District to perform a hydrologic and hydraulic study of Perro Creek and its tributary watershed. The results of our initial study indicate that a number of the downstream culvert crossings are grossly inadequate. However, our initial study was based on very general information and may contain some inaccuracies. Conclusions from the initial study included the recommendation to conduct a detailed study in order to obtain more accurate information. SEH has recently been retained by the Middle St. Croix WMO to perform a scoping study which will define the options to be investigated in the detailed study. We understand that Mn/DOT intends to direct runoff from the new bridge and associated highway improvements east along Highway 36, through a treatment pond, and into the river. One of the options we would like to investigate is the possibility of discharging the runoff from the hatched area north of Highway 36 (see attached drawing) into the conveyance system to be constructed by Mn/DOT during the Highway 36 construction. This could have a significant impact on the runoff rate and volume entering the prison pond outlined by the blue dashes on the attached drawing. By means of this letter, we are requesting, on behalf of the Middle St. Croix WMO, that Mn/DOT review the possibility of intercepting the runoff from the area north of and including Highway 36. SHORT ELLIOTT HENDRICKSON INC ST CLOUD.MN CHIPPEWA FALLS.WI MADISON.WI Mr. Mike Louis August 10, 1992 Page 2 If you have any questions or concerns, you may contact Mr. Tim Fredbo at the Washington Soil and Water Conservation District, telephone 439-6361, or myself at 490-2025. Sincerely, Jeff Davis, P.E. 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I i >,�ti�# �� a � ��Ilu�rw a "�� vT \ _ i ,..... TA ,, \ li I 0 a \ „ ° :I(fl: 11 I tho}-1117: ,7 11('/".1114-17 iiii‘'„).t,./4S,Li‘ Iiii-t.,_; L: 011:11k -A-k ,, -w '....t, . \\ � O /• + e7A. 0. 01 .\-' - -"404*- -1-i.1., 1,\I",,\ i : : _ , — i , 8 •-IW \ 10'-- /'' , is " �! � �- � � P ` �Bao „,*poi. ...„), . 1‘,0 •IA Tv :; -•. 't . 1------:-ttmcfere41 .4° 4 A 11,\•:,. .4 , \1:.%is \ti‘ t 4-• r 10 Gp ' O I. 1► i o o° Q1 • p o \ 'notI ,c /' - ')IligiAiRO liti'li 1 , , ,,D. - Al 1 CSI - �; �► �j(� �'_ iK I k: z, ill.. ,. ,, ., ,II I:Is• 1 3011:i qi i 15 r 1 rilp\ Nr4141 ; '. o or...c) Is... skiv,ZS:= . . 'ZrX5N, % . ,. 0 , , I. c 00 0 40. ,___,.\ ,0 Odd li .16 ,,,,,„1,,,,,, ,t• , . ___ . 0 _ .•. ... • , iliJ A.,,,i, .;,_ I/ , .., w ,. ,..... c) ; MC ©� �., ° �,. moi, JJ .% , . $�1 ,/ o 4 �i� 1• ��. eso 4Y.+ ( gyp` ri-n • .,♦ 9- • 'i OA. • .•=1 it_t_ v,0, •t,.. t •t, l\ c,.`tt__ i II / I ,• • t,4. ., \ ' . ' '� �ii 'I I' 1/::,,3 J. \ II ,, o o ,, e. ,--:,-:--3.,:.., .. �1 �, I Crocus 1,.A.,000-1,;_-__.,t , �� It 1....( ('� a , 1 (lI " Park oO� n 1 �. 0� ©��. °. ' / _ � I 1 "( • i, . itw IIMAC • MEMORANDUM Minnesota July 15, 1992 Board of Water&Soil Resources TO: Local Government Units (LGUs) Responsible for the 0110140404011040401". r.i t * 1 .tion Act (WCA) if 11111 Southbridge Office Building FROM: It, rirrf Executive Director, BWSR 155 South Wabasha St., Suite 104 St. Paul,Minnesota 55107 RE: WCA RECORD KEEPING (612)296-3767 Fax(612)297-5615 Now that the Interim WCA implementation is getting into full swing and the rules for the Permanent Program are being developed, it is important that the level of LGU effort and involvement be documented in order to justify the funding needed for administration of the Permanent Program. Regional Offices The Board of Water and Soil Resources, in concert with local government representatives,will be working to secure funding for LGU administration of the Northwest Region 1106 Paul Bunyan Drive,NE Permanent Program during the 1993 legislative session. In order to make Bemidji,MN 56601 accurate estimates of the amount of fundinguired it is necessaryto have a 218-755-3963 req r Northeast Region record of the time and money spent by LGUs on WCA administration during the 394 South Lake Avenue Interim period. To get this information we are asking responsible local Room 403 to maintain a record of staff time, mileage, and expenses locally MN 55802 governments a g � xP 218-723-4752 incurred for each of the following duties: West Central Region 503 Washington Street Brainerd,MN 56401 1.) Wetland project screening; including Certificates of Exemption 218-828-2604 issued,Combined Joint Notice forms completed,and Sequencing South Central Region review leading to avoidance. Box 756 New Ulm,MN 56073 507-359-6074 2.) Replacement Plan review; including LGU/Technical Panel Southeast Region involvement in plan development, wetland determinations and 1200 S.Broadway Room 100 delineations, and wetland banking administration. Rochester,MN 55904 507-285-7458 Southwest Region 3.) WCA Enforcement including;Restoration Order preparation and Box 267 monitoring, legal costs incurred and expert testimony required. 1400 E.Lyon Street Marshall,MN 56258 507-537-6060 /4.) General administration and maintenance • of local records East Central Region including office overhead, as well as costs associated with Southbridge Office Building 155 South Wabasha St.,Suite 104 literature and information development and distribution. St.Paul,MN 55107 612-296-3767 Many of you are likely already keeping records of this type for your own use. Attached is a sample activity record sheet we recommend you use. If warranted, we may request summary information from your office later this year. Your effort is appreciated. RDH/JJ c: Dave Weirens, AMC D'Wayne DeZiel, MASWCD An Equal John Dooley, MAT Bruce Benson, MACPZA [.r1 Opportunity Employer Joel Jamnick, LMC Howard Peterson, MAWD '7 1 w W I- Z • p a • w y w m 6 J_ LL J LL w F CO 2 O D Z z z � J w J z 0 z I- a a < W 0 5; 0 aff � J t a > U ¢ cc a t < LL 3 CC a m E c c? o (n O N a Z U o 1-1-1 ..c 0 CC o Z a E I- ~ U W Q `, z 0 8 H z W C7 w J H w Z 0 O U CITY OF OAK PARK HEIGHTS ' , 4,i Y ,...), ..... " . .,,,,....,, :, ,, ._ . li... . _ ...... {i°t. .. A MINNESOTA STAR CITY May 28, 1992 Gneg Lwz on MN Board o6 Ulaten 8 Soil Rezocace4 155 S LUabasha St'.ee St Paut MN 55107 Dean Mn. Laruson: We w.i,et penzoncily adrni.n)s;etc the inten.im negulationa bon Wettandb Consenva,tIon Act of 1991. S.c.ncetce,ty, CI OF OAK PARK HEIGHTS '7c,) , 44L /c.14L 4 ��L Banbana H. O'Neat, Mayon BHO/2cw 0.1 ev,),) /4 ,5Lt,14),L) 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 U. S. CORPS OF ENGINEERS REGULATORY BRANCH Department of the Army Corps of Engineers, St. Paul District ATTN: CO-R 180 E. Kellogg Blvd., Room 1421 St. Paul, 55101-1479 (612) 220-0375 SOIL AND WATER CONSERVATION DISTRICTS WATERSHED DISTRICTS WATERSHED MANAGEMENT ORGANIZATIONS See the Board of Water and Soil Resources Directory For information on the local municipal or county regulations, contact the Planning and Zoning Office listed in the blue pages of the local phone directory. ADDRESSES AND TELEPHONE NUMBERS MINNESOTA DEPARTMENT OF NATURAL RESOURCES REGIONAL OFFICES Region Address Telephone I 2115 Birchmont Beach Rd. NE, Bemidji, 56601 (218)755-3973 II 1201 East Highway 2, Grand Rapids, 55744 (218)327-4416 III 1601 Minnesota Drive, Brainerd, 56401 (218)828-2605 IV Highway 15 South, Box 756, New Ulm, 56073 (507)359-6053 V PO Box 6247, Rochester, 55903 (507)285-7430 VI 1200 Warner Road, St. Paul, 55106 (612)772-7910 MINNESOTA POLLUTION CONTROL AGENCY Assessment and Planning Section Water Quality Division 520 Lafayette Road St. Paul, 55155-3898 (612) SOIL CONSERVATION SERVICE AREA OFFICES Area Address Telephone I 216 Pennington Ave. South, Thief River Falls, 56701 (218)681-5598 II 413 W. Stanton Ave., Fergus Falls, 56537 (218)736-5445 III Room 113, Federal Building, 515 W First St, Duluth, 55802 (218)720-5308 IV 6120 Earl Brown Drive, Room 650, Brooklyn Center, 55430 (612)566-2941 V 1401 Peterson Street, Marshall, 56258 (507)537-0541 VI 209 W. Mulberry Street, St. Peter, 56082 (507)931-2530 VII 1027 7th Street NW, Suite 12, Rochester, 55901 (507)289-7454 �I i imotow000ri ,Rwe Minnesota Board of April 15, 1992 Water&Sod Resources Southbridge Office Building TO :LGU's for the interim program, SWCD's and Watershed 155 South Wabasha St.,Suite 104 Districts St.Paul,Minnesota 55107 ,r (612)296-3767 Fax(612)297-5615 FROM :Greg Larson, d istrator-Wetland Management Section RE : Policy, DNR water permit review Regional Offices As indicated by Kent Lokkesmoe's recent memorandum, which is Northwest Region 1106 Paul Bunyan Drive,NE attached, Conservation requires Wetland Act re uires in some instances that dji, Be ids 39N 56601 RGU's [responsible government unit] become involved in DNR Public Northeast Region Water Permit decisions in much more detail than the customary"making 394 South Lake Avenue a recommendation to the commissioner". If you have questions, I Room 403 Duluth,MN 55802 suggest you contact your area or regional hydrologist. 218-723-4752 West Central Region 503 Washington Street program, Note: For the interimthe terms "RGU" and "LGU" have the Brainerd,MN 56401 same meaning. 218-828-2604 g South Central Region Box 756 New Ulm,MN 56073 507-359-6074 Southeast Region Friedell Bldg.,Room 100 1200 S.Broadway Rochester,MN 55904 507-285-7458 • Southwest Region Box 267 1400 E.Lyon Street Marshall,MN 56258 CC: Ron Harnack 507-537-6060 BWSR field staff East Region Bruce Gerbig Southbridge O Office Building 155 South Wabasha St.,Suite 104 John Jaschke St.Paul,MN 55107 612-296-3767 An Equal • Opportunity Employer ' J SF .C5 4.86) DEPARTMENT : of Natural Resources/Waters STATE OF MINNESOTA Office Memorandum DATE April 1, 1992 TO : Regional Hydrologists Area Hydrologists Regional Secretaries � . .ti .%', FROM : Kent Lokkesmoe, Di ctor • t Division of Water J jy:i` PHONE : 296-4810 SUBJECT Permit Provisions for 1991 Wetland Conservation Act BWSR staff have recently pointed out that Article 7, Section 1, subdivision 2 , of the 1991 Wetland Conservation Act requires that " . . . until July 1, 1993, a state agency or local unit of government may not issue a permit for an activity . . . " that would drain, fill or burn a wetland, unless the activity is exempt under subdivision 3 of the same section. In plain english, we are not supposed to issue any permits for a project that affects a "wetland, " unless the project meets one or more of the 24 exemptions, or the RGU has "certified" a replacement plan. After discussing this matter with the AG's office and BWSR staff, we have formulated the following procedures to comply with this requirement: 1) Public Water/Water Appropriation Permits Directly Affecting Wetlands: Where the project seeking a permit is "directly" affecting a WCA wetland (e.g. , an inland harbor requiring excavation of a WCA wetland, improvement of a public ditch through a WCA wetland, dewatering permit_ that drains a WCA wetland, etc. ) ; we will not consider the permit application complete and we will not issue the permit until the applicant provides a certification of exemption or certification of wetland replacement from the RGU. 2) Public Water/Water Appropriation Permits General Provisions: Effective immediately, all Public Water and Water Appropriation permits must include the following general provision: "Where the work authorized by this permit involves the draining, filling or burning of wetlands not subject to DNR jurisdiction, the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible governmental unit as required by the Minnesota Wetlands Conservation Act of 1991. " Memo re: Permit Provisions Page 2 3) Permit Cover Letters/Permit Attachment: Effective immediately, the following statement should be included in all permit cover letters or attached as a NOTICE to all permits : "Please note the provision of your permit regarding wetlands not subject to DNR jurisdiction. You should contact your local unit of government (County, City, or Soil and Water Conservation District) to determine your compliance with the Wetland Conservation Act of 1991. Your DNR permit does not authorize you to proceed with your project until you comply with the Act. " If you have any questions concerning these procedures, call Dave Milles, Bruce Gerbig, or,Ery Berglund. cc: Greg Larson, BWSR/ DNR WCA Liaison Staff DOW Section Administrators Ben Wopat, COE Wayne Edgerton Norm Moody T I,, %rE %rte MEMORANDUM 0111004410.140 Minnesota Board of April 21, 1992 Water&Soil Resources TO: Local Government Units (LGUs) Responsible for the Wetland Conservation Act (WCA) Southbridge Office Building 155 South Wabasha St.,Suite 104 FROM: John Jaschke, Wetland Management Specia90 St. Paul,Minnesota 55107 (61Fax(612)296-3767 7 RE: REVISED CERTIFICATE OF EXEMPTION Fax 297-5615 Attached is an updated and revised sample Certificate of Exemption document for your modification and use. Regional Offices Northwest Region Although use of this document is optional, it is strongly recommended that it 1106 Paul Bunyan Drive,NE be used to provide landowners/project sponsors with a means of demonstrating Bemidji, 56601 peace officer or other official their WCA exemption status. 218-755-3963 to a P Northeast Region 394 South Lake Avenue It is also recommended that records of issued exemption certificates be kept so Room 403 Duluth,MN 55802 that a log of exempt wetland activities are available for peace officers and other 218-723-4752 persons to view if a complaint is filed. West Central Region 503 Washington Street Brainerd,MN 56401 Finally,landowners in the Federal Farm Program are exempt from the WCA and 218-828-2604 may be able to prove this exemption with a current and appropriately South Central Region completed USDA AD-1026 form (sample attached), in which case a Certificate Box 756 New Ulm,MN 56073 of Exemption would not be necessary. 507-359-6074 Southeast Region end. Friedel)Bldg.,Room 100 1200 5.Broadway Rochester,MN 55904 507-285-7458 Southwest Region cc: BWSR Field Staff Box 267 Greg Larson, BWSR 1400 E.Lyon Street Marshall,MN 56258 Ron Harnack, BWSR 507.537-6060 Jim Birkholz, BWSR • East Central Region D'Wayne DeZiel, MASWCD Southbridge Office Building 155 South Wabasha St.,Suite 104 Pat McGuire, DNR- Enforcement St.Paul,MN 55107 612-296.3767 An Equal Opportunity Employer WASHINGTON SOIL AND WATER CONSERVATION DISTRICT PY 1825 Curve Crest Blvd.,Room 101 Stillwater, MN 55082 (612)439-6361 MINNESOTA rbk SOIL AND WATER CONSERVATION DISTRICTS RM © g. MAY 2 8 1992 May 27 , 1992 Mr. Mark Vierling Eckberg , Lammers , Briggs , Wolff and Vierling 1835 Northwestern Avenue Stillwater, MN 55082 Dear Mark: I have reviewed the Soil Erosion and Restrictive Soils Ordinance that you have prepared for the City of Oak Park Heights . They are compliant with the requirements of both the Middle St . Croix and Browns Creek Water Management Plans . By adopting and enforcing these ordinances , Oak Park Heights will be satisfying the last element of its local water plan implementation requirements as mandated by the Metropolitan Surface Water Management Act . If you have any questions , please feel free to contact me at 439-6361 . Sincerely, Tim Fredbo Washington SWCD cc : Barb O'Neal , Mayor, Oak Park Heights LaVonne Wilson, Clerk, Oak Park Heights AN EQUAL OPPORTUNITY EMPLOYER T — April 20, 1992 Air , ,.1 __' , . TO: Local Government Units Responsible For The Wetland onsery-tion Act (WCA) /`, FROM: _•"��• .�Executive Director MPqrinnesota Board ofi , ;oar. W.ter and Soil Resources Water&Soil „- ,..------ Resources Kent•/:4 es e, bisector • Department of Natural Reso es - Division of Waters Southbridge Office Building Ben Wopat, Chle! v�/ 155 South\tiabasha St.,Suite 104 United States C•. !z • gm - Regulatory Branch St. Paul,Minnesota 55107 (612)296-3767 Fax(612) 297-5615 RE: COMBINED JOINT NOTIFICATION FORM FOR WETLANDS ACTIVITY Regional Offices As required by the Wetlands Conservation Act of 1991 (WCA), the Board of Northwest Region Water and Soil Resources (BWSR) and the Department of Natural Resources 1106 Paul Bunyan Drive,NE (DNR) completed the Wetland Regulatory Simplification Study in January 1992. Bemidji,MN 56601 218-755-3963 An immediate recommendation from the study was the development of a Northeast Region Combined Joint Notification (CJN) form which would allow landowners or 394South Lake Avenue sponsors of projects affecting wetlands to simultaneously contact all levels of Roo m 403 Duluth,MN 55802 government responsible for wetland regulation. 218-723-4752 503West Central Region The finalized version of this form is being distributed to all local governments Brainerrdd,,MN 56401 Mon Street B01 responsible for administration of the WCA (LGUs), and to Soil and ater 218-828-2604 Conservation District (SWCD) offices. Use of this form is optional; however, South Central Region its use is strongly encouraged as a service to individuals contemplating work in Box 756 New Ulm,MN 56073 wetlands. 507-359-6074 Southeast Region Friedel)Bldg.,Room 100 The CJN process will work as follows: 1200 S.Broadway Rochester,MN 55904 5072857458 1) The applicant visits the "clearinghouse” to complete the CJN. Southwest Region The WCA designates the SWCD office as the"clearinghouse" for Box267 wetlands information. They are the repository for much of the 140400 E.Lyon Street MarshMN 56258 information an applicant needs to identify and delineate 507-53all,76060 wetlands(National Wetland Inventory Maps,Soil Surveys,Aerial East Central Region Photography and SCS wetland determinations). However, Southbridge Office Building 155 South Wabasha St.,Suite 104 distribution and use of the CJN form is left to the discretion o f St.Paul,MN 55107 612-296-3767 the LGU. 2) The"clearinghouse"may assist the applicant with completion of the ON form and will provide a mailing list of the federal, state and local agencies who may have jurisdiction over the proposed wetland activity. (A generic list is attached). The applicant is • responsible for mailing the CJN form. An Equal Opportunity Employer 3) The regulatory agencies will respond back to the applicant within 45 days indicating whether or not the wetland activity is under their jurisdiction. If the agency has jurisdiction, the required application forms will be mailed directly to the applicant along with requests for permit fees or additional information. The Corps of Engineers intends to accept the CJN form as an application form if a Federal Clean Water Act section 404 permit is required. Consequently, the Corps should be given notice whenever a proposal would affect a water or wetland area. NOTE: Experienced applicants will likely not use the CJN form, but instead will contact the agencies directly. The ON form can be photocopied. If additional copies are needed they can be requested from the BWSR. JJ/lm encl. cc: MASWCD - D'Wayne DeZiel MAWD - Howard Peterson AMC - Dave Weirens MACPZA - Bruce Benson MAT- John Dooley League of Minnesota Cities -Joel Jamnik USEPA- Ted Rockwell USFWS - Lynn Lewis SCS - Roger Mussetter ASCS - Don Friedricks MPCA- Duane Anderson Itire 0 D WASHINGTON SOIL AND WATER CONSERVATION DISTRICT 1825 Curve Crest Blvd.,Room 101 � Stillwater,MN 55082 (612)439.6361 • MINNESOTA I� SOIL AND WATER CONSERVATION DISTRICTS November 26 , 1991 Mr. Allen Dornfeld Valley Branch Watershed District PO Box 838 Lake Elmo, MN 55042-0538 Re: Stillwater Senior High School Construction Dear Mr. Dornfeld: The Browns Creek Watershed Management Organization, at its November 25 , 1991 meeting, considered the proposal to temporarily pump water from the detention pond along Highway 5 into the Kern Center pond. The Kern Center pond outlets to the Browns Creek Watershed. The Browns Creek WMO's main concern is that this pumping only proceed for as long as it takes to construct the pond on the school site. The BCWMO does not want to see this pumping outlet as a means of stormwater drainage from the site after the detention pond is complete. The BCWMO feels that this is a possibility on this site as the pond outlet will not be in place until later next year. The pond could conceivably fill up, causing flooding of the project site, especially if we have a wet spring. The Kern Center pond outlets to a subwatershed of the Browns Creek Watershed which drains to Long Lake. The downstream residents in this subwatershed area are very sensitive to increased runoff and water quality impacts caused by upstream development. The Kern Center development itself was quite controversial and opposed by some of the downstream residents. AN EQUAL OPPORTUNITY EMPLOYER The BCWMO voted to approve of the proposed pumping into the Kern Center pond, but only for construction that occurs this winter to complete the detention pond. If any pumping is proposed next spring, the BCWMO would need to look at this situation again before allowing any additional discharge into it's watershed. Thank you for your cooperation in this matter. If you have any questions, feel free to call met at 439-6361 . Sincerely, Tim Fredbo Washington SWCD Consultants for the Browns Creek WMO cc: Andy Matzke BCWMO /1/4 ) ��I r I LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAULA.WOLFF November 5, 1991 MARK J.VIERLING VICKI L.GIFFORD GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER Mayor Barbara O'Neal City of Oak Park Heights 14168 57th Street North Stillwater, MN 55082 Re: Proposed Model Ordinances Regarding Soil Erosion, Restrictive Soils, Wetlands Protection and Forest Protection Dear Mayor O'Neal: I have had a chance to review the above-referenced ordinances that were forwarded to you as models and suggestions by the Minnesota Soil and Water Conservation District on behalf of the Middle St. Croix Watershed Management Organization. As part of our process in reviewing same, it appears to me that many of the concerns set forth within the Soil Erosion and Restrictive Soils as well as Wetland Protection ordinances as suggested, are already being performed by the City Engineers as they review every application for land development within the City of Oak Park Heights. There is also a fair amount of regulation within these _ordinances directed at agricultural lands, of which there is very little within the City of Oak Park Heights to contend with. ; Also, since the City of Oak Park Heights is in part within the Valley Branch Watershed Management District, all of the concerns with regard to wetland activities and development are controlled by that organization and the city's efforts to get involved in that area would only serve to duplicate that which is being done on that . level. Although these ordinances have merit in terms of the subjects on which they are generally addressing, I find that the city id in large measure already performing these services through the offices of the City Planner and City Engineer in terms of actively managing developments in terms of soil erosion and wetlands disturbances. p 1 Ms. Barbara O'Neal November 5, 1991 Page Two The proposed ordinance with regard to restrictive soils is to be better addressed to the office of the Building Inspector and although I'm hesitant to incorporate the ordinance as suggested by the Watershed Management Organization, I do believe that a very slight modification of our existing ordinances as it affects building permits and the authority of the Building Inspector, may offer our Building Inspector greater latitude and discretion in dealing with developments and construction of structures in areas where we know the soils are poor or require greater concern and attention. As it affects the model ordinance on forest protection, the same directly involves a judgment decision by the City Council as far as whether or not it wishes to preclude certain types of tree and vegetative removal from properties in the process of development. The city has in the past aggressively pursued a tree reforestation plan for the City of Oak Park Heights and the city's commitment to the Tree City Program adequately demonstrates that. This ordinance, however, is directed toward limiting or precluding development which would reduce existing crown cover of trees by greater than 50% and even as to those developments where trees , ,, :` being disturbed are less than that of 50% which is on the property, N the requirement to replace those trees by trees "of a size generally accepted as suitable for the purpose to that which x ,.Jexisted before the development, " could be exceedingly expensive. In short, I believe the general principles of the intent of the ordinance could be implemented but I am hesitant as to the specifics as proposed within this ordinance as it would affect a particular developer. I could certainly see as it affects the proposals that will be forthcoming in the future to develop the Krueger lands that the tree replacement costs (even though the final result would still be a heavily wooded residential development in some sections) , would be very extensive and potentially cost-prohibitive to a developer. Tree loss in thosZ areas as a result of utility installation and road construction alone will be significant, much less development of the individuate building pads and sites for placement of residential structures In areas where we have dense forestation, such as on the Krueger property, this ordinance in its present form could be very difficult for a developer to work with and yet recognize an economic benefit to the developer. t / Ms. Barbara O'Neal November 5, 1991 Page Three Most developers will, of course, avoid having to remove trees wherever possible as that is in and of itself a very expensive process. Additionally, where heavily wooded lots do exist, most developers want to maintain the trees for the aesthetic benefits and value that they provide to the land. In short, although I believe the intent of an ordinance could be drafted to secure the city's general purposes, the specifics of this particular ordinance I would not recommend to the City of Oak Park Heights. If the city would like this office to review and perhaps propose an ordinance which would deal with both active aspects of tree- planting within the city as well as aspects of rm. , - of trees by developers within the city, we would be happ o rev'ew the matter and provide the City Council with several . .tion n that area. Y•u ve truly, M-rk J. Vierling MJV:bc cc: Mike Kaehler, Building Inspector Joe Anderlik, Bonestroo, Rosene Anderlik & Associates WASHINGTON SOIL AND WATER CONSERVATION DISTRICT 1825 Curve Crest Blvd.,Room 101 Stillwater,MN 55082 (612)439-6361 MINNESOTA rff-L � 4; yj> SOIL AND WATER CONSERVATION DISTRICTS OCT 199 1 September 30 , 1991 y I To: LaVonne Wilson , Administrator Oak Park Heights City Hall ,/y 14168 57th St. N . Oak Park Heights, MN 55082 From: Tim Fredbo, Washington SWCD Consultants for the Middle St. Croix WMO Re: WMO Plan Implementation This letter and the enclosed information is being sent to you as a result of a decision that was made by the Middle St. Croix Watershed Management Organization (MSCWMO) at their last meeting . Now that their plan is complete and approved , local units of government within the watershed are now required to prepare and adopt their own local water management plans , or adopt the MSCWMO plan as their own . If your community decides to prepare a local plan , it must be consistent with the objectives and policies of the MSCWMO plan. In an effort to simplify your community ' s planning effort, the MSCWMO evaluated its own goals, objectives and policies in reference to local land-use regulation . It is through land-use regulations that your community can control and 14, vv, AN EQUAL OPPORTUNITY EMPLOYER • manage activities that could affect the water resources of the MSCWMO Watershed . Figure 12 , enclosed , identifies those land use regulations that the MSCWMO has identified as necessary to implement its plan . Figure 12 also shows which regulations your community already has (Y) , and which ones you will be required to adopt (N) . Enclosed you will find copies of model ordinances or regulations which the Soil and Water Conservation District has prepared to assist your community . They include a soil erosion, wetland preservation , and restrictive soils ordinance. These ordinances were prepared solely for the purpose of implementing the objectives and goals contained in the MSCWMO plan. The Stormwater Management Policy that Figure 12 refers to is contained in Policies 1A through 1G, pages 16-18, of the MSCWMO plan . To achieve and maintain compliance with the required land- use regulations , the MSCWMO is instituting a project referral system. The referral system will function very simply . When an individual comes into your community 's or the county' s office and files a preliminary plat, or applies for a grading and/or fill permit, building permit within 1000 feet of a lake, pond , wetland or watercourse, a driveway permit, or is filing a complaint, that individual is required to fill out the enclosed referral form ( Exhibit A) ; which should be sent to the Washington Soil and Water Conservation District within three ( 3 ) working days, the district will make the following determination: 1 . Does the project or activity affect an inventoried water of the Middle St. Croix Watershed? Project or land-use activities may include but not be limited to: -Preliminary Plat Approval Applications -Grading or Fill Permits ( this would include grading of more than 10 , 000 square feet, filling or excavating of land in or adjacent to a Water Resource as shown on the MSCWMO Water Resources Inventory. ) -Mining Permit (the mining of sand, gravel , rock or topsoil when the operation is located in or adjacent to a Water Resource as shown on the MSCWMO Water Resources Inventory . ) -Driveway Permit (Any driveway that will cross a water resource as shown on the MSCWMO Water Resources Inventory . ) -Building Permit (Building permits not associated with an approved subdivision when located within 1000 feet of a lake , pond or wetland or 300 feet of a watercourse or drainageway identified on the MSCWMO Water Resources Inventory . ) -Complaint ( A complaint filed with the local unit of government that describes a flooding , soil erosion, or sedimentation problem. ) 2 . The appropriate water management classification 3 . The need for review and comment by the MSCWMO and the date of its next meeting . 4. What land-use regulations the applicant must comply with and your local community must enforce . The MSCWMO Water Resources Inventory Maps are included in your community' s copy of the MSCWMO Plan. If you have any questions , or require any further assistance , please contact me at 439-6361 . CC : MSCWMO Members Enclosure Exhibit A Middle St. Croix Water Management Organization Water Classification Referral APPLICANTS Name: Address: Day Phone PROJECT DESCRIPTION (check appropriate activities) Preliminary Plat Approval Grading or Fill Permit Building Permit within 1000 feet of lake, pond, wetland , or 300 feet of a watercourse, or drainageway. Driveway Permit Complaint (Reason) : (attach additional sheets if necessary) PROJECT LOCATION: ( location of activity) (attach map or drawing) (for SWCD use only) Project affects inventoried waters Water Management Classification Project requires MSCWMO review next meeting Land-use regulations which apply FORWARD ENTIRE FORM TO: Washington Soil and Water Conservation District 1825 Curve Crest Blvd. Stillwater, MN 55082 a m z m z -< O ! = A fell i E p m 0 m o n m O O = m X 0 n "fa p r "4 C n C .4 ; .q 9- 111 ! - 1 y _ ! _ ; s C m 0 <O p = • C p 9 2 .4 mto -i to O .4 W 2 f O0 A a O m • � N m A 0 -1 A > Os 0O "' ." A •-1A IIIII DD OAf r r -1 o ! -+ II v <z f t z > � O• 2. 26 T• -1 a Q4 z z • z m to z s_ Z - 41 J J c o a ° O Z v Z 23 • m Z MI > r1 1 1 -1 C r p m Z -Zi Z z of m on fit 0 N Z Z Z Z Z Z Z Z Z Z Z m< Ar so • a A a < z m l a c Z Z Z Z .l< Z Z Z Z Z a <• m - -1A Z _ °z z c Z s m m O o z c s s Z Z Z Z Z Z Z Z _ Z Z Z Z ' o a o r o z z at c z z D r O c W cO-i 33 rn 9 Z Z -< Z Z Z -< Z Z Z Z -< Z m 0 a Am --4 r z A9 X z c- o ao c fn c J ,,/ J J J c N rn O z m J '1 '1 "1 s --I -.i H m 01 o Z A m V Z c r a -I MODEL SOIL EROSION ORDINANCE May, 1991 Prepared by: Washington Soil and Water Conservation District • r•� It PS:1F 06-03-88 WASHINGTON COUNTY MODEL SOIL EROSION ORDINANCE The county board of commissioners of County [the city council of the City of , the town board of the Township of ) ordains: Section 1.0. Authority. This ordinance is enacted pursuant to Minnesota Statutes, sections 40.19 to 40.28. Section 2.0. Purpose of this ordinance is to encourage and guide the use of land in accordance with its capabilities, to treat it according to its needs, to prevent the degradation of lands, streams, and rivers, and to protect and promote the health, safety, and general welfare of the people of _ _____ County [the City of , the Township of ]. Section 3.0. Scope. This ordinance, and soil loss limits specified in the ordinance, applies to all unincorporated [incorporated] land within County [the City of , the Township of ]. J including but not limited to agricultural land, woodland, pasture land, and land subject to development activity. Section 4.0. Definitions. For purposes of this ordinance, the following terms have the meanings given them in this section: 4.1. Agricultural use. "Agricultural use' means use of land for the production of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock including sod, fruit, vegetables, forage and cash grains, forestry, or bees and apiary products. Wetlands, pasture, and woodlands accompanying land in agricultural use are also in agricultural use. 4.2. Conservation plan and time schedule. 'Conservation plan" means a document listing a set of practices that when implemented will decrease soil erosion to the soil loss limits on a particular parcel of land. The 'time schedule' sets times to implement, make satisfactory progress, and complete the conservation plan. I / 41 i 4.3. Conservation practices. 'Conservation practices" means practices and standards containing a definition, purpose, and conditions under which the practice applies, including design requirements, and specifications containing a statement of details required for installing a conservation practice, including kinds, quality, and quantity of work and materials needed to meet the standards. 'Kart /� WASHINGTON COUNTY DIfk'° 06-03-88 A conservation practice may be a permanent or temporary, vegetative or structural measure that when applied to the land will contribute to the control of wind and water erosion and sedimentation. Conservation practices may be used in a development activity area or an agricultural use area. Permanent practices are those that have an effective life of ten years or more and include grassed waterways, terraces, field windbreaks, water control structures, grade stabilization structures, sediment retention structures, striperopping, water and sediment control basins, and other permanent practices approved by the Minnesota Board of Water and Soil Resources. lemporary practices include conservation tillage, contour farming, grasses and legumes in rotation, emergency tillage, fabric filter barriers, filter strips, stormwater inlet and outlet protection and any other cultural practices approved by the Minnesota Board of Water and Soil Resources. The field office technical guide or other recognized technical procedures must be used to design, install, and certify practices. 4.4. County [City, Town]. "County [City, Town]" means the elected governing body of County [the City of , the Township of __ __�j, or its designated officials or agents. Agents may include districts, water management organizations, joint powers boards, watershed districts, or other governmental entities responsible for resource management within _ County [the City of , the Township of j. After adopting a soil loss ordinance, the county [city, town] may enter into an agreement with its agent allowing the agent to administer the functions and perform the duties of the county [city, town] set out in sections 7.0, 8.0, 9.0, 10.0, 11.0, and 14.0. 4.5. Development activity. "Development activity" means a physical disturbance, excluding agricultural use, of the land associated with activities that may result in sedimentation of adjacent lands or waters. These activities include, but are not limited to, clearing, grading, excavating, transporting, draining and filling lands. Federal, state, county, and municipal road construction designed and installed according to Department of Transportation standard specifications for construction are not development activities. 4.6. District. "District" means a soil and water conservation district organized under Minnesota Statutes, chapter 40. DRAFT WASHINGTON COUNTY r ` 06-03-88 DR1 �sr. 4.7. Erosion. "Erosion" means any process that wears away the surface of the land by the action of water, wind, ice, or gravity. "Erosion" can be accelerated by the activities of man and nature. 4.8. Excessive soil loss. "Excessive soil loss" means soil loss that is greater than the soil loss limits set out in section 4.14, or which causes sedimentation on adjoining land or in a body of water, watercourse, or wetland. 4.9. field office technical guide. "Field Office Technical Guide" means the guide developed by the United States Department of Agriculture, Soil Conservation Service and adopted by the district. The technical guide contains methods and procedures by which the various types of erosion can be estimated and conservation practice standards and specifications required in the application of soil and water conservation practices. 4.10. Land occupier. "Land occupier" means a person, firm, corporation, municipality, or other legal entity that holds title to or is in possession of • any land as owner, lessee, renter, tenant, or otherwise. The term includes both the owner and the occupier of the land if they are not the same. 4.11. Sediment. "Sediment" means solid mineral or organic material, that, in suspension, is being transported, or has been moved from its original site by air, water, gravity, or ice, and has been deposited at another location. 4.12. Sedimentation. "Sedimentation" means the process or action of depositing sediment that, upon inspection, is determined to have been caused by erosion. 4.13. "Sedimentation control plan; time schedule" means a document listing a set of practices that, when implemented, will decrease sedimentation to the allowable level on a particular parcel of land. A "time schedule" must set times to implement, make satisfactory progress on, and complete the • "sedimentation control plan.'" 4.14. Soil. "Soil" means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for growth of land plants. 4.15. Soil loss limit. "Soil loss limit" means the maximum amount of soil loss from water or wind erosion, expressed in tons per acre per year, allowed on a particular soil. The soil loss limits for soils found in _ � County [the City of , the Township of ] are the soil loss tolerances for each soil series as described in the Field Office DRAFT • WASHINGTON COUNTY DRAFT 06-03-88 lechnical Guide. [Optional: The United States Department of Agriculture Soil Conservation Service has prepared a soil survey for County that sets out the soil loss tolerances, according to the Field Office Technical Guide, for each soil series found in County. The official County Soil Survey is adopted by reference and declared to be a part of this ordinance. The official County Soil Survey shall be on file in the offices of the county auditor and zoning administrator.] The soil loss limit for each soil series found in County [the City of , the Township of ] is set forth below: Soil Series Tolerance/Soil Loss Limit Any other soil found in County [the City of , the Township of ] and not listed herein has a maximum soil loss tolerance of 5 tons per acre per year. 4.16. Soil loss tolerance. "Soil loss tolerance" means the maximum level of soil erosion that will permit a high level crop productivity to be sustained economically and indefinitely. Section 5.0. Excessive soil loss prohibited. A person may not cause, conduct, contract for, or authorize an activity that causes excessive soil loss. 5.1. Agricultural activity. A land occupier shall: (a) if engaged in an agricultural use, prevent excessive soil loss . and ensure that proper management and conservation practices are being applied to the land; (b) if using wooded or open land for pasture, ensure that proper management is used to prevent excessive soil loss due to overgrazing or cattle paths; (c) if using wooded land for timber harvest, ensure that proper management is used to prevent excessive soil loss; and (d) if a body of water, watercourse, or wetland is located within DRAFT WASHINGTON COUNTY DRAFT 06-03-88 an agricultural use area, wooded or open land used for pasture, or a wooded area used for timber harvest, ensure that proper management and conservation practices are being applied to the surrounding land. 5.2 Development activity. A person engaged in a development activity that will disturb land must submit a sedimentation control plan and time schedule that will prevent excessive soil loss or sediment from damaging adjacent land, bodies of water, watercourses, or wetlands, to the local government or its agent for approval. Section 6.0. Exemptions. An occupier of agricultural land is not violating section 5.0 if the district report, as developed through section 8.2, shows that existing farming practices and methods are being effectively applied to control soil loss. 6.1. A land occupier engaged in federal, state, county, municipal, or n township road construction and maintenance is not violating Section 5.0 if the • road construction and maintenance is designed and installed according to Department of transportation standard specifications for construction and maintenance. 6.2. A land occupier engaged in a development activity will not be required to develop a sediment control plan and will not be considered in violation of section 5.2 when involved in one of the following activities: ( 1) minor land disturbance activities such as home gardens and individual home landscaping, repairs, and maintenance work; ( 2) construction, installation, maintenance of electric, telephone and utility lines or individual service connection to utility lines; ( 3) septic tank lines or drainage fields unless included in an overall plan for a' land development activity relating to construction of a building to be served by the septic tank system; ( 4) preparation for single-family residences separately built, unless in conjunction with multiple construction in subdivision development; ( 5) disturbance of land areas less than 10,000 square feet for commercial or noncommercial uses, except that the governing body of the local unit of government may reduce this exception to a smaller area of disturbed land or quality the conditions under which this exception applies; ( 6) installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; and DRAFT WASHINGTON COUNTY DRAF1T 06-03-88 (7) emergency work or repairs to protect life, lim or property. SOIL EROSION CONTROL FOR AGRICULTURAL USE Section 7.0. Complaint. An adversely affected land occupier, and elected or appointed official of the county [city, town] or a district board member may submit a signed, written complaint to the county [city, town] if conditions exist that indicate there is excessive soil loss from a tract of land. 7.1. Elements of complaint. The signed, written complaint must contain: ( 1) the name and address of the allegedly offending land occupier; ( 2) the location of the tract of land with the alleged excessive soil loss; a ( 3) other land or water that is allegedly being affected by the excessive soil loss; and • ( 4) a description of the nature of the alleged excessive soil loss and resulting sedimentation. 7.2. Complaint to district. The county [city, town] shall submit the complaint to the district for soil loss determination. The local government shall notify the alleged offending land occupier of the complaint and that the district will be contacting the land occupier to review the site, determine the severity of the problem, and assist the land occupier in correcting the problem. The local government shall also name a contact person for further assistance. Section 8.0. District determination of soil loss. The district shall determine the average annual soil loss in tons per acre per year for the tract of land cited in the complaint. , 8.1. Entry for inspection. The district may enter public or private land to make an inspection to determine soil loss or to complete the report. The land occupier must be notified of the time of the inspections and be given an opportunity to be present when the inspection is made. (a) the land occupier shall be notified of the time of inspection ten (10) days prior to the date of the inspection. (b) the notice shall be delivered either by personal service or by certified mail. (c) If the owner of the property and the occupier of the residence differ, both shall receive notification under the procedure stated above. DRAFT WASHINGTON COUNTY DRAFT 06-03-88 8.2. Report. The district shall submit a report to the county [city, town] that states the average soil loss in tons per acre per year for each tract of land and whether that soil loss is excessive under the applicable soil loss limits. • (a) If the soil loss is excessive the report must include identification of existing farming practices and a preliminary conservation plan and time schedule that will prevent excessive soil loss. (b) If the district report shows that soil loss from the tract of land is equal to or below the soil loss tolerance for that soil series, the county [city, town] may dismiss the complaint and notify the land occupier. Section 9.0. Notice of excessive soil loss. The county [city, town] shall issue a notice of excessive soil loss to the land occupier. The notice shall: (a) describe the land and state the extent to which soil loss exceeds the soil loss limits; (b) be delivered by either personal service or by certified mail; and (c) state a time, not more than 90 days after the date of delivery of the order, by which mediation must be commenced. 9.2. Appointment of mediator. The county [city, town] may appoint the planning and zoning director, a planning commissioner, or other county [City, Town] official to act as mediator. The county [city, town] may also contract with a mediation center to provide mediation services. 9.3. Settlement. The land occupier and the county [city, town] must attempt to agree on a conservation plan and time schedule that will reduce soil loss to the local soil loss limits. 9.4. Filing of settlement. A mediated settlement must be approved by the local government and the land occupier, put in writing, and filed with the . county. 9.5. Cost-share funds. The land occupier has 90 days after the settlement is filed to apply for state cost-share funds that will provide 75 percent of the cost of the permanent'conservation practices. Only 50 percentcost-share may be provided if the application is not made within 90 days after the settlement is filed. The land occupier must apply for 50 percent cost-share within 270 days after the mediated settlement is filed. DRAFT WASHINGTON COUNTYDRAFT 06-03-88 9.6. Penalty. A land occupier who does not comply with the provisions of the mediated written agreement is subject to a civil penalty up to $500. Section 10.0. Forwarding complaint to county attorney. If the county [city, town] and land occupier do not reach a mediated settlement, or if the land occupier refuses to participate in mediation, the county [city, town) shall forward the complaint to the county attorney. The county attorney may petition the district court for a hearing under section 11.0. Section 11.0. District court hearing. If the land occupier and the county [city, town] do not reach a mediated written agreement or if the land occupier has refused mediation, the county attorney may petition the district court for a hearing. The land occupier may present a conservation plan and time schedule as an alternative to the county's [city's, town's] conservation plan and time schedule. The court shall follow the procedure and the criteria set out at Minnesota Rules, part 8400.4055 in issuing an order for the implementation of a conservation plan and time schedule. • 11.1. Cost-share funds. If the court orders the implementation of: (a) the land occupier's conservation plan and time schedule, amends the conservation plan and time schedule, or develops a new conservation plan and time schedule, the land occupier is eligible to apply for 75 percent cost-share funds for permanent conservation practices. The land occupier must apply for the cost-share within 90 days after the court order. If the land occupier does not apply within 90 days for the cost share funds, the cost-share must be reduced to 50 percent. The court shall establish a time when the land occupier is not eligible for cost-share funds if an application is not made; or (b) the conservation plan and time schedule developed by the county [city, town] the land occupier shall be eligible foi, 50 percent cost-share funds if the land occupier applies within 90 days after the court order. 11.2. Penalty. If the land occupier does not comply with the provisions of the court order. the land occupier is subject to a civil penalty up to $500. Section 12.0. District assistance. A land occupier who has filed a mediated written settlement under section 9.3 or who has received a court order under section 11.0 may request the district to assist in the planning, design. and application of practices necessary to reduce soil loss to the soil DRAFT WASHINGTON COUNTY 06-03-88 DRAFT loss limits set out in section 4.15. The district must give the land occupier a high priority for technical and cost-share fund assistance. Section 13.0. Cost-share application. The method of application and eligibility requirements for cost-share funds shall follow Minnesota Rules, parts 8400.0100 to 8400.2900. If any other state of federal cost-share funds are used, the method of application and eligibility requirements shall follow the current state or federal guidelines. SOIL EROSION CONTROL FOR DEVELOPMENT ACTIVITIES Section 14.0. Sedimentation control plan for development activities. The provisions of this section only apply to County [the City of - , the Township of ] jurisdiction over unincorporated :1 [incorporated] areas. • 14.1. Sedimentation control plan. A person engaged in a development activity that will disturb land must submit a sedimentation control plan and time schedule that will prevent excessive soil loss or sediment from damaging adjacent land, bodies of water, watercourses, or wetlands, to the county [city, town] or its agent for approval. 14.2 A sedimentation control plan and time schedule must specify how the movement of soil and damage to other lands and regions will be minimized, during the construction process, these methods include, but are not limited to, the use of: temporary and permanent seedings, fabric, plastic, or straw barriers, mulch, sediment control basins, or other conservation practices adequate to prevent erosion and sediment damage. A sedimentation control plan is not required for the following development activities: ( 1) minor land disturbance activities such ar•home gardens and • individual home landscaping, repairs, and maintenance work; ( 2) construction, installation, maintenance of electric and telephone utility lines or individual service connection to the utility lines; ( 3) septic tank lines or drainage fields unless included in an overall plan for a land development activity relating to construction of a building to be served by the septic tank system; ( 4) preparation for single-family residences separately built, unless in conjunction with multiple construction in subdivision development; ( 5) disturbance of land areas less than 10,000 square feet for commercial or noncommercial uses, except that the governing body of the local DRAFT 4=) WASHINGTON COUNTY DRAFT 06-03-88 unit of government may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception applies; ( 6) installation of fence, sign, telephone and electric poles and other kinds of posts or poles; and ( 7) emergency work and repairs to protect life, limb, or property. 14.3 the following must be addressed in developing and implementing a sedimentation control plan: ( 1) stabilization of denuded areas and stockpiles; ( 2) establishment of permanent vegetation; ( 3) protection of adjacent areas; ( 4) timing and stabilization of sediment trapping measures; ( 5) use of sediment basins; ( 6) stabilization of cut and fill slopes; ( 7) stormwater management for controlling off-site erosion; • ( 8) stabilization of waterways and outlets; ( 9) stormsewer inlet protection; (10) working in or crossing waterbodies; (11) underground utility construction; (12) construction access roads; (13) disposition of all temporary measures; and (14) maintenance of all temporary and permanent urban conservation practices. (a) The time schedule accompanying the sedimentation control plan must establish deadlines for the .implementation and completion of each phase or element of the sedimentation control plan. 14.4 The Minnesota Construction Site Erosion and Sediment Control Planning Handbook shall be the minimum planning standard for a sedimentation control plan. Any other procedures must be approved by the local unit of government and the district prior to its use. 14.5 Any conservation practice developed for the sedimentation control plan may not be located in violation of any existing ordinance the county [city, town] is currently enforcing. 14.6. Review. The county [city, town] may appoint the zoning or planning director, building inspector, engineer or district to review the sedimentation control plan and time schedule. DRAB" WASHINGTON COUNTY DRAFT 06-03-88 The county [city, town] must forward the sedimentation control plan and time schedule to the appointed reviewer within seven (7) days of receiving the sedimentation control plan and time schedule from the land occupier. The appointed reviewer must review the sedimentation control plan and time schedule within 21 days of receiving the plan from the county [city, town]. The county [city, town] shall notify the land occupier of its decision after receipt of the comments from the reviewer and no more than 28 days after receiving the sedimentation control plan and time schedule from the land occupier. 14.7. Permit required. If the reviewer determines that the sedimentation control plan and time schedule will control sedimentation, the county [city, town] shall issue a permit that authorizes the development activity contingent upon the implementation and completion of the sedimentation control plan. Y If the reviewer determines that the sedimentation control plan and time • schedule do not control sedimentation, the county [city, town] shall not issue a permit for the development activity. The sedimentation control plan and time schedule shall be re-submitted for approval before the development activity begins. 14.8. Penalty. A person engaged in a. development activity who does not secure a sedimentation control plan and time schedule or make satisfactory progress to complete the plan and schedule or make satisfactory progress to complete the plan and schedule is subject to a civil penalty. The county [city, town] shall file the complaint with the county attorney. Section 15.0. Establishment of cost-share funds. Except for a development activity, a land occupier is entitled to apply for cost-share funds in the amounts set in sections 9.5 and 11.1. If cost-share funds are not currently available; the land occupier and district shall enter into a priority cost-share assistance contract for future cost-share funds. The priority cost-share assistance contract shall state the percentage of cost-share funds as set in sections 9.5 and 11.1. With the approval of the priority cost-share assistance contract, the land occupier shall be in compliance with the mediated or court ordered agreement. Section 16.0. Variance. A land occupier may petition the local government for a variance from the ordinance. DB ,c) WASHINGTON COUNTY DRAFT 06-03-88 16.1. the land occupier must document in the variance the economic hardship or technical infeasibility for the petition. Section 17.0. More restrictive standard controls. In the event of any conflict between the provisions of this ordinance and the provisions of an erosion control ordinance adopted by any township or home rule or statutory city, the more restrictive standard prevails. Section 18.0. Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance is not affected. Section 19.0. Incorporation of rules and documents. Minnesota Rules, part 8400.4000 to 8400.4075 are incorporated by reference into this ordinance. The priority cost-share assistance contract is incorporated by reference into this ordinance. Section 20.0 Provisions are cumulative. The provisions of this ordinance are cumulative to all other laws, ordinances, and regulations heretofore passed, or which may be passed hereafter, covering any subject matter in this ordinance. Section 21.0 Effective date. This ordinance shall be effective the day after passage by the county board [city council, town board]. slre:)1 i} MODEL RESTRICTIVE SOILS ORDINANCE May, 1991 • • Prepared by : Washington Soil and Water Conservation District 1 MODEL RESTRICTIVE SOILS ORDINANCE I . Legislative Findings and Purposes The of finds that certain areas within the are characterized by certain soil types , slopes , and water levels which, without proper corrective action, are unsuitable for development of any type; inappropriate development in these areas increases soil materials into groundwater, encourages pollution, destroys ecological and natural resources, and requires expenditures of public funds to correct deficiencies; thereby acting to the detriment of the health, safety and welfare of the citizens of Therefore, the purposes of this Ordinance are to provide for the regulation of development on restrictive soils in such a way as to minimize the risk of environmental damage and to protect private homeowners and governmental units from incurring high maintenance and capital costs resulting from the necessity of correcting deficiencies encountered as a result of development on poorly suited soils . II . District Boundariea This Ordinance shall apply to areas within the of which are delineated on the official soils maps of as contained in the Washington County Soil Survey, and have soil types set forth in Table A (attached ) . For purposes of determining the application of this Ordinance to any particular parcel of land, the above referenced map shall be on file in the office of the and shall be available for inspection and copying. III . Definitions A. Person. Any individual or firm, corporation, partnership, association or other private body or governmental entity. B. Structure . Any building which may provide shelter for any person, animal or item of property. Revised 5-1-91 2 IV. Restrictive Soils Development Permit Provision A. Except as hereinafter provided in this ordinance, no person shall erect any structure within restrictive soils areas without having first obtained a written permit from authorizing the same . B. Exceptions. The permit requirements established by this Ordinance shall not apply to: 1 . Any public agency or its contractor or any person performing work within a right-of-way of any public agency pursuant to a permit issued by such public agency. 2 . Emergency work necessary to preserve life or property. When emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the prior to the commencement of the work. The shall review the facts and determine whether any emergency exists and shall , by written memorandum, authorize the commencement of the emergency exception. The person commencing emergency work shall , within ten days following the commencement of that activity, apply for the issuance of a restrictive soils development permit and on the issuance thereof may be required to perform such work as is determined to be reasonably necessary to fulfill the purposes of this Ordinance. 3 . Development consisting of the corrective alteration, repair or maintenance of any lost full use of land existing on the date of adoption of this Ordinance. C. Application for and Processing of Permit. A separate application for a permit shall be made to the for each development for which a permit is required except that only one application need be made for two or more such acts which are to be done on the same parcel . The application shall include a map of the site and a delineation of the soils found in the site along with a plan and cost estimate of the proposed development and such other engineering data, surveys , and other information and material as may be required in order to determine the effects of such development on the affected land and the suitability of the soils for said development. When proposed work includes construction or alterations of structures, such work shall be submitted with the application, along with detailed drawings of any special foundation structures and/or special provisions for on-site sewage disposal . 3 D. Issuance of Permit. The following standards shall govern the issuance of permits for development within restrictive soils overlay district: 1 . General Standards. Development on restrictive soils shall not be permitted until an investigation and subsequent report has been completed and presented to the by a professional engineer or soil scientist experienced and knowledgeable in the practice of soils and soils mechanics , and until the recommendations thereof have been incorporated into the design plan and specification. No permit shall be issued for development on soils deemed by the Ordinance to be unsuitable. 2 . Attached hereto and labeled Table A is a grouping of restrictive soils from the Soil Survey of Washington County which are hereby incorporated and made a part of this Ordinance. The soil symbols set forth in Table A are highly restrictive for residential , commercial , industrial or other development due to high water table (three feet or less ) , steep slope conditions ( 18% slopes or greater) , high shrink swell potential , high frost action potential , or shallow to bedrock. No development permit shall be issued unless it has first been demonstrated by the developer that buildings shall be constructed in accordance with the standards found in the Minnesota State Building Code for appropriate soil conditions, and that a soil absorption disposal system can satisfactorily function in accordance with municipal regulations. Said standards are hereby incorporated by reference into this Ordinance. E. Conditions . A special permit may be approved subject to compliance with conditions reasonable and necessary to insure compliance with the requirements contained in the Ordinance which are specifically set forth in the permits . Such conditions may, among other matters , limit the size, kind or character of the proposed development , require the construction of other structures, including special foundations and soil stabilization structures, establish required monitoring procedures, require such alterations of the site as may be necessary, and/or require the conveyance to the or other public entity of certain lands or interests therein. 4 F. Time of Permit - Extensions, Reviews. 1 . A permittee shall begin the work authorized by the permit within sixty ( 60 ) days from the date of issuance of the permit unless a different date for the commencement of work is set forth in the permit. The permittee shall complete the work authorized by the permit which in no event shall exceed more that twelve months from the date of issuance . The permittee shall notify the at least twenty-four hours prior to the commencement of work. Should the work not be commenced as specified herein, then the permit shall become void; provided, however, that if prior to the date established for commencement of work, the permittee makes written request to the for an extension of time to commence the work, setting forth the reasons for the require extension. The may grant such extension. A permit which has become void may be renewed at the discretion of the the upon payment of a renewal fee. If does not grant such renewal , a permit for such work may be granted only upon compliance with the procedures herein established for any original application. 2 . Notice of Completion. The permittee shall notify the in writing of the termination of the work authorized and no work shall be deemed to have been completed until approved in writing by the following such written notification. 3 . Inspection. The may cause inspections of the work to be made periodically during the course thereof by himself or a member of the staff and shall cause a final inspection to be made following the completion of the work. G. Variances and Appeals. Variance and appeals for this Ordinance shall be administered pursuant to Section of the Zoning Ordinance. IV. Responsibility: Effect A. Responsibility. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of the Ordinance shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability on the or its officers or • r MODEL WETLAND PROTECTION ORDINANCE May, 1991 Prepared by: Washington Soil and Water Conservation District 1 MODEL WETLAND PROTECTION ORDINANCE I. Legislation Findings and Purpose A. Findings. The finds that wetlands within the as part of the natural ecosystem are critical to the present and future health, safety and general welfare of the land, wildlife, and people within the ; that these wetlands conserve surface waters, provide floodwater retention and improve water quality for our lakes and streams. Further, these wetlands improve subsoil moisture and serve to recharge the large aquifers critical to Washington County and the surrounding metropolitan area. The recognizes that existing and future development within the has the potential of despoiling, polluting, and irretrievably altering the wetlands and their natural functions, which' if properly maintained would constitute important ecological , educational and recreational assets as well as enhancing property values and conserving the natural beauty of the landscape. B. Purpose. The purpose of this ordinance is to preserve wetlands in as natural a state as possible so as to provide natural retention and sedimentation control areas for surface waters; to regulate the use of areas adjacent to the wetlands to protect their natural function; to prevent or minimize soil erosion, sedimentation or eutrophication; to prevent loss of aquatic organisms , wildlife and vegetation; to protect surface and ground water supplies from the. danger of drought , pollution or mismanagement; to secure safety from local flooding; to reduce the financial burdens imposed upon individuals and the community through the extra costs associated with occupancy or use of areas subject to periodic flooding; to enhance and preserve water quality and to enhance and preserve natural drainageways as opposed to costly underground culverts. In summary, the public interest necessitates sound land use and development since land within the community is a limited and irreplaceable resource to be developed in a manner which will result in minimum damage to the ecosystem, damage to property and threat to public health as well as reduction of private or public economic loss caused by drainage problems. Revised 5-1-91 II. Boundaries 2 This ordinance shall apply to wetland areas within the which are delineated on the official wetlands map of the , or any Water Resources Inventory maps of any Watershed Management Organization or Watershed District within the . In the absence of any of the above wetlands maps, the National Wetlands Inventory Maps of the United States Fish and Wildlife Service should be used. The above referenced maps shall be on file in the office and shall be available for inspection. Where interpretation is needed as to the exact location of the boundaries of a wetland, the shall make the necessary interpretation upon examination of the site in the field. The Federal Manual for Identifying and Delineating Jurisdictional Wetlands, January 10, 1989, shall be used for guidance regarding the delineation of wetlands. The may consult with technical staff of local , state and or federal agencies and may use their recommendations in making it 's interpretation. III. Definitions A. person. Any individual or firm, corporation, partnership, association or other private body or governmental entity. B. Wetland. Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances so support, a prevalence of vegetation typically adapted for life in saturated soil conditions. C. Drainageway. Any natural , altered or artificial watercourse which has definable beds and banks capable of conducting confined runoff from adjacent lands. D. Alteration. Any change or modification of land, water, vegetation or existing structure in a wetland. E. Development. The construction, installation or alteration of any structure; the extraction, filling, clearing or other alteration of land or vegetation; the change of cross section of any water body or watercourse; and/or the subdivision of land. • 3 F. Development Permit. Any building permit , zoning permit , plat approval , re-zoning, certification, conditional or special use permit or variance. IV. Regulations No development or alterations of any kind shall be allowed within a wetland that is included on any of the wetland maps as listed in Section II of this ordinance, and is greater than 1/2 acre in size without first having obtained a written permit from the V. prohibited Activities Activities not allowed in a wetland without a permit include but are not limited to the following: 1 . Digging, dredging, filling, draining or in any way altering or removing material. 2 . Removal of vegetation except to abate a public nuisance and with the written permission of the 3 . Construction, alteration or removal of any structure . 4 . Altering of any embankment of a ponding area or changing the flow of water or ponding capacity. 5 . . Storing of materials. 6 . Disposal of waste materials including but not limited to yard waste and demolition debris. 7 . Installation or maintenance of essential services; i .e. roads, sanitary sewer etc . VI . Permit Provisions A. General . Except as hereinafter provided in this section, no development, grading, filling, dredging, draining , construction or septic systems, wells or other alterations shall be allowed within a wetland without first obtaining a written permit from Exceptions : Emergency work necessary to preserve life A property; repairs or maintenance of any lawful use of land existing on the date of adoption of this ordinance. 4 B. Application, Issuance of Permit. A separate application for a permit shall be made to the for each development activity for which a permit is required except that only one application need be made for two or more such acts which are to be done on the same parcel . The application shall include a map of the site and a plan and a cost estimate of the proposed development and such other engineering data, surveys, and other information and material as may be required in order to determine the effects of such development on the affected land and water uses, such as ( 1 ) extent of wetland, ( 2 ) a description of the amount and location of work to be performed, ( 3 ) a survey of the ecological characteristics of the wetland, (4 ) maps and data on soils, water table and the flood capacity of the wetland, ( 5 ) copies of permits or permit applications from the Minnesota Department of Natural Resources, and the US Army Corp of Engineers. It is the responsibility of the applicant to determine if permits from the Corps, the DNR, and/or other governmental agencies are required. When proposed work includes construction or alteration of structures , three sets of plans and specifications for such work shall be submitted with the application. The wetlands permit application shall be processed in accordance with the procedures specified for the processing of conditional use permits and the wetlands permit may be processed at the same time and in connection with the processing of an application for a building permit or any other permit required to be granted by the ordinances of the Work authorized by a permit shall begin within ninety days from the date of issuance unless otherwise stipulated, The work shall be completed within twelve months from the date of issuance unless such time is extended by the . The shall be notified at least forty-eight (48 ) hours prior to the commencement of work. If the work is not initiated and completed as specified, the permit shall be voided. C. Permit Standards. No permit shall be issued unless the determines that the proposed alteration complies with the restrictions of this section as well as the intent and purpose of this ordinance. A permit for minimum alteration of a wetland may be allowed when necessary for the use of property but in no case shall the following restrictions be exceeded unless a variance is granted by the as set forth in Section VII of this ordinance. 5 Restrictions : 1 . Any alteration shall not cause a reduction in the flood stage capacity or in water quality enhancement value of the wetland under condition of ultimate development during a 24 hour, 100 year event. 2 . Any alteration shall minimize the impact on vegetation and shall not reduce the existing wildlife habitat value of a wetland as determined by the 3 . Any alteration shall not have a significantly adverse effect upon the ecological and hydrological characteristics to the wetland as determined by the 4 . Only fill free of chemical pollutants and organic waste may be used. 5 . Alterations shall not adversely change the water flow characteristics within the wetland as determined by the 6. Work in the wetland will not be performed during the breeding season of waterfowl or fish spawning season unless it is determined by the that these elements are not present. 7. Erosion control measures shall be put in place prior to beginning work and shall be approved by the . All permits involving the disturbance of soil , including building permits, shall contain provisions which specify temporary as well as permanent erosion controls. All projects involving more than 10,000 square feet of disturbed ground or disturbed slopes greater that 15% shall have a detailed erosion control plan consistent with the Minnesota Construction Site Erosion and Sediment Control Planning Handbook and approved by either the Soil and Water Conservation District or a registered engineer. 8 . The applicant shall be required to demonstrate that after the development is completed that soil loss will be prevented and conditions on the site stabilized. 6 9 . Stormwater runoff from a development may be directed to the wetland only when substantially free of sediment, debris and chemical pollutants and only at rates which will not substantially disturb vegetation or increase turbidity as determined by the 10 . The proposed action shall not cause stormwater runoff from the development which would exceed the rate or volume of runoff as required by the Surface Water Management Plan. 11 . The quality of water infiltrated to water table or aquifer shall be substantially unchanged by the alteration. 12 . No alteration shall be allowed which will endanger the health, safety or welfare of persons or which may result in unusual road maintenance costs or utility line breakage due to soil limitation such as high frost action. 13 . Removal of vegetation within a wetland area shall be allowed only when reasonably required for the placement of permitted structures or for normal use of property. VII. Criteria The functional values and acreage lost as a result of a wetland alteration shall be replaced according to the following criteria: 1 . Replacement wetlands shall be created in upland areas or in previously drained or filled wetlands at a rate of 1 . 5 times the area of the original wetland. Preference will be given to replacement wetlands created in previously drained or filled wetlands. 2 . Replacement wetlands shall be of equal or greater public value in terms of water retention, water quality enhancement, wildlife habitat , recreation, aesthetic quality and education value. Replacement wetland values will be measured according to The Minnesota Wetland Evaluation Methodology for the Nom Central United States, prepared by the Corps of Engineers, in conjunction with the Minnesota Environmental Quality board, September, 1988 . 3 . Replacement wetlands shall be located within the 7 4 . Replacement wetlands shall be completed and approved by the before alteration of the existing wetland. If this criteria cannot be met , the applicant shall post a performance bond equivalent to at least 150 percent of the estimated construction cost of replacement wetland. Additional bonding will be required based upon conditions imposed on the applicant. VIII. Variances. An application for variance shall be handled as prescribed in the Zoning Ordinance. In addition to normal notice requirements of the variance process, written notice of the variance along with a description of the scope of the proposed project shall. be submitted to the Water Management Organization (WMO) ,of jurisdiction for comment. No approval may be granted until 15 days after the WMO's monthly meeting in order to provide opportunity to comment. Variances shall permit activities only to the minimum extent necessary and shall be issued only upon the showing of hardship. However, no variance may be granted which would allow any use that is prohibited in the zoning district within which the property is located or which will : • 1 . Result in incompatible land uses or which would be detrimental to surface and/or ground water resources. 2. Increase the financial burdens imposed on the community through increasing floods and overflow of water onto land areas within the 3. Not be in keeping with land use plans and planning objectives for the or which will increase or cause danger to life or property. 4 . Not be consistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and wetlands within the 8 5 . Include development of land and water areas essential to the temporary withholding of rapid runoff of surface water contributing to downstream flooding; or water pollution; or development of land and water areas which provide groundwater recharge. IX. Responsibility: Effect A. Responsibility. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this Ordinance shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability on the . or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this Ordinance does not relieve the permittee of the responsibility for securing and complying withany other permit which may be required by any other law, ordinance or regulation. B. Penalty. Any person who violates the provisions of this Ordinance shall be guilty of a misdemeanor and may be sentenced in such amount as is authorized by law. Additionally, any person who in violation of this ordinance alters, changes or modifies any wetlands shall restore them to their original condition or reimburse the for it' s costs of making the restoration. • C. Severability. If any part of this Ordinance is held to be unconstitutional or otherwise illegal , the remainder of this Ordinance shall be deemed and held to be valid and remain in force and effect as if such portion had been included herein. If this Ordinance or any provision herein is held to be inapplicable to any person, property or work, such holding shall not affect the applicability hereof to any other person' s property or work. D. Conflicts. Whenever this Ordinance is in conflict with another ordinance, or statute, or regulation, the more restrictive requirement shall govern. Revised 5-1-91 MODEL FOREST PROTECTION ORDINANCE May, 1991 Prepared by: Washington Soil and Water Conservation District • 1 MODEL FOREST PROTECTION ORDINANCE I . Legislative Findings and Purpose 1 . The of finds that the preservation of trees and woodlands within the is critical to the health, safety and welfare of the citizens of the ; that existing and potential development within the have the effect of reducing and in some cases eliminating wooded area. Wooded area, if preserved and maintained, serve important ecological , recreational and aesthetic functions to the benefit of existing and future residents of the Therefore, the purposes of this ordinance are as follows: a. To preserve woodlands and trees on individual sites ; b. protect the safety of residents by preventing wind and water erosion, slope instability and rapid runoff; c. promote the health of residents by encouraging more wooded areas which absorb air pollutants, contaminants and noise ; d. increase rainfall infiltration to the water table , e . providing a diversified environment for many kinds of animals and plants , necessary for wildlife maintenance and important to aesthetic values. f. promoting recreational requirements of the area; g. promote energy conservation by shading buildings in the summer and breaking winds in the winter. II . District Boundaries This ordinance shall apply to woodland districts which are delineated on the official zoning map of the For purposes of determining the application of. this ordinance to any particular parcel of land, the above-referenced map shall be on file in the office of the , and shall be available for inspection and copying . III . Definitions a. Crown Cover - the ratio between the amount of land shaded by the vertical projection of the branches and foliage area of standing trees to the total area of land, usually expressed as a percentage. Revised 5-1-91 2 b. Development - the construction, installation or alteration of any structure , the extraction, clearing or other alteration of terrestrial or aquatic vegetation, land or the course , current or cross section of any water body or water course or the division of land into two or more parcels. c. Development Permit - any building permit, zoning permit , plat approval , rezoning , certification, conditional or special use permit or variance. d. Dimensional Requirement - minimum and maximum setbacks , yard requirements and/or structure height or size restriction established in the zoning code. e . Structure - anything manufactured, constructed or erected which is normally attached to or positioned on land , including portable structures . f . Tree - any woody plant that has at least one trunk whose diameter four feet above the ground is four inches or greater. g . Person - any individual , firm, corporation, partnership, association, or other private or governmental entity. h. Woodland - a group of trees at least one half acre in area and with a crown cover of fifty percent or greater. IV. Restrictions a. No development permit shall be issued for development within the until the finds and determines that the development will comply with the following: 1 . Development shall be conducted so that the maximum number of trees are preserved by the clustering of structures in existing cleared areas and natural clearings, and the utilization of other site design techniques . 2 . Grading , contouring and paving shall not detrimentally affect the root zone aeration and stability of existing trees and existing trees shall be provided with a watering area equal to at least one half the crown cover. 3 3 . When trees are removed, the permittee will restore the density of trees utilizing nursery stocks of a size generally accepted as suitable for the purpose to that which existed before the development , provided that in no case need the industry exceed ten trees per acre. 4 . Development shall not reduce the existing crown cover greater that 50% and shall be conducted in such a manner as to preserve the understory and litter. 5 . Trees used in reforestation or landscaping must be compatible with the local landscape and conditions and not presently under disease epidemic. b. Not withstanding the above, the removal of trees seriously damaged by storms or other acts of God, or diseased trees shall not be prohibited. • Revised 5-1-91 Minnesota Board of Water and Soil Resources 155 South Wabasha Street Suite 104 St. Paul, Minnesota 55107 In the Matter of Reviewing the Watershed Management Plan for the Middle St. Croix NOTICE OF APPROVAL Water Management Organization OF WATERSHED (Minnesota Statutes Section 103B.231, MANAGEMENT PLAN Subdivision 9) The Board of Water and Soil Resources (BWSR) approved the Watershed Management Plan (Plan) for the Middle St. Croix Water Management Organization (MSCWMO) on April 24, 1991. A copy of the BWSR's Order is enclosed. The Plan establishes policies, goals and programs for enhancing local water quality and quantity management. A preliminary copy of the approved Plan is available for inspection at the BWSR's office. The MSCWMO will likely be reprinting the Plan to incorporate changes made during the review process. Persons interested in obtaining a copy of the reprinted Plan should contact Barbara Cobb, MSCWMO, President, at 612-436-8953. JCL Bruce Sandstrom, Staff Board of Water and Soil Resources 155 South Wabasha Street St. Paul, Mn. 55155 (612) 297-4958 ei)111 rg I Minnesota Board of Water and Soil Resources Southbridge Office Building 155 South Wabasha, Suite 104 St. Paul, Minnesota 55107 In the Matter of the review of the Watershed ORDER Management Plan for the Middle St. Croix Water APPROVING Management Organization pursuant to Minnesota WATERSHED Statutes Section 103B.231, Subdivision 9. MANAGEMENT PLAN Whereas, the Board of Commissioners of the Middle St. Croix Watershed Management Organization (MSCWMO) submitted a Watershed Management Plan (Plan) to the Minnesota Board of Water and Soil Resources (Board) pursuant to Minnesota Statutes Section 103B.231, Subdivision 9, and Whereas, the Board has completed its review of the Plan, Now Therefore, the Board hereby makes the following Findings of Fact, Conclusions and Order: FINDINGS OF FACT 1. Joint Powers Agreement. The MSCWMO was established by a joint powers agreement 1984. The parties to the agreement are the Cities of Afton, Bayport, Lakeland, Lakeland Shores, Oak Park Heights, St. Croix Beach, St. Mary's Point, and Stillwater and the Townships of Baytown, Stillwater, and West Lakeland. 2. Requirement to Plan. The Metropolitan Water Management Act requires the preparation of a watershed management plan for the area, meeting the requirements of Minnesota Statutes Sections 103B.201 to 103B.251. 3 . Nature of the Watershed. The MSCWMO is approximately 19.4 square miles in size and is bounded by the St. Croix River on the east, Valley Branch Watershed District on the west and south, and Browns Creek WMO on the north. The existing land use is evenly split between agriculture, rural residential and urban. The western part of the watershed contains a number of small landlocked ponds and lakes. The remainder of the watershed drains to the St. Croix River through well defined drainage systems which contains relatively few lakes and ponds. 4. Metropolitan Council Review: On July 20, 1988 the Metropolitan Council 's Environmental Resources Committee met to discuss the content of a staff report relating to the review of the Plan. On July 24 , 1988, the MSCWMO sent a letter to the Council objecting to the content of the Council's staff report. On November 15, Page 1 of 4 1988 the MSCWMO submitted amendments to the Plan to the BWSR which accommodated some of the concerns of the Council's staff. These amendments consisted of some additional data relating to the hydrologic system as well as a detailed hydrologic report on the flooding of Perro Creek within the City of Bayport. On the On July 19, 1989 the Metropolitan Council's Environmental Resources Committee again considered the Plan, including the amendments submitted by the MSCWMO. On July 27, 1989 the Metropolitan Council accepted the recommendations made by its Environmental Resources Committee and transmitted them to the Board on August 1, 1989. The Council recommended that the Plan be further amended to include: a. a composite map of the drainage system which includes the 100 year floodplain and flood profile, and b. an assessment of the surface water quality of the watershed and the effect of the watershed discharge on the St. Croix River. On August 23 , 1989 the MSCWMO submitted written responses to the BWSR relating to the Council's concerns. 5. Minnesota Department of Natural Resources Review: The MSCWMO received written comments on the Plan dated December 21, 1988 from the Region VI Administrator of the Minnesota Department of Natural Resources (MDNR) . The comments included but were not limited to the following concerns: a. the need for an executive summary b. the apparent lack of specificity in the Plan to carry out several of the stated purposes of the Plan c. specific recommendations to improve the water basin inventory, d. clarification of the proposed water management classification system, e. establishment of a water quality monitoring program, f. potential adverse impact on wetland values of the MSCWMO storm water management policy, and g. identification of specific data errors or omissions. On November 26, 1990 the MSCWMO responded to comments made by the MDNR. 6. Minnesota Pollution Control Agency Review: The Board received written comments on the Plan dated July 6, 1990 from the Director, Division of Water Quality of the Minnesota Pollution Control Agency (MPCA) . The MPCA found the Plan to be consistent with state law and rule but included the following comments: a. the MSCWMO should attempt to secure and include MPCA's water quality data that might be available on STORET, Page 2 of 4 b. the recommendation to establish a water quality monitoring program, and c. the need to clarify its stormwater management policy with respect to impact on wetlands. On November 26, 1990 the MSCWMO responded to the MPCA comments. 7 . Board Review: On May 24, 1990 Board staff toured the watershed with representatives of the MSCWMO. On July 2, 1990 Board staff submitted comments in writing on the Plan. The comments included but were not limited to the following concerns: a. that the agency comments be responded to in writing, b. inclusion of a schedule for implementation, c. the need to include the Perro Creek study in the Plan, d. clarification of minor discrepancies in the common boundary with the Valley Branch Watershed District boundary, e. the inclusion of an executive summary, f. clarification of its policy with respect to post-development runoff, and g. a number of minor Plan clarifications and recommendations. On November 27, 1990 the MSCWMO submitted written response to the BWSR staff comments. 8. Plan Revisions. On April 12, 1991 the MSCWMO submitted revisions to the Plan. The revisions addressed many of the agency comments. The revisions were contained on the following list of pages: Pages 1, 2, 3, 4 , 5, 6, 7, 20, 26, 27, 28, 30, 31, 32, 33, 38a, 38b, 38c, 38d, 38e, 38f, 38g, 42a, 42b and 45. The revisions included but were not limited to the following items: a. an Executive Summary of the plan, b. clarification of runoff management policy, c. clarification of the MSCWMO plan review authority, d. inclusion of the Perro Creek hydrologic study, e. inclusion of culvert capacity information, and f. adoption of a schedule for local plans and ordinances. 11. Plan Highlights. The following is a list of highlights included in the plan: a. a detailed wetland inventory including a listing of physical features and attributes, b. requirement for local erosion control and soil loss limits ordinances, c. requirement for local wetland protection ordinances which provides protection to type 2 to 7 wetlands down to as small as 0.7 acre in size, and Page 3 of 4 d. a proposed capital improvements program to further identify opportunities to reduce the flooding potential along Perro Creek. Conclusions 1. All relevant substantive and procedural requirements of law and rule have been fulfilled. The Board has proper jurisdiction in the matter of approving a Watershed Management Plan for the Middle St. Croix Water Management Organization pursuant to Minnesota Statutes Section 103B.231, Subdivision 9. 2. The Middle St. Croix Watershed Management Organization Plan attached to this Order states water and water-related problems within the MSCWMO's boundaries, possible solutions thereto, general objectives and policies of the MSCWMO, and an implementation program. The attached Plan is in conformance with the requirements of Minnesota Statutes Sections 103B. 201 to 103B. 251. ORDER That the Board hereby approves the attached Plan dated November, 1987, as amended in November, 1988 and April, 1991, as the Watershed Management Plan for the Middle St. Croix Watershed Management Organization. Dated at Saint Paul, Minnesota, this 24th day of April, 1991. ESOTA BOARD OF W ER AND SOIL RESOURC 117 BY: Donald H. Ogaard Chairman Page 4 of 4