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8.f)1) Carnelian Marine St. Croix Watershed District Rules s Meeting Date: 1/19/2010 Agenda Item: ,� � 1 ' ' t l City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Receive a status report on the third draft of the Carnelian-Marine-St. Croix Watershed District (CMSCWD) Rules. Deadline/ Timeline: CMSCWD has requested written comments by January 25, 2010. A public hearing was held on January 4, 2010. Background: • In April of 2008, CMSCWD held a public hearing on proposed new rules, to replace the district's current rules adopted in 1982. This followed a process that had begun about a year earlier. • The city submitted written comments and testified about a number of concerns about the draft rules. After receiving the comments from Scandia and other agencies, the district modified the proposed rules and held another hearing in July of 2008. • The second draft of the rules did not address many of the city's concerns, and many of the previous comments were reiterated. The Council asked at that time that city's comments be directed to the Minnesota Board of Water and Soil Resources. A copy of the letter and the BWSR's response are attached. • Adoption of the rules was once again delayed. Since then, CMSCWD has been working on a third draft and a"guidance"document that was promised to aid understanding and help property owners comply with the rules. • On December 10, 2009, the city received the third draft of the rules (dated December 1, 2009) and proposed rule guidance documents, along with a notice of public hearing for January 4, 2010. The comment period is open until January 25, 2010. • Staff has reviewed the revised rules and found that some of the comments made on the previous drafts still are a concern in the latest revision. Recommendation: I recommend that the Council receive this update and give direction for comments to be submitted to CMSCWD by the January 25, 2010 deadline. A draft co�nment letter has been prepared for the Council's review. Attachments/ • Draft Letter to CMSCWD Dated January 20, 2010 Page 1 of 2 Ol/12/10 t Materials provided: . Council Agenda Report for June 17, 2008, with attachments: - March 20, 2008 letter to CMSCWD [annotated] - April 15, 2008 letter to CMSCWD from David Hebert) • June 23, 2008 Letter to Minnesota Board of Water and Soil Resources • July 3, 2008 Letter from Minnesota Board of Water and Soil Resources • December 9, 2009 Transmittal from CMSCWD, including: - CMSCWD Rules 3�d Review Draft 12-1-09 - Guidance Docuinents Contact(s): Jim Shaver, CMSCWD Administrator(651 433-2150) Prepared by: Anne Hurlburt, Administrator (CMSCWD Rules Version 3) Page 2 of 2 Ol/12/10 January 20, 2010 �a. �,' ...�. Jim Shaver, Administrator Carnelian-Marine-St. Croix Watershed District `�Y ��;�,� 21150 Ozark Ave. N., PO Box 188 � �,. Scandia, Minnesota 55073 ,��� '" " Dear Mr. Shaver: <F � �". � Thank you for the opportunity to comment on the third draft of the proposed Carnelian-Marine- St. Croix Watershed District (CMSCWD,� rules (dated Deceinber 1, 2009.) Please share these written comments from the City of Scandia with the Board. `��'`� In March of 2008, the City of Scandia made`some general comme�.,s about the rules. We reiterate some of those comments here, and also provide som''°"s.pecific comments on the current draft: ��a �''`' `'� � � � f. ., � • Relationship to.lVluni�ipalities i We appreciate�the addition of the introductory paragraphs F� -wC: acknowledging the rales of the mumcipalities Tlie city is usually the first point of contact for propert �owners pl nriir��any typ�of construction project. We have overlapping regulati r���nd responsibiliti�s for inany ofthe same activities covered by the rules. We contit ue to believe t�at it �nay be desirable to develop a"memorandum of understanding"to be�er define how we will work�o,�eth"e`r. � � �� • Policy A proach. The �tes are based on a policy to work toward restoration of natural hydrology by limiting pe�lc off-site stormwater flow to pre-settlement rates. The District should consider whether�or not this is a reasonable policy, given that it is difficult to determine what pre-seftlement conditions were, and whether or not they were truly superior to pre-developmen�conditions. � • Impact on Pro.pertv Owners. Many of the rules (such as wetland buffers, mitigation requirements and de minimus exemptions) expand regulations beyond what is now required by local ordinances or state law. The board should consider the impact these additional restrictions will have on property owners and their expectations of how they will be able to use their land. January 20,2010 Page 2 of 3 • Applicabilitv of Stormwater and Erosion and Sediment Control Rules The threshold for the applicability of the Stormwater Rule(2.2) continues to be unreasonably low. We previously recommended that the impervious surface threshold should be changed from one acre or 5% of a site area, whichever is less, to one acre or 5% of a site area, whichever is more. We suggested that the threshold of 5,000 sq. ft. of land disturbance also be increased to one acre. Many very small projects would require a permit under this rule, necessitating a large investment in engineering to show that the standards are met. This would be burdensome on the land owner and may be excessive. � , The district promised that guidance documents would help rel'�e some of the burden of this regulation for small residential projects. The guidance docu�ent does provide an alternative to an extensive engineering analysis for residential projec�s with 1'ess than '/ acre of impervious surface; however, the document illustrates�cleai�ly the burden to provide BMPs that would result with the addition of even small increases�in impervious cover. The burden on small commercial projects would also be signifcant, and they would not�benefit,from the "relief'that is offered for small residential pr�o�ec�ts: , " � . 1 ;�� � In this new version of the rules, the thresholds in the rosion and Sediment Control rule (3.2) were increased to land disturbance of one acre or more o'`r" '/o.acre in a shareland or area tributary to a groundwater-dependent'natural resource. However, the rule nullifies the exemption in the case of a project requiring a perniit under a�tiother rule—such as stormwater management. We continue to recommend.that one acre of impervious surface or land disturbance be adopted as the threshold,f�or all pertnits;urider these rules. � �� • Exception for Lar�e��,ot G�vel Drives. A new exce tio�to the storm water rule has been added for private'�gravel drive's on residential l�'ts at least 10 acres in size. The district should consider allowing thi�same ex�emption for pav�eii`drives if the same conditions are met. , � • Wetland`1Vlanagement. Our\City Attoi-n���u�mitted a letter addressing this topic in more detail`(April 15, 2008) and w��ncourage you to consider those comments again as you c�onsider the revised clraft. , -� ; � � The ad�`dition of a de minimus exemption for wetland impact is noted. The buffer widths continue to be greater, and the applicability of the buffer requirement is significantly greater, than what is now required in Scandia. Since the last draft, the average buffer width required ;_ for Managemerit Category 4 wetlands has been further increased. The city continues to question whether r`egulation in excess of the Wetland Conservation Act (WCA) requirements are necessary and can be justified when considering the burden on property owners. The draft rules continue to provide two options for buffer monuments; flush to the gound or post markers. Post markers have some benefits for education and enforcement. It is easier to determine if a monument has been removed or if mowing or other disturbance has occurred around it. The design of markers should be coordinated with the city so that there is consistency in the community. January 20,2010 Page 3 of 3 We regret that we were unable to provide comments at the January 4 public hearing, but the timeline provided by the District did not allow for the City Council review of comments prior to that date. Please contact me at 651 433-2274, or by e-mail at a.hurlburt@,ci.scandia.mn.us if you have any questions about these comments. Sincerely, �: .:.. , ,� . Anne Hurlburt .�`��'`°' , City Administrator �� cc: Mayor and Cit Council � `�`��� Y Dave Hebert, City Attorney :::�. ;, , 'I � ,� �. j.N� � 4� � � I c +�" � _..�" 4. wt�- �.: IY < ..,'.i. .. Meeting Date: 6/17/2008 C Agenda Item: � � /' �� � City Councii Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651)433-2274 Action Requested: Receive a status report on the second draft (4-30-08)of the Carnelian- Marine-St. Croix Watershed District(CMSCWD) rules and the responses to the city's comments. Deadline/ Timeline: CMSCWD has requested written comments by June 23 for the July 7, 2008 public hearing. Background: • At the March 18 meeting, the Council approved a letter commenting on the proposed rules, which was submitted to the CMSCWD Board for their public hearing held on April 7, 2008. • City Attorney Hebert made verba] comments at the public hearing, and followed up with a letter dated April l 5, 2008, attached. • Some changes were made to the hearing draft in response to comments from Scandia and other agencies prior to the hearing. Following the hearing, a workshop was scheduled for CMSCWD managers and representatives of Scandia and May Township to further discuss the rules. • The workshop meeting was held on April 21. The watershed decided to prepare a revised set of rules and hold another public hearing. • A copy of the letter sent by Scandia in March is attached. It is marked to indicate where the draft rules were changed to address the initial comments, and where additional changes were made by CMSCWD after the workshop meeting. The most significant changes were: • Tlie threshold for erosion control permits (Section 3.1) has been revised to remove the tlireshold of SO cubic years and to refine tlle S,000 sq.ft. t/zreshold to be for those areas within 1,000 feet of a public water and within the drainage area of a groundwater dependent natural resource. • Tlze access zone for wetlands and public wate��bodies (Section 4.9.2) !za bee�z chmzged from 30 feet to 50 feet or I1alf the lot width, wlzichever is smaller. • City Attorney Hebert's letter is also attached. The revised rules contain no changes in response to his comments, except in one section. Section 8.4.2 has been revised to allow livestock access in wetlands with existing access so long as the quality of the wetland is not degraded. Page 1 of 2 06/11/08 • CMSCWD consultants provided responses to all of the comments. In the case of many of the major issues, such as the concern about the significant expansion of regulatory requirements (such as wetland buffers, mitigation requirements and elimination of de minimis exemptions) and the impact on property owners' use of their land, the response given was generally that the Board had determined that the regulation was necessary to adequately protect the resource and/or that they are following state law. • For some issues (such as the burden to property owners imposed by low permitting thresholds) CMSCWD consultants indicated that discretion would be given to allow staff to ease requirements on a case-by-case basis, or that they would provide the requested information in guidance documents to be prepared in the future. Recommendation: I recommend that the Council receive this update and give any additional direction or comments for the upcoming public hearing. Attachments/ • March 20, 20081etter to CMSCWD (annotated) Materials provided: . April 15, 2008 letter to CMSCWD from David Hebert • CMSCWD Rules 2"d Review Draft 4-30-08 • CMSCWD Comment Responses Contact(s): Jim Shaver, CMSCWD Administrator(651 433-2150) Prepared by: Anne Hurlburt, Administrator (CMSCWD RULES more comments) Page 2 of 2 06/1 1/08 t �� �.F '� , . '�, '�s; . y - - �.l � :` �� ��; - ,., s , 9 �y ' Y0..,. �-"'-c��.L� .T' ' � �. .�m. � __i�' �� �x�4+'n.`���� � �. ,;� Y �; �� �- e �'s �� � ����� r�--'- -y; March 20, 2008 y�r'-� S ov�SG/ � , i /� � -� n �r. G�A. .� ad e. Jim Shaver, Administrator � Carnelian-Marine-St. Croix Watershed District � - 1�� Ir.� S e 21 ]50 Ozark Ave. N., PO Box 18 8 � / � � S c a n d i a, M i n n eso ta 5 5 0 7 3 � b L h Q h � 7 = 1,, " r De a r M r. S h a v e r: � G�'1 a� Q S � �t d e �' �"l� �f �� I 0 F� �� �D Thank you for the opporcunity to comment on the ro / u�� 1 Watershed District (CMSCWD)rules. Please sha e the�eewriaene�omment�s from he Cit Scandia with the Board at the April 7, 2008 public hearing. y of In addition to the comments on specific sections of the rules, Scandia has some general comments. ✓ • First, a genera) commeni regarding administration a u s u a l l y t h e f i r s t po�n t o f contact for property owners pJa ining ny type tof constru t hon�ty �s project. We have overla p pin g r e g u l a t i o n s a n d r e s p onsi b�lities for many of the same activities covered by the rules. Coordinating the watershed's procedures with the city's process for development reviews and building permits wil] be a challenge. There will be op ortunitie work together to reduce the time and expense for landowners and for the public. At some s to point, it may be desirable to develop a "memorandum of understanding" to better define h � we wi11 work together. o �, � • The rules contain a lot of highly technicaJ terms and jar on that ' average citizen and probably even many people in the developme�tlindustry to understand. Where possible, additional definitions and explanations should be added (for exam le � "MnRAM.") P , f The rules are based on a olic � p � to work to���ard restoration of natural hydrology by limiting peak off-site stormwater flow to pre-settlement rates. The District should consider ���hethe� or not this is a reasonab)e policy, g�ven that it is difficu)i to determine ��� � conditions were, and whether or not they were truly superior to pre-developmenl c� ditions. �C,. � 1��Iany of the rules (such as wetland buffers, mitigation requ�rements and elimination '�� m�n�mus exemptions) expand regu)ations be ond ��� of de state law. )' hat is no��� required by local ordinances or The board should consider the impact these additional restrictions ���il) have on properi>> o��vners and their expeciations of ho��� theti� �����► be able to use their land. �. March 20,2008 Page 2 of 3 Listed below are Scandia's specific comments on the rules: Page, Lines: Comment: ✓ 5, 42- Sec. 0.0, Definitions. The definition of"subdivision" is overly broad and �vould appear to 43 apply to land divisions that do not fall under municipal subdivision authority (see Mn. Stat. Sec. 462.385 Subd. 4.b.) Later in the rules, the term "major subdivision" is also used (page 35, Sec. 9.2.2) but it is not defined. The terms major subdivision"and "minor subdivision" mean different things to different municipalities so should be defined clearly if they are used. ✓ 9,2g Sec. 1.10. The phrase ")f the pennit is acted u on" commenced." p should be changed to "lf�vork is �. 10, 20- Section 2.2, qpplicability of Stormwater Rules. These thresholds are low. For example, 5% 39 of site area for a 10,000 sq. ft. lot is only 500 feet. Many very small projects would require a permit under this rule, necessitating a large investment in engineering to show that the standards are met. This would be burdensome on the land owner and may be excessive. We recommend that this language be changed to one acre or 5%of a site area, whichever is more. The threshold of 5,000 sq. R, of land disturbance is also small, ensuring that almost any ne�v home within a shoreland overlay district will require a stormwater permit. Tliis is mucl� less onerous tltan the rule as originally proposed(250 sq. ft.) but it �vill still be a significant burden on the landowner. One acre of irnpervious surface is a common tl�reshold in other�vatersheds and should be considered. ��✓ It appears that certain projects may be required to comply with this rule and obtain a ���aterslied pennit more than once; when the subdivision is reviewed, and when each home is built. The district should consider issuing its permit for the subdivision and not requiring an individual permit for each I�ome, provided that it complies with permit issued for the subdivision. ✓ I I, 47- Section 2.4.4, Redevelopment. Tl�is language modifies the applicability langua e in Sectio 5� 2•2, and should be moved to that section in order to provide a clear description of when tl�e n rule applies. � 16, 18- Section 2.7.6, Residential Subdivision (exceptions to storn�water rule.) This language appears 22 to exempt certain subdivisions from several of the management standards in Sec. 2,4, It needs to be read with the applicability language in Sec. 2.2 to be understood. The intent is to exempt cenain small subdivisions from some of the management standards. Ho„�ever, if a subdivision meets any of the other criteria (such as land disturbance over one acre, or over 5,000 sq. feet in a shoreland area)the standards would still apply, The exceptions seem to conflict with the other criteria. For example: Sec. 2.7.6 says tl�at some standards do not apply to certain residential subdivisions with less than 10% impervious. Ho���ever, Sec. 2.2 (b) effectively takes away that exception if there is 5% or more imper��ious. The exception language also contains an unnecessary reference to Sec. 7.0, �vhich may be confusing to the reader. \�ie recommend that section 2.2 (a), "Residential subdivision" be removed, and the exception language in 2,7,6 also be dele.ted. The other five criteria ���ould determine ���h;ch subdivisions fall under the stonn���ater management rule. This would eliminate confusion and conflicts in the rules. � 18, I-4 Section 3.I sets the thresholds for erosion cont exca��aling or disturbance of 5,000 sq. ft, or mool of llan'dsa ea O Thbs i\ards of gradin�, or `�` s an impro��ement from March 20, 2008 Page 3 of; Page, Lines: Comment: the initial draft ofthe rules, which would have required a permit for 250 sq. ft. of land disturbance. This thresltold is still fairly low, and could be made less onerous for property owners if an erosion control plan could be approved at the subdivision level, rather than for each individual liome. �- 20, ?4- Section 4.0, Applicability of Lake, River Strea►n and Wetland Bu 34 buffer widths are greater, and the applicability of the buffer requi ef ineRt 9s's gm ficantly11e and greater, than what is now required in Scandia. Currently, buffers are required only on Natural ?I, 3-8 Environment (NE) lakes (50 feet)and Types 3, 4 and 5 wetlands(50 feet) in the Shoreland Overlay District. The proposed rule requires 75-foot buffers on NE lakes, and 50-foot buffers on Recreational Development lakes. Buf�'ers ranging from 30 to 100 feet are required on all wetlands, whether or not they are in the Shoreland Overlay District. While the buffer widtlis may be reasonable based on the need to protect the water resources, the new rule could be seen as si��ificant expansion of the requirements and restrictions on landowners. The City would prefer that the wetland buffer requirements to revised to be similar to �vhat is no�v in place in local regulations. ✓ 22��-9 Section 4.4.2, buffer monuments. The rules provide for two o ' posl markers. Post markers have some benefits for education and enfo ce,me»he grouea er to delermine if a monument has been removed or irmowing or other disturbance has occurred around it. The design of markers should be coordinated with the city so that there is consistency in the community. � 24, 19- Section 4.9.2, access zones to wetlands or water bodies. The access zone pennitted is smaller 20 than currently allowed by Scandia's shoreland regulations(30 versus 50 feet.) The Ciry would � prefer that the access zone be revised to 50 feet to be consistent with what has been allo���ed by curreni regulations. , / 37, �- Sureties. The district will require sureties in the form of a letter of credit, cash or perforn�ance v 23 bond. They may wish to consider eliminating the perfonnance bond as an option. Most cities have ceased accepting perfonnance bonds due to the difficulty of making a claim. Please contact me at 651 433-2274, or by e-mai] at aJ�ur)burt�c�ci.scandia.mn.�.�s if you have any questions about these comments. . Sincerely, G���„[,���..���GGI_�- Anne Hurlburf City Administrator cc: Mayor and City Council Dave Hebe��t. City Attorney HEBERT AND WELCH, P.A. ATTORNEYS AT LAW TOWN SQUARE 20 NORTH LAKE STREET,SUITE 30] FOREST LAKE, MN 55025 Phone: (651)464-3397 Fax: (651�464-8664 DAVID A.HEBERT MICHAELA.WELCH April 15, 2008 Ms. Anne Hurlburt City Administrator City of Scandia 14727 209th Street North Scandia, MN 55073 Re: CARNELIAN-MARINE-ST. CROIX GVATERSHED DISTRICT Dear Ms. Hurlburt: The following are a few of my comments relating to the proposed rules of the Carnelian-Marine- St. Croix Watershed District. Many of the comments have already been furnished by other agencies. The Watershed District has furnished responses to most of those comments. However, 1 believe that the responses do not adequately address the concerns of the commentators. 1. DEFINITIONS. There should be additional detail given to some of the definitions and definitions provided for certain important terrns used in the Rules for which definitions are not supplied. Examples are as follows: a. Distributed CN-value approach. A citation to the official methodology should be included. b. MnR.AM. A definition should be included with a reference to the official methodology. c. Reconstruction. This tenn, if used in the Rules, should take into consideration Minnesota Statutes §462.357 Subd. 1 (e), which allows reconstruction under a number of circumstances. 2. PRE-SETTLEMENT CONDITION, May Township asked for a definition of pre-settlement conditions. The response on page five of the responses states that the tenn pre-settlement conditions is used in the Rules simply to indicate what the base line soil condition and vegetation condition is to be used for hydrologic modeling. The property does not have to be restored to "pre-settlement" condition under the Rules. The rate and volume of runoff from a property has to be managed to mimic the estimated runoff from a wood/prairie condition. � Rule 2.4(a) states that a land altering activity must not increase peak stormwater flow as compared with the pre-settlement condition for various precipitation events. I believe that the standard that has been used and has been applied by the Wetland Conservation Act is the pre-development condition as opposed to the pre-settlement condition. What is the reason for the change? Are there sufficient standards to determine the pre-settlement condition? Pre-Settlement is used in the WCA Rules to designate areas in the State which require replacement at either a one to one ratio or a two to one ratio for non-agricultural lands. It is not used to establish a restoration standard or a runoff standard. 3. DE MINIMIS. Rule 8.6.2 eliminates the WCA exemption in Management Categories 1, 2 and 3. In response to Stillwater Township's comment, the Watershed District states that the De Minimis exception has been eliminated to insure no net loss of wetlands. What legal authority does the Watershed District have to be more restrictive than the Wetland Conservation Act? The Wetland Conservation Act is to be administered by the local government unit which is, in many cases, the local municipality not the local watershed district. Is eliminating the De Minimis exception reasonable in fight of the various financial and practical considerations? 4. REPLACEMENT RATIOS. What is the legal authority for requiring six to one replacement for category one wetlands and four to one for replacement of category two wetlands? The rules for the Wetland Conservation Act appoint the local municipality as the local government unit to enforce the WCA Rules. The District's response to a comment on replacement is that the District contains a number of wetlands that are of exceptional quality and require this level of protection to maintain that quality. Similar responses are used to respond to many comments relating to the small thresholds requiring applicability of the Rules. The Board's "feeling" that the impact of small projects is important to consider is not a sufficient basis for establishing a rule. What is the legal basis for requiring both replacement and a contribution into a restoration fund? It seems that if a contribution is to be made to a restoration fund, then the replacement ratio should be reduced. Requiring a payment into a restoration fund at a rate set by the managers without a legally enforceable standard is not appropriate. 5. WATERCOURSE CROSSINGS. Does Rule 6.0 apply to bridges over rivers and streams and culvert crossings? 6. LIVESTOCK ACCESS TO WATER SOURCES. Requiring fencing of all landlocked water bodies may not be legally enforceable in the case of a Kelly Farms situation, especially where such access is specifically allowed under the rules of the Wetland Conservation Act for landlocked basins in agricultural areas. 7. In a number of its responses, the Watershed District has stated that the CMSCWD will be developing guidance documentation. How will the guidance documentation take away the clear burdens established by the Rules? 8. The subparagraphs to section 3.3 of my draft of the Rules are not correctly numbered. The reference to paragraph 3.3.2 in paragraph 3.4.4 is incorrect. 2 9. We all recognize that protection of the District's water sources is very important. However, it is important to recognize the constitutional right of property owners to the reasonable use of their property. Significantly increasing the restrictions on those rights beyond the requirements of the State-wide rules imp)emented under the Wetland Conservation Act, makes the District Rules susceptible to court challenges and takings claims. Sincerely yours, HEBERT AND WELCH, P. A. David K. Hebert DKH:Ip Enclosures cc: Via email-Jim Shaver Via email-Dan Fabian 3 1 ; t,` � z �, '1' � �j : �� . ��� ..�. � � - 5 .lune 23, 2008 John Jaschke, Executive Director Minnesota Board of Water and Soil Resources 420 Lafayette Road St. Paul, Minnesota 55155 RE: Carnelian-Marine-St. Croix Waterst�ed District (CMSCWD) Proposed Rules Dear Mr. Jascl�ke: The Scandia City Council has asked that the City's comn�ents on the most recent revision of the CMSCWD proposed rules be addressed to the Board of Water and Soil Resow-ces (BWSR). Please consider our conui�ents before approving the rules, in accordance with BWSR's responsibility for helping to resolve water policy contlicts. This letter will also be provided to the CMSCVb'D Board of Managers for their hearing scheduled on .1uly 7, 20U8. The City of Scandia participated in the rules development process and has provided many comments to the watershed district staff and board. Some changes ro the proposed rules have been made. However, there are still some significant concerns. The responses to many of our questions have been inadequate. Enclosed for your information copies of two previous letters submitted by the City (March 20. 2008) and by our city attorney (April 15, 2008.) We have also worked with May Township officials on our common concerns. A copy of their most recent comment memo (dated Jw�e 2"', 2008) is also enclosed. Scandia�S IIIOSl S1�111fICalll 1'e111 2 1 11 1 17t, COI1Ce1'11S C�ll �e Slllllll]BfIZZC1 aS tOIIO�-VS: • The thresholds for requiring watershed permits under the stormwater and erosion co�ltrol rules are low. Compliance with the rules �vil) create a significant burden on property owners. (t will also place a significant burden for the city to coordinate its permitting requirements with those of the watershed. Administrative procedw-es and guidance documents have been suggested. to be developed atter the rules are adopted. However, such �uidance will not be able to relieve the b�u�dens imposed by the rules. 1 , ����;��� � !i _ .,. �`�i�; �; , ,. , , ,,. ., , � , � _ _ , . , . . June 23,2008 Page 2 of 2 • The wetland rules far exceed the Wetland Conservation Act requirements for wetland replacement and eliminate de minimis exemptions. The CMSCWD has failed to explain either the compelling need to e�cceed the WCA, or their legal authority to do so. The City of Scandia is responsible for WCA implementation in Scandia. It has not been demonstrated that enforcement is inadequate or regulation far exceeding state wetland policy is necessary. • The rules emphasize infiltration of stonn water over detention. There may not have been adequate consideration of how this approach will tunction or be maintained over the lon� term. These concerns are explained ver�� well in the May Township memo. As the city will ultimately be responsible for much of the maintenance, it is important that we work together on designing new drainage infrastructure. The letters enclosed provide more details about these issues. and I would be happy to discuss them with you or your staff or provide examples if requested. Protection of water quality will require the cooperation of aU the agencies involved. We appreciate any efforts that the BWSR could make to encourage the CMSCWD to develop rules that will have t11e support of the cities and townships in their jurisdiction. Please contact me at 651 433-2274 or by e-mail at a.hurlburt;ii;ri.scandia.mn.us if there are any questions about this information. Sincerely, ��� Anne Hurlbw-t City Administrator Enc. cc: Mayor and City Council CMSCWD Board of Managers .lim Shaver, CMSCWD AdminisU-ator Da��id Hebert, Citv Attornev Dennis Hegberg, Washin�ton County Commissioner District 1 Gary Kriesel, Washington County Commissioner District 3 Ray Vandeveer, State Senator District 52 Bob DeUner. State Representative DisU-ict 52A Bill Voedisch. Mav To�vn Board A►�^".��w► rw� MinnesQta Nate�i�&Soil ���;���/��� Resources July 3, 2008 ;i�'! ^ '� �=�;�� CITY OF SCAhDI_A � Anne Hurlburt City Administrator City of Scandia 14727 209`h Street N Scandia, MN 55073 Dear Ms. Hurlburt, The Board of Water and Soil Resources (BWSR) has received your letter dated June 23, 2008, expressing concerns with the proposed rules of the Carnelian-Marine-St. Croix Watershed District (District). Minnesota Statutes section 103D.341 requires watershed districts to adopt rules. According to this statute, BWSR review of watershed district rules is advisory only. BWSR does not have the authority to approve or deny rules. In response to your concerns regarding additional burdens on property owners and city staff, watershed districts generally adopt rules to address localized resource issues that are not addressed by other authorities. BWSR staff agrees that rules and procedures need to be clear and understandable to be effective. Therefore, we have encouraged the District to develop the guidance documents for the rules memorandums of understanding (MOU) with the communities prior to final rule adoption. Regarding the District's authority to be more restrictive than the Wetland Conservation Act, the District recently developed and received BWSR approval for an amendment to their watershed management plan. This amendment included a comprehensive wetland protection and management plan. In BWSR's review of the draft plan amendment, we found that the District utilized an extensive public involvement process and satisfactorily addressed comments received. The District's justification for their proposed wetland rules can be found within this wetland plan amendment to the watershed management plan. Finally, in regards to concerns with the emphasis on stormwater infiltration over detention, both methods are included in the preferred sequence in the proposed rules. Note that infiltration is fairly common and generally lower cost than detention. We encourage the city and the District to develop an MOU to address community-specific feasibility of the sequencing and when variances will be appropriate. aemuJ; a,n;nn,� v�,�i,E�� Fi=,-�t�,s Fa��s M�,s�t��� lVcrv v�n, �zoc�tcsf.e,- s,ainE�au� 5217[3emidji Avcnue N. 217 S.71h Siree� 394 S.Lake Avenue 1004 Fron(ier Drive 1400 G.Lyon Strec� 261 Highway IS S. 2300 Silver Creek 520 La(aye�te Road N. Bemidji,A4N 56601 Sui�c 202 Room 403 Fergus['alls,�-1N 56537 flox 267 Ne���Ulm,�4N 56073 Road N.E. Saint Paid,A4N 55155 phonc(218)755-4235 6raincrd.MN 5640] Dululh,A9N 55802 phone(218)736-5445 Marsh�ill,�1N 56258 phone(507)359-6074 Rochester,�9N 55906 pl�une(651)296�376i fax(213)755-4201 phone�215)828-23S3 phone(218)723-4752 fax(21S)73G7215 phune(507)537-606U fax(507)359-601R phone(507)2R0-2874 fax(651)297-5615 lax(21R)h28-6036 fas(2J8)723-4794 fax(5(p)537-G3(i8 fax(507)285-7144 Ann Hurlburt July 3, 2008 Page 2 Please feel free to contact me�t 651-297-2906 or Melissa Lewis at 651-297-4735 if you have additional questions or concerns. Sincerely, � � ��.-- '� (, Jim Haertel Metro Region Supervisor cc: Jim Shaver, District Administrator Melissa Lewis CARNELiAN-MARINE-ST. CROIX WATERSHED DISTRICT � �`+�YIII��� .;; -.�_ �..,: �� . . � �, � . . , � ` - �, .: � � � � �.�::, � /� . � , � �.��. ,���� � . . . ��� ' • �_� • . , . , • No increase in peak runoff Protect and restore pre- Any development or rate fi-om predevelopment settlement hydrologic redevelopment activity which conditions for the 2-, ]0- and conditions to prevent flooding, involves: 100-yr,24-hr events. provide rate control, promote • Residential subdivision of • No increase in stormwater water quality and preserve four or more lots. runoff volume from groundwater dependent natural • Any project creating predevelopment conditions resources(GDNR). impervious surface> 1 ac or for the 2-yr,24-hr event, or > 5%of a site,whichever is the 10-yr,24-hr event for less. landlocked basins or • Land disturbance of> 5,000 Stormwater Z subwatersheds draining to a sq ft that includes creating Management landlocked basin. impervious surface within • Provide water quality BMPs 1,000 ft of and tributary to a sized to infiltrate and/or GDNR or Public Water retain the runoff volume �pW� from the 2 year,24-hr event • Mining operations. under developed conditions. • Projects requiring a variance • No increase in water level from the impervious surface bounce or duration of percentage or structure inundation for downstream setback requirements of the lakes or wetlands for the 2-, applicable shoreland or St. 10-and 100-yr,24-hr events. Croix Riverway ordinance. Erosion and sediment control Prevent the siltation and Any grading, filling,or other plan prepared by a qualified sedimentation of streams, lakes, land disturbing activities which individual consistent with the wetlands,and groundwater involve: specifications of the Minnesota recharge areas. • Land disturbance of> 1 ac. Erosion & Pollution Control Agency • Land disturbance of> '/4 ac, Sediment (MPCA)manual Pr-otecting if any part of the disturbed Control Water Quality in Urban Areas. area is within 1,000 ft of and tributary to a GDNR or PW. • Any land disturbance that requires a District permit under any other rule. • Stream/Tributary/River: Protect buffers and the water Land adjacent to a PW,GDNR, o Streamside zone: 25 ft quality and habitat of water wetland or the St. Croix River o Middle zone: 50 ft resources, while avoiding that has been: Lake, River, o Outer zone:to shoreland undue disturbance to . Subdivided; or Stream 8� ordinance structure setback established activities adjacent to • Subject to a variance from Wetland • Natural Environ. Lake: 75 ft lakes and streams. the impervious surface Buffer • Rec. Develop. Lake: 50 ft percentage or structure Requirements° • Manage 1 wetland: 100 ft setback requirements of the • Manage 2 wetland: 75 ft applicable shoreland or St. • Manage 3 wetland: 50 ft Croix Riverway ordinance. • Manage 4 wetland: 50 ft �� � , • �� �� �� � .^ - � � . . � ..�. A .=�...'i,.. .. Bioengineering with the I ,mit alteration of a shoreline Land disturbance of a natural following criteria: or streambank to instances shoreline or streambank • Structurally stability; where erosion is occurring or partially or wholly below the Shoreline and . Native vegetation; and likely to occur. Assure that OHW mark of a waterbody. Streambank . Long-term maintenance accepted engineering principles Alterations plan. are implemented and that the Riprap is allowed only where ecological integrity and natural bioengineering is infeasible. appearance is preserved. Use of lake/stream beds must: Discourage the use of lake beds Use of the beds of any provide public benefit; retain and beds of waterbodies for the waterbody for agricultural hydraulic and recreational placement of roads and utilities activity or the placement of Watercourse navigational capacity; not in order to protect water roads,highways and utilities. and Basin adversely affect water quality; quality, prevent flooding and Crossings represent the "ininimal impact" limit disturbance. solution; and maintain the natural substrate of the lake/stream bed. 1:1 flood volume replacement Preserve the storage capacity of Subdivision of land or of floodplain fill to be provided the 100-year floodplain and the alteration or filling of land between the OHW and the 100- natural hydrology of landlocked below the 100-year flood yr flood elevation. basins to minimize frequency elevation of any waterbody, Building and stormwater basin and severity of high water, wetland,or stormwater protect property and management basin,or or open conveyance separation: investments, and minimize placement of fill below the 100- Floodplain& • 2-ft between LFE and 100-yr ecological impact and burden year flood elevation of a Drainage HWL; Alterations • 1-ft between LFE and EOF. on downstream landowners. landlocked basin. No upstream or downstream Alteration of stormwater flows impact and no adverse affects to at a property boundary by flood risk,basin or channel changing land contours, stability,groundwater diverting or obstructing surface hydrology, stream baseflow, or channel flow,or creating a water quality or habitat. basin outlet. Full replacement of wetland Protect, improve and provide • Draining or filling of functions at the following ratios education related to the wetlands,wholly or partially, based on the wetland functions and diversity of and excavation in the Management Category (MC): wetlands. Limit altering natural permanently and • 6:1 for impacts in MC 1 water levels of wetland basins semipermanently flooded • 4:1 for impacts in MC 2 and protect wetland buffers. areas of type 3,4,or 5 Wetland • 3:1 for impacts in MC 3 wetlands,and in all wetland Management • 2:1 or minimum required by types if the excavation WCA, whichever is greater results in filling, draining,or for impacts in MC 4 conversion to nonwetland. 1:I replacement of upland • Excavation in MC 1-4. buffer impacted with activities • Iinpact to upland buffer regulated under this Rule. associated with activities regulated under this Rule. ' See Carnelian-Marine-St. Croix Watershed Disrrict Rules for detailed standards,applicability,criteria and exceptions. '` Alternatively, residential projects, including subdivision of< 4 lots, which create < '/4 ac of impervious surface, shall provide volume control for 2-inches of runoff from impervious surfaces. ' A person disturbing>5,000 sq ft within 1,000 ft of and tributary to a GDNR or PW,but not requiring a permit under this Rule,must submit a Notice of Intent to the District and conform the activity to standard best practices published by the District. G Buffer widths expand if resource is a GDNR and to encompass natural communities,steep slopes and 100-yr floodplain. CARNELIAN — MARINE — ST. CROIX WATERSHED DISTRICT r-=� _ . �` ��Y�'��. �.:.f ` � �,. � '�'�, � ,. CMSCWD Rule 2.0 Stormwater Management Applicabilify � Standard wH�R�? . . - � � � . . . - . - (Appendix 2.1) Yes No � � WHAT? II�I���i�l . . - . � � � . . - . . . . . � . � . ' � i ' � No to All —�- Yes to 1 or more ----- No to All l � ' � � 1 PERMIT? � . . � . . . ' • ' • - . - • � - . - . > '/4 AC ______� _._._._�,�__ s '/4 AC impervious impervious added or>_4 lots added , ; � t � STANDARD? � � : � � � � . i _ : + _ (Rule 2.4.1) � : • . . . 'Groundwater-Dependent Natural Resource Z Public Water CARNELIAN - MARf(VE - ST. CROIX WATERSHED DISTRICT -�*�:�.�.,� ,r,a:2�� � ' � ,�.� F- � � �,t , / v � T � .. _ , .. ` ��, .;�� � ���r'<<., ��" �; ,r,",�=v� z. Small Residential Project Stormwater Worksheet Demonstrating compliance with Rule 2.4.1 for residential projects, including subdivision of less than 4 lots, entailing '/.acre or less of impervious surface. Project Name Permit I�Tumber Date �etermine ��'a.ter Quality and Volume Contral St��Ydai•ct STEP 1: Quantify the Impervious Surfaces'. (a) Existing Impervious: SF (b) Existing Impervious Disturbed: SF (c)Total Proposed Impervious: SF (d)Net Additional Impervious [(c)-(a)]: SF STEP 2: Will Proposed Activity Trigger the District's Redevelopment Criteria?(Check One) ❑ If(b)>(a) X 50%,then stormwater management is required for all impervious surface onsite. Use(c)in STEP 3. ❑ If(b)<(a) X 50%,then stormwater management is required for net additional impervious surface. Use (d)in STEP 3. STEP 3: Determine the Treatment Volume Requirement (c or d) X (2.0 inches) X (0.9)/ 12 = cubic feet(e) BMP Setecfion an� Siting STEP 4: Preliminary [dentification of Onsite Soils via Soil Survey. Identify the Hydrologic Soil Group (HSG) of onsite soils based on the current Washington County Soil Survey as published by the Natural Resources Conservation Service available at the District office, from the Washington Conservation District or online at http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx. The HSG of onsite soils are predominantly2: A B C D ' "Impervious surface"means a surface that has been compacted or covered with a layer of material, or is likely to become compacted from expected use, so that it is highly resistant to infiltration by water (CMSCWD Rule 0.0 Definitions). Treatment volume requirements are waived for private gravel drives on residential lots at least 10 acres in size if the drive is bordered downgradient by vegetated open space or a vegetated filter strip with a minimum width of 5 feet and does not discharge directly to wetland, groundwater-dependent natural resource or public water. '` [f more than one HSG is found onsite,attach a map identifying HSG and location. Emmons and Olivier Resources, Inc -1 - Last Revised 12-1-09 CARNELIAN - IVIARINE - ST. CROIX WATERSHED DISTRICT . ��„�`�"�' t�� ,�.,���t� � , / �-� � � ., _ :,. �� STEP 5: Select the Appropriate BMP Design. Treatment volume credit for BMPs are identified in Table 1 on a per unit surface area basis. See companion document, BMP Design Guidance, for specific design criteria required to receive the treatment volume credit identified. Most BMP credits are based on the HSG identified in STEP 4. TABLE 1. BMP Treatment Volume Credit. � Treatment Volume Credit Multiplier BMp (CF/SF unless otherwise noted) Primary Design Assumptions' H drolo ic Soil Grou HSG A B C D • Minimum width of 25-ft in the direction of flow Native/Adapted 0.04z • Flow path of buffer>flow path of impervious Vegetated Buffer drainage area • Minimum ground cover of 80% Volume of the rain barrel/cistern with Rain Barrels/Cisterns storage of up to 1 inch of runoff fi-om • Volume credit may not exceed the volume of 1 inch contributing area of runoff from contributing area Amended Soils/Soil • Final compost-amended soil depth of 8-in Restoration 0.15 • Amended area is contiguous to and receives runoff from impervious surfaces • Over-excavate 30 in and backfill with engineered Raingardens 2.1 1.8 1.5 1.5 planting medium • Under-drain • 4-ft channel bottom with 3:1 side slopes 600 CF 500 CF 400 CF 400 CF ' 2%channel slope with earthen check dam every 60 Vegetated Swale with or 75-ft based on soil HSG Check Dams �check /check /check /check dam dam dam dam • Over-excavate 30 in and backfill with engineered planting medium • Under-drain Permeable Hard Surfaces (e.g. Permeable Paver • 18-in of rock storage Patio,Porous Concrete 0.6 0.6 0.4 0.4 • 18-in sand layer required for HSG C and D soils Drivewa • Under-drain Infiltration • 3-ft of rock storage Trench/French Drain 1'2 1•2 �•g 0.8 • 4-ft wide ' See companion document,BMP Design Guidance,for specific design criteria to receive treatment volume credit. 2 The area used in computation of the volume credit is the square footage of qualified impervious surface draining to the buffer. See companion document,B�1P Design Guidance,for qualifications of impervious surface. BMP Siting and Sizing Guidelines: Site BMPs downslope of impervious surfaces in most permeable soils. Site BMPs in HSG A and B soils wherever feasible to maximize credit by providing infiltration of stormwater. Rooftop downspouts provide flexibility to direct runoff to a variety of BMPs. In particular, raingardens must accept rooftop or driveway runoff, where feasible. Where specified, siting and sizing requirements can be found in the companion document, BMP Design Guidance. Emmons and Olivier Resources,Inc _Z_ Last Revised 12-1-09 CARNELIAN - MARINE - ST. CROIX WATERSHED DISTRICT . ...� .,��d i w� � �-�w:i�,� � ,.-t��� ��., ���;. ` ,:.; /��'��� �� ����I�.x^'C.��� , � � a. ix. f'�, Use TABLE 1 and the BMP siting and sizing guidelines above to fill in the proposed BMP design in TABLE 2 below. TOTAL Treatment Volume Credit(fl must meet or exceed the Treatment Volume Requirement(e). TABLE 2. Pro osed BMP's Treatment Volume Credit. COLUMN: A B C D E Surface Area of BMP (SF) or Credit Multiplier Treatment Volume BMP' HSG Impervious Drainage Area from Table 1 Credit (CF) (SF) (CF/SF or [Column C x Column D] or CF/check dam) No. of Check Dams No. Example: B 200 SF 1.8 360 CF Rain arden 1 TOTAL Treatment Volume Credit (CF) (� �For rain barrels/cisterns,simply insert the rain barrel/cistern volume(not exceeding 1-inch of runoff from the contributing area) into Column E. STEP 6: Onsite Soil Verification Soil borings are recommended in the locations of proposed BMPs in order to assess the infiltration capacity of the soil as characterized by the hydrologic soil group (HSG). Soil boring results guide the selection of the BMP(s) and helps to ensure the BMP(s) will function properly. [n lieu of borings, soil verification may be achieved by review of other applicable data (septic system percolation tests/soil logs, test pits, etc.) and/or field observation/testing by the District Administrator. STEP 7: Final Siting& Sizing Revise BMP siting and sizing, as necessary, based on results from the onsite soil verification. Return to STEP 5 and revise TABLE 2. Does STEP 5 (� meet or exceed STEP 3 (e) ? Y N (circle one) Emmons and Olivier Resources,Inc -3- Last Revised 12-1-09 CARNELIAN - MARINE - ST. CROIX WATERSHED DISTRICT . ������� '���� � ��� r.`- �"�. / ��!�� :;� BMP Design Guidance Companion to Small Residential Project Stormwafer Worksheet In order to receive the treatment volume credit identified in TABLE 1 of the Small Residential Project Stormwater Worksheet, the following design requirements must be implemented. Variation from these design requirements may be acceptable for the same or adjusted treatment volume credit subject to review by the District. Additional design considerations are provided as recommendations only. Nativc I Ac(apted Vegetated Buffer Native /adapted vegetated buffers are a type of stormwater treatment composed of vegetation and a porous soil medium. They are vegetated areas that decrease the rate and volume of stormwater runoff, facilitate infiltration and provide water quality treatment of stormwater pollutants. A mix of trees, shrubs and groundcover are recommended to provide several layers of vegetative protection. Consider native prairie planting for the groundcover portion of any buffer. The deep roots, hardiness, aesthetic appeal, unique habitat character and filtering ability all make prairies an ideal vegetative ecosystem for a conservation buffer. Trees and shrubs can also be used as a vegetative transition from the water body. Trees and shrubs can provide for enhanced infiltration and nutrient uptake while stabilizing soil and dissipating rainfall. In order qualify for treatment volume credit, existing or created vegetated buffers must meet the following minimum requirements: • Minimum width of 25 feet in the direction of flow • Minimum of 80% ground cover; native vegetation if created buffer • Length of the flow path across buffer must equal or exceed the flow path across impervious areas • Vegetation and grading of buffer area promotes sheet flow rather than channels and rill flow • Point discharges are minimized and provided with level spreading Rain Barrels /Cisterns Rain barrels /cisterns provide a mechanism to capture and re-use stormwater for applications such as lawn and garden watering. Cisterns have a greater storage capacity than rain barre(s and may be located above or below ground. Due to their size and storage capacity, these systems (often large polyethylene drums) typically collect runoff from areas larger than residential rooftops but may be appropriate for stables, pole barns or other outbuildings. The following provides an overview of items to consider for use of these systems. • The system should be watertight, have a smooth interior surface, be located on level and stable ground, have a tight-fitting lid, durable screens on the inlet and outlet and have an emergency overflow device. • The system should include an overflow deflection routing runoff away from foundations. • To prevent the breeding of mosquitoes, water in the system should be emptied in less than five days or enclosed with a fine screen over all openings. • Systems should be disconnected and drained in the winter to prevent fi•eezing and deformation of the system. When emptied, they can be reconnected to collect spring meltwater. [n order to achieve treatment volume credit, rain barrels and cisterns must receive runoff from rooftops where feasible. In addition, the volume of the rain barrel(s) or cistern(s) qualifies for treatment volume credit for up to 1-inch of runoff from the contributing area. Emmons&Olivier Resources, Inc � Last Revised 12-1-09 CARNELIAN - MARINE - ST. CROIX WATERSHED DISTRICT . %' �'�r�i�!'''""'r� I���i . . .� �,, : .� Amended Soils/Soil Restoration Amended /restored soils enhance infiltration and provide water quality treatment. In order to achieve treatment volume credit, amended / restored soils must be contiguous to and receive runoff from impervious surfaces equal in area to the surface area used in the calculation of STEP 3 of the Snzall Residential Project Stormwater Worksheet. In addition, the following requirements apply. For those areas within the limits of construction follow these steps first: • Remove topsoil and stockpile prior to grading. • Once rough grade is achieved and other disturbances are completed, plow or till compacted subsoil at least 2- inches deep or rototill some of the stockpiled topsoil into the subsoil. • Reapply stockpiled soil to a minimum depth of 8 inches. If necessary to achieve 8-inch depth, import and apply a topsoil mix with 8-]3% soil organic matter, which should contain 30-40% compost by volume and clean sand or sandy soil. • Continue with the steps for `In-place soil amendment' below. In-place soil amendment: • Apply a 2.5-inch deep layer of compost to the existing soil. • Rototill compost into the soil to a depth of at least 8-inches. Note that tilling to this depth will require repeated passes with a large machine, such as a tractor-mounted or heavy reartine rototiller. Avoid plowing or tilling within the drip line of trees. • Final soil depth should be a minimum of 8 inches. Raingarden' rwrr �urera.a ro�rr oF u+unwnoN AND DROUCHT. NATNE PIAMS RECOMMENDm. DEP�}7: HSC 1C h 0-18' HSG 8-15' ROOFfOP DOWNSPOU� ' OR EOCE OF DRNEM'AY OR OiHFR qAPERVIOUS SERMCE `�;� :� j SOUf2CE -.:. , � ; �JH:iI ' � / � ��� � � �. . L � ,: ., �" j _ � t l' � ;,� � �t r ��n� rk�_ ,--�---� t__��__ (�'''�� `'�' _ 'A• ,wS,"f �' 4F�� �:� { S' jj'_ `, I�i �� `'.r e 4.; r � 1 (�L155 PRE-TFiFi�i11ENT S1TtIP / � / 30' / UNqSNRBED. UNCOMPACTED—� . t-2. %� MSITU SOiI " _ -'_ A4X. 3'SHREDDED BARK MULCH ��NON-WOVEN CEOTEXTILE (Mn00T TYPE 1) (MnDOT 7YPE 6) OVER GRAVEt BIANKEf - EXTENDING 1-2' FROM UNDERDRNN PIPE SID6. PUNTINC MEOIUM DEPTH 30�MTFi A UNDEFiDRAIN CRAVEL BLANKET WELL BLENOEO AIIXTURE (BY VOIUiAE): JOx HOIAOCENOUS CONSIRUC�ION SAND 1-1.5�DOUBIE WASFIEO STONE OR 30x ORCMlIC LEAF COI+IPOST Ys'-a4' WASHED RNER RUN PEA GRAVEL RAINGARDEN CROSS—SECTION ��w�°2c.�°a`U'" 01n� �� �ro sr� e' wiN. ow+t� Emmons&Olivier Resources, Inc 2 Last Revised 12-1-09 CARNELIAN — MARINE — ST. CROIX WATERSHED DISTRICT �,� .��a . :� ' ���. .., . . _..,.__ - �,�� .�,, / . '�` '�� N ' : <: ' .��. Vegetated Swale with Check Dams' MATCH EXlSTING GRADE VIDTH VARIES SLOPE 3�1 4' B�TTOM 1JIDTH . aH� ' elf,...e. .�„� ,kt?1k� . .^,� q1+i: ;'`�,(.t.;�; . , EARTHEN CFECK DAM \ � GftASS PRE—ifiEATMEN7 STH�P � �� �. � C- � � UNOISTURBED, UNCOMPACTED � __ ���`� - ' � INSRU SOIL � w 30, 1-2' / �—W�� GE07IXfILE (Mn00T TYPE 1) OVER CRAVEI- BLANKET — EXTENDINC 1—T' FROM UNDERDRAIN PIPE SIDES. AIAX. 3' SHREDOEO -• BARK MULCH (Mn00i 7YPE 6) UNDER�RNN GRAVEL BU{Pp�T 1-1.5� DOUBLE WtiSfiEp Sip►VE OR �.��e� WASHED RNER RUN PEA GRAVEL PLANTINC MEDIUM DEpTFI 3p• WRH A WELL BLENDED M!l(TURE (8Y VOLUME}: 707G HOMOGENOlJS CONSTRUC710N S/WO PERFORATED UNDERDRAIN OUTLEi 30x ORGANIC LEAF COMPOST PIPE WfiH REMOVABLE Glp 8' NiN. DIMIETER SWALE CR�SS-SECTION (WITH CHECKDAM) NOT Tp SCAtE ' CHEqfOAM SPApNG HSGA, CEeD - 75' HSC B — 60' PEPFORATED UHDEROfWN 011RET WUf. 3'STiFEDDm UNDERORNN CRAVEL Bl�N1�T APE YRiFi REI/OVABLE CAP H4NK MUI.L`H 1-7b'OOUBLE WASFIED 57ONE OR � 8'MIN. OIAAIEfER (MnDOT hPE 6) ' � EARTFEN CMECK WM x'-�F�WASHED RNER RUN PEA GRAVEL ' .�. _.' X. �; _. HSG� C t D - 18• _ . ." � HSG B - 15" ,� 2S 9 OPf - � . .. :. , . -__ _ . ....,, .... ... ., ..- ; � - :. � . - __ . , .,-� . � . . . 3l1� .. . . . . 71MI71NG MEDNIA ' � SWALE PROFILE (WITH CHECKDAM) Nor ro sc� � Underdrains with removable caps facilitate management of water levels during establishment of vegetation. For HSG A and B soils, the underdrain is intended to be capped for long-term operation. For HSG C and D soils, the underdrain is intended to be open to allow drawdown of the feature,precluding retention and infiltration while still providing filtration of stormwater. Emmons&Olivier Resources, Inc 3 Last Revised 12-1-09 CARNELIAN - MARINE - ST. CROIX WATERSHED DISTRICT , � y . ' - •� �; -���- ,,� �� �: . / .:� Permeable Hard Surfaces (e.g. Permeable Yave Patio, Porous Concrete Driveway) PERMEABIE PAVEMENT, DEPTH, AND SPECIFICATIONS VARY Bl�SED ON VENDOR SPECI�ICATIONS NON-WOVEN GEOTEI(TilE - SELECT PERFORATED OVERFLOW QUTLET WITH SOCK TyPE BASED ON OEPTH FROM AND REMOVABLE CAP 8' MIN. DIAMETER SURFACE AND INTENDED LOAD USE AT (FOR HSG A k 8 INSffU SOILS ONLY). SURFACE SU88ASE, DEPTN. AND SPECiFlCATiONS '°"'" " --{ 0ASE0 ON PERMEABLE PAVEMENT TYPE. �n i-2" WASHED, CRUSHED, ANGUW2 � �STONE � \ � NON-WOVEN GEOTEXTILE - 50.ECT � \ TYPE BASED ON DEPH FROM -' � � " '`� SURFACE AND iNTENDED IOAD USE �\/��j\:�� �.,�i. �y'�/ \, �' . �� ATSURFACE / \� 1.5' SAND tlLTER (FOR HSG C AND D INStTU SOILS ONLY). PERFORATED UNDERDRAIN OUTLET WITH SOCK PNO REMOVABLE CAP 8' MIN. DIAMETER (FOR HSG C AND D INS(TU SOILS ON�Y). PERM£ABLE HARD 5URFACES NOT 70 SCALE Infiltratiou Trench / French Drain VECEfATED BUFFER SfitlP COR OiHER PREfR£ATMENT). OBSERNA110N WELL W17H REMOJA9LE GP. 1� MIN 4' MIN. 1' MIN -�l�lt__Uj�_�UL_�fll� �111i..�t1k-_��It�l1lt Ulc--��-1(�I�..� 1 � _... _-�I�IC_��ll__��V._•-- fi -T'— a �' MIN CRAVEL FlLTER SFV1L 1 COhFORM TO T}IE FOLIOWING 1' MIN cw�wnon oR�n �rme o �w�oven evurvuFxr: � 9EVE 9ZE PAS9NG FlLTER FABHIC AT WASHED STONE/PFA ° 1 100 GRAVEL IHTERFACE MID l�LONC SI06 ..'�' � � � OF TRENCH. iLTER fABR1C TRANSMISSMTY Of HO LESS THIW ° NO. 4 �70 700 GALLONS PER NINUTE. . 0 4' AfIN. PERFORATED PVC PIPE SHALL CONFOFM TO ►NWT STANWRD o 3' DEFP iRQiCH W1TH SPEGFlV.TIONS 3243. PERFORATIONS 1� - 3� DINIEfFR WASHm SfONE SFNIL BE 0.25 INCH R! DIMIETFR. CpNFORIIING TO iHE FOLLOWNG REWtREYENTS SPACED 3 INCHR CENTER TO CENTER o Mq WWE NIN TNO ROWS OF MOLES. SEVE 9ZE PERCfMi PA59NG a 2.0 100 1.5" 95-100 12'x 12's� t. NETAL FOOT PUTE 0.3 0-10 4' MIN. 8'NW. SAND FlLTER OR FABRIC EOUNALF7li. INFfLTRATION TRENCH�FRENCH DRAIN CROSS—SECTION NOT TO SCALE Emmons&Olivier Resources,Inc 4 Last Revised 12-1-09 CARNELIAN-MARtNE-S'T. CROEX WATERSHED DISTRICT r--�►- —�,�•- � �/ �.\! I// a}�a pu3 al�a �a��S RULE 3 Erosion & Sediment Control ��afoad �o uoi�dia�sa4 Notice of Intent uoi�e�o� ��a(oad A person disturbing 5,000 square feet or more of land, but not requiring a permit under the criteria listed below, must �ieua3 � xe� / auoyd submit this notice-of-intent (also available electronically d!Z `a���S `��!� at www.croscwd.org) and conform the activity to standard - --- ssaappy best practices published by the District. �uedu.io� / aweN :o�u� ���}uo� A permit is reauired for: u�ao� �.ua�.ul }o aa��o� • Land disturbance of 1 acre or more; • Land disturbance of 1/4 acre or more if any part of the -- --- --- -- --- - _._ :: _ _ _ . disturbed area is within 1,000 feet of and tributary to a groundwater-dependent natural resource or public water; or • Any land-disturbance that requires a District permit �,t,��-,r under a rule other than Rule 3 (e.g. stormwater management, buffer requirements, shoreline and streambank alterations, floodplain and drainage alterations or wetland management). Note: Rule 3 does not apply to new and continuing ' Carnelian-Marine-St. Croix agricultural activity. Watershed District P.O. Box 188 21150 Ozark Ave. Contact CMSCWD with questions at (651) 433-2150 / Scandia, MN 55073-0188 RULE 4.3 BUFFER ZONE WIDTH SUMMARY `f4�.='r ��.��� ���;x ;; �,i��r .....'"`���,�f Stream/ Tributary/ St. Croix River Lakes Wetlands 4.3.1 Buffer zones 4.3.1 Buffer zones 4.3.1 Buffer zones v�Ol�f1C�WV�3�e:f �1@E]OflCa�fll P�E�kUf�� F:@SOUfCE ��aQ{�R� �f lak2 IS a GDNR - 100 feet Wetland qverage Buffer Minimum Buffer Management yyidth(feet) Width(feet) Cate ory �� - -�� .�---- ---------------,00--------.- Natural Environment Lake - 75 feet > >oo ,00 streamside middle z �s so _��'� zone zone Recreational Development s so 2s Lake - 50 feet a so ze shoreland ordinance J structure setback ! If wetland is�y s � a GDNR ' 1 I�'r � l� 2 �� � ___. ; �,� \� ~��� .4� outer . �,. �.,�. zone �`��� � 3, rniddle �t strE���de Zone _-------X------ — �' � � " � � � z ►'� _�--�...-— � � � z5—'�_ � + � ��,�' s�� .�� ' � r�� �� � � Y� � 7�� / � : ;� �� �� �� � �,� ��,�� J/y t a��" 3 \ � il�� � � "�,o-������ >� � i��E- �� � � �� � `� �_ � �� .� i �' rv��,����,� � � �r-�.�- r ����y'„�.�,..a"" � \\ / . .��' . .. Streamside zone contiguous with � �� � �/ � steep slopes (4.3.3); middle zone ���� �� -- - - contiguous with mapped natural communities (4.3.2), steep slopes (4.3.3) and 100-year floodplain Buffer contiguous wifih upland edge (4.3.4) of mapped natural community Buffer contiguous with upland edge of steep slopes (4.3.3) and (4.3.2), steep slopes (4.3.3), and 100-year floodplain (4.3.4) 100-year floodplain (4.3.4) 4.3.5 Drainageways extending outside Buffer x . ..�,..- .-� � m�— t:s'".Fe' �f�' A�"YG� tk��('}c'�' ��M* ����"",�+'?"9.e'`�' . , � <� � � „'#e�"�4�'�„,x"'�":,.; �., +�, z �'�'`t ��, ��' � m' c �' ��a��' e� R �,�� �-�.��..� .�-�.����.,�"' x���i�'� �:� �.���.�"'_ ,.,����,., .�-��n,�.-� �.::� �, --��,�`-�-� a,� _ � � .��,. X ��«�3. '" ' . . . . . ... . ... . .., . . . � _.T _ _ ",�5i Buffer width X = Drainageway width Y CARNELIAN-MARINE-ST. CROIX WATERSHED DISTRICT �s = n �_. ���.�. ; i � `�-�� ,q�s:��' - � � • " '.� . . � � ' � �r �.. .: � � , �, � � � � »r�¢ '�;,�« Y �;: � - ����:��l�•` r� h ..�`' i _ �a. December 9, 2009 � � fif �' j �r ''�t�"��:. NOTI E OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING CIiY OF �CANDIA I ���-------- —�-� PROPOSED RULES AND REGULATIONS Contact Person: Jim Shaver, District Administrator, 651 -433-21 50, jimshaver@croscwd.org Enclosed for public review and comment are the proposed revised rules of the Carnelian Marine St. Croix Watershed District (District). This constitutes the 3�d public comment period afforded by the District. Two rules documents are provided. One document shows the revised rules as they would appear if adopted. The second is a redlined version showing proposed changes addressing comments on the 2nd Review Draft of the rules dated 4-30-08. In addition, the District's proposed rule guidance documents are enclosed to facilitate public review of the rules. These documents are intended to facilitate the determination of permit need, to further clarify elements of the rules, and will be available for applicant use in submittal of a permit application or notice of intent. The current rules have been actively implemented (via permit program) since 2000. Rule implementation since that time has led to recognition of a number of issues that the rules do not address or do not address clearly. Many of the proposed changes would refine and clarify the present rules. A number of other proposed changes reflect and incorporate new District data and more effective approaches to water resource management as they have evolved over the past ten years. The proposed changes are fairly comprehensive and the District encourages the careful review and input of interested parties. The District invites submission of written comment on the proposed changes. Comments may be submitted by mail or email and must be received by January 25, 2010. Comments should be submitted to: Attn: �im Shaver District Administrator Carnelian Marine St. Croix Watershed District Box 188 Scandia, MN 55073 State and regional resource protection agencies, local governments and potentially regulated parties are particularly invited to engage in a review of these proposed rules for the purpose of making them as resource-protective as possible without creating excessive administrative costs or placing an undue burden on property owners. Comments on specific provisions in the proposed rules and how they may apply in practice are most useful. Similarly, criticisms are most valuable when accompanied by suggested alternative language or a suggested alternative regulatory approach. In addition to receiving written public comment, the District will hold a public hearing at the Heritage Meeting Room, Scandia Community Center, at 8:00 p.m. on�anuary 4, 2010, at which time all interested persons will have the opportunity to address the District Board of Managers concerning the proposed revisions. The District will consider carefully all comments and make appropriate changes to the proposed revisions before adoption. Enclosures i z Carnelian-Marine-St. Croix 3 Watershed District 4 5 6 � u es g 9 �0 3rd Review Draft December 1 , 2009 1 TABLE OF CONTENTS � 3 CERTIFICATION OF RULES.................................................................................... i 4 lNTRODUCTION .......................................................................................................i 5 RELATIONSHIP TO MUNICIPAL[TIES................................................................. I 6 0.0 DEFINITIONS...................................................................................................... 1 7 I.0 PROCEDURAL REQUIREMENTS.................................................................... 9 8 2.0 STORMWATER MANAGEMENT................................................................... 13 9 3.0 EROS[ON AND SED[MENT CONTROL ........................................................24 l0 4.0 LAKE, R[VER, STREAM AND WETLAND BUFFER REQUIREMENTS...27 1 1 5.0 SHORELINE & STREAMBANK ALTERATIONS......................................... 32 12 6.0 WATERCOURSE AND BASIN CROSSINGS................................................. 37 13 7.0 FLOODPLAIN AND DRAINAGE ALTERATIONS ....................................... 38 14 8.0 WETLAND MANAGEMENT...........................................................................40 I S 9.0 VARIANCES......................................................................................................45 16 10.0 ENFORCEMENT.............................................................................................46 17 l8 l9 CERTIFICATION OF RULES 20 I, Victoria Dupre, Secretary of the Carnelian-Marine-St. Croix Watershed District 21 Board of Managers, certify that the attached is a true and correct copy of the Rules of 22 the Carnelian-Marine-St. Croix Watershed District having been properly adopted by the 23 Board of Managers of the Carnelian-Marine-St. Croix Watershed District. 24 25 Dated: 26 27 INTRODUCTION 28 The Carnelian-Marine-St. Croix Watershed District (District) adopts these Rules and 29 Regulations as required by Minnesota Statute 103D.341 to accomplish the purposes in 30 Chapter 103D, implement the powers of the managers, and the policies of the District as 31 contained in the District Watershed Management Plan (Plan). 32 33 The District Administrator is available to assist permit applicants. The District 34 Administrator will work with local governments and Washington County to coordinate 35 permit review and administration. Additional technical guidance documents are 36 available from the District to assist applicants with design of features required under 37 these Rules. Concept plans can also be submitted for initial review by the District to 38 identify the specific standards and key resources that would apply for a specific project. 39 Carnelian-Marine-St. Croix Watershed District Page i Rules 3`d Review Draft December 1, 2009 t RELATIONSHIP TO MUNICIPALITIES 2 The District recognizes that the primary control and determination of appropriate land uses 3 is the responsibility of the municipalities. Accordingly, the District wili coordinate permit 4 application reviews involving land development with the municipality where the land is 5 located. 6 7 The District will be active in the regulatory process to ensure that its water resources are 8 managed in accordance with District goals and policies. Municipalities have the option of 9 assuming a more active role in the permitting process after adoption of a local water 10 management plan approved by the District and upon adoption and implementation of local 1 I ordinances consistent with the approved plan. 12 13 The District will review projects sponsored or undertaken by municipalities and other 14 governmental units, and will require permits for governmental projects impacting water 15 resources of the District. These projects include but are not limited to: land development or 16 redevelopment; road, trail, utility construction or reconstruction. 17 I 8 The District desires to serve as technical advisor to the municipalities in their preparation of 19 local surface water management plans and the review of individual development proposals 20 prior to investment of significant public or private funds. To promote a coordinated review 21 process between the District and the municipalities, the District encourages the 22 municipalities or townships to contact the District early in the planning process. 23 24 The District does not serve as the Local Government Unit (LGU) for administration of the 25 Minnesota Wetland Conservation Act (WCA). Notwithstanding the above, the District, 26 pursuant to its regulatory authority under watershed law and its BWSR-Approved CWPMP, 27 will require permits under Rule 8.0 for wetland-altering activities. The District will coordinate 28 application procedures, review and permitting of wetland-alternating activities with WCA 29 LGUs through a memorandum of understanding or other such letter of agreement. 30 31 Carnelian-Marine-St. Croix Watershed District Page 1 Rules 3`d Review Draft December 1, 2009 I 0.0 DEFINITIONS 2 For the purposes of these Rules, the following words have the meanings set forth below. 3 4 References in these Rules to specific sections of the Minnesota Statutes include any 5 amendments, revisions or recodification of those sections. 6 7 "Agricultural activity" means the use of land for the production of agronomic, horticultural 8 or silvicultural crops, including nursery stock, sod, fruits, vegetables, flowers, 9 forages, cover crops, grains, hay fields, aquatic plants, and Christmas trees. l0 Agricultural activity also includes animal husbandry and grazing. 11 12 "BasemenY' means any area of a structure, including crawl spaces, having its floor or 13 base below ground level on all four sides, regardless of the depth of the excavation 14 below ground level. 15 16 "Best Management Practices (BMPs)" means measures taken to control impacts from 17 stormwater runoff on the receiving water or groundwater. BMP specifications for 18 design and construction follow, in order of priority, the Minnesota Stormwater Manual 19 (MPCA, 2005); Protecting Water Quality in Urban Areas (MPCA, 2000); and 20 Minnesota Construction Site Erosion and Sediment Control Planning Handbook 21 (BWSR, 1988); as amended, revised or supplemented. 22 23 "Better site design practices" means development design oriented to conserve natural 24 areas, limit hard cover, use natural pervious areas and integrate stormwater 25 management features to more effectively manage stormwater runoff. 26 27 "Bioengineering" means the use of vegetation and organic or inorganic materials to 28 stabilize shorelines and streambanks. 29 30 "Biofiltration" means a series of biological and physical processes that remove particles 31 from water. 32 33 "Bounce" means the difference in water surface elevation between the outlet or normal 34 water elevation and the peak water surface elevation following a rainfall event. 35 36 "Buffer" means an upland area adjacent to a lake, stream or wetland that is maintained 37 at or restored to an acceptable diversity and density of native vegetation as 38 determined by the District. 39 40 "Dewatering" means the removal of water from an excavated or natural depression. 41 42 "Distributed CN-value approach" means an approach that assigns a curve number to 43 each distinct land use to more accurately reflect the volume and timing of site- 44 generated runoff. Impervious surfaces directly connected to stormwater 45 conveyances may not be grouped with disconnected impervious and pervious areas 46 for calculation of drainage area curve numbers. 47 48 "District" means the Carnelian-Marine-St. Croix Watershed District. 49 Carnelian-Marine-St. Croix Watershed District Page 1 Rules 3rd Review Draft December 1, 2009 1 "Drainageway" means a channel or swale with intermittent, periodic, or occasional flow. 2 3 "Extended detention" means the storage of runoff in a basin, above the required 4 (infiltration) retention pool, for the purposes of rate control, downstream channel 5 protection and water quality treatment. 6 7 "Facility" means any part of a natural or constructed system contributing under the 8 stormwater management plan to meeting a standard of section 2.4. 9 10 "Feasible" means technically achievable at a cost not substantially disproportionate to I I the stormwater management benefit to be gained, in the DistricYs determination. 12 13 "Filtration" means a series of processes that physically removes particles from water. 14 15 "Floodplain" means the area adjoining a watercourse, or a natural or constructed water 16 basin, including the area around lakes, rivers, wetlands, stormwater ponds, 17 depressions, and intermittent and perennial streams, that is inundated by the 100- 18 year 24-hour rainfall event or, for landlocked basins and basins that have no active 19 outlet for the 100-year 24-hour rainfall event, the 100-year 10-day rainfall event. 20 21 "Groundwater-Dependent Natural Resource" (GDNR) means a feature with surface 22 emergence of groundwater at a spring or seepage area, sufficiently mineral rich to 23 support a plant community or aquatic ecosystem listed in the Appendix to these 24 Definitions. A map of currently identified groundwater-dependent natural resources 25 is found in Appendix 2.1. The following lakes are excepted: Big Marine Lake, Big 26 Carnelian Lake, and Square Lake. 27 28 "Hot SpoY' means a land use that is inherently of higher risk to become a point source for 29 stormwater pollution. Examples of such land uses include, but are not limited to, gas 30 stations, chemical storage facilities, industrial sites and transportation depots. 31 32 "Hydrologic regime" means the seasonal pattern of wetland water level that is like a 33 hydrologic signature of each wetland type. It defines the rise and fall of a wetland's 34 surface and subsurface water. Constancy of seasonal patterns from year to year 35 ensures a reasonable stability for the wetland. 36 37 "Impervious surface" means a surface that has been compacted or covered with a layer 38 of material, or is likely to become compacted from expected use, so that it is highly 39 resistant to infiltration by water. 40 41 "Lake" within the District, means water bodies identified as "Public Waters" under Minn. 42 Stat. §103G.005, subd. 15. 43 44 "Land disturbance" means any change of the land surface, including removing 45 vegetative cover, excavation, fill, grading, stock piling soil, and the construction of 46 any structure that may cause or contribute to erosion or the movement of sediment 47 into waterbodies. The use of land for new or continuing agricultural activity, home 48 gardens, or landscaping adjacent to existing structures shall not constitute a land- 49 disturbing activity under these Rules. 50 Carnelian-Marine-St. Croix Watershed District Paqe 2 Rules 3'd Review Draft December 1, 2009 _ 1 "Landlocked basin" means a basin or localized depression that is one acre or more in 2 size that does not have a natural outlet at or below the water elevation of the 10-day 3 runoff event with a 100-year return frequency (7.2-inch runoff event), using the 2000 4 Washington County Topographic Survey for the pre-event elevation. 5 6 "Lowest floor elevation" means the lowest floor of the lowest enclosed area inciuding 7 basement. An unfinished or flood resistant enclosure, used solely for parking of 8 vehicles, building access, or storage in an area other than a basement area is not 9 considered a building's lowest floor. 10 l l "Management Category 1" means High Quality/Highest Priority Wetlands. Refer to 12 APPENDIX 0.2 for additional detail. 13 14 "Management Category 2" means Stream Corridor and Shoreland Wetlands that are not 15 a Management Category 1. Refer to APPENDIX 0.2 for additional detail. 16 17 "Management Category 3" means Isolated Wetlands that are not a Management 18 Category 1. Refer to APPENDIX 0.2 for additional detail. 19 20 "Management Category 4" means Utilized Wetlands. Refer to APPENDIX 0.2 for 21 additional detail. 22 23 "Mapped natural community" means a natural community identified in "Natural 24 Communities and Rare Species Map for Washington County" (Minnesota 25 Department of Natural Resources, Natural Heritage Program, 1990), or in a natural 26 resources inventory using the same protocol as established by the Minnesota 27 Department of Natural Resources. 28 29 "Middle zone" is a vegetative buffer zone that extends from the upland edge of the 30 streamside zone to the interior edge of the outer zone of a watercourse. 31 32 "Multi-family residential" means apartment, townhouse, or twinhome complexes. 33 34 "Natural environment lake" means a lake so designated by the Minnesota DNR pursuant 35 to Minn. Rules chapter 6120.3000. 36 37 "NURP standard" means the design criteria developed pursuant to the Nationwide Urban 38 Runoff Program (U.S. EPA, 1983) and published by the Minnesota Pollution Control 39 Agency in "Protecting Water Quality in Urban Areas 1991" (sections 4.1-4 through 40 4.1-7), as may be amended. 41 42 "Ordinary high-water level" or"OHWL" means the boundary of a public water or wetland, 43 and is an elevation indicating the highest water level that has been maintained for a 44 sufficient period of time to leave evidence on the landscape, commonly indicated by 45 a change from predominantly aquatic to predominantly terrestrial vegetation. For 46 watercourses, the ordinary high-water level is the elevation of the top of bank of the 47 channel. For basins and flowages, it is the operating elevation of the summer pool. 48 The Minnesota DNR makes all official determinations of ordinary high-water levels. 49 50 "Outer zone" is a vegetative buffer zone that extends from the upland edge of the middle 51 zone of a watercourse to a point specified in these rules. Carnelian-Marine-St. Croix Watershed District Page 3 Rules 3�d Review Draft December 1, 2009 i 2 "Person" means any natural person, partnership, unincorporated association, 3 corporation, limited liability company, municipal corporation, state agency, or political 4 subdivision of the State of Minnesota. 5 6 "Pre-settlement" means soil permeability conditions existing before European settlement. 7 8 "Public water" has the definition at Minn. Stat. §103G.005, subd. 15. 9 10 "Pre-development" means soil permeability conditions at the time preceding the 11 proposed creation of impervious surface or substantial change in site hydrology or 12 infiltration by alteration of site vegetation or contour, as calculated in accordance with 13 sub-section 2.5.3. 14 15 "Receiving water" means the first of the following types of surface waters encountered 16 by stormwater flow from the site: a lake or stream designated as a public water 17 pursuant to Minn. Stat. §103G.005, subd. 15, as amended; or a wetland. 18 19 "Reconstruction" means the rebuilding, repair or alteration of a structure, surface, or 20 facility for which the cost would equal or exceed 50 percent of the replacement cost. 21 22 "Recreational development lake" means a lake so designated by the Minnesota DNR 23 pursuant to Minn. Rules chapter 6120.3000. 24 25 "RedevelopmenY' means any proposal to re-subdivide land, or any land-disturbing 26 activity or addition of impervious surFace to a developed site. 27 28 "Regional facility" means a stormwater management facility designed to manage the 29 stormwater runoff from five or more parcels. 30 31 "Revegetation" means the planting of native species. 32 33 "Seasonal high water table" means the highest groundwater elevation expected on a 34 seasonal basis. 35 36 "Shore impact zone" means land located between the OHWL of a public water and a line 37 parallel to it at a setback of 50 percent of the structure setback applicable under the 38 governing shoreland ordinance. 39 40 "Steep slope" means land with an average slope exceeding 12 percent over a distance 41 of 50 feet or more upgradient of a water resource, calculated using a reasonably 42 precise topographic surface model. 43 44 "Stream" means watercourses identified as "Public Waters" under Minn. Stat. 45 §103G.005, Subd. 15. 46 47 "Stream buffer zone" means a streamside zone, middle zone or outer zone. 48 49 "Streamside zone" is a vegetative buffer zone that extends from the ordinary high-water 50 mark of a watercourse to the interior edge of the middle zone. 51 Carnelian-Marine-St. Croix Watershed District Page 4 Rules 3`d Review Draft December 1, 2009 I "Structure" means anything that is constructed or placed on the ground and that is, or is 2 intended, to remain for longer than a brief, temporary period of time. 3 4 "Subdivision" means the separation of an area, parcel, or tract of land under singie 5 ownership into two or more parcels, tracts, lots, or long-term leasehold interests 6 where the creation of the leasehold interest necessitates the creation of streets, 7 roads, or alleys, for residential, commercial, industrial, or other use or any 8 combination thereof, except those separations: where all the resulting parcels, tracts, 9 lots, or interests will be 20 acres or larger in size and at least 500 feet in width for 10 residential uses and five acres or larger in size for commercial and industrial uses; 1 1 creating cemetery lots; resulting from court orders, or the adjustment of a lot line by 12 the relocation of a common boundary. 13 14 "Subwatershed" means the drainage area of the receiving water for the site. 15 16 "Utility" means a service, or part thereof, that conveys water, wastewater, steam, gas, 17 electricity, telephone, or a similar commodity or service, including but not limited to 18 cable access television and data transmission lines, but excluding stormwater 19 management facilities. 20 21 "Waterbody" means a watercourse or waterbasin. 22 23 "Waterbasin" means an enclosed natural depression with definable banks, capable of 24 retaining water. 25 26 "Watercourse" means a natural channel that has definable beds and banks capable of 27 conducting confined runoff from adjacent land. 28 29 "Wet detention" means the storage of runoff in a basin, in the permanent pool below the 30 outlet control structure, to allow for settling of particles. 31 32 "Wetland" means land transitional between terrestrial and aquatic systems where the 33 water table is usually at or near the surface or the land is covered by shallow water. 34 A wetland (a) is predominated by hydric soils; (b) is inundated or saturated by 35 surface water or groundwater at a frequency and duration sufficient to support a 36 prevalence of hydrophytic vegetation typically adapted for life in saturated soil 37 conditions; and (c) under normal circumstances, supports a prevalence of 38 hydrophytic vegetation. A wetland is a waterbasin if it meets the definition of that 39 term. 40 41 "Wetland treatment system" means a constructed basin designed to replicate the 42 physical and biological mechanisms for nutrient and sediment removal inherent of a 43 natural wetland. 44 Carnelian-Marine-St. Croix Watershed District Page 5 Rules 3`d Review Draft December 1, 2009 1 APPENDIX 0.1 2 Groundwater-Dependent Natural Resource Types 3 4 (Following Minnesota Land Cover Classification System protocol) 5 Cold�+-ater trout streun VVet prairie seepage ntbt�rpe- Sprulg a•eek saturated soils Grotuldwater-dependent lake Calcareovs seepage fen Tan�racic swunp�c�age subh-pe Cakareous see�.�age fen boreal Tan�rack swauip utnlerotropluc �'bty pe suUt���e Calcareous seepage fen prau•ie subh'pe T�ntarack SWiI]Il�?5y17dgY7U111 suUty�?e Poor fen ti'�"hite ceci�ir swauip seepage subt��e Poor fen secl.��e subtyp� Black s�nue bog Poor fen��attnYied fen suri�-pe Biack spnue bog intermediate ��h t� suUt�-pe Rich fen sedge sulitype Black spruce bog raised stibtype I�ich fen floatulg-utat suht��pe- Black ash swunp s��age subtti�pe saturated soils ':Vlixed hard�n-ood swauip seep�ge P.ich fen pattented fen subt�-pe subh-pe Ope71 Lx.g Open sphagmml hog Scrub taniarack poor f�1 schlenlce subt`��e Birch bo?,sr�iraea tevnporu�ily Gru�ui�oid bog t7oodeci s].u�ublutd �ti'et meadocti-floating mat subt��pe Slu uU fen Rich fen floatulg-nu�t subtype- Poor f��slu�tb subty�pe =��u������ttly flooded Rich fen s1u�U subty�e Fich fen floatuig-nut subh�pe- utterulittentl�-exposed j�'Vet Lx•tk.h-pr�irie sc��age suUtype - Rich fen floating-nut subt�rpe- 5lirub s�vaulp seepage suUty-pe P�mt��i{�`,�ooded Aider swautp-saharated soils Talus slope algific subt�-pe Birch bog,spir�ea shrubl�uld- saturated soils `�ep��meado�v Alder sw aulp Wet cliff Binh bog,spiraea s1uYiUl�lci- �loderate cliff seasoiullV flooded Mid�vest sedintent u1-ciripping cliff Birch lio�,spiraea shruUland- Saline sprulg niud flats e-enuperntanentl�-floodeci 6 Carnelian-Marine-St. Croix Watershed District PaQe 6 Rules 3�d Review Draft December 1, 2009 I APPENDIX 0.2 2 Wetland Management Category Details 3 4 "Management Category 1" means High Quality/Highest Priority Wetlands. The District 5 Wetland Management Plan includes a map showing the classification of wetlands 6 identified to date. The Minnesota Routine Assessment Method (MnRAM) should be 7 used to classify wetlands not yet classified. Wetlands classified as High 8 Quality/Highest Priority have at least one of the following characteristics: 9 • Wetlands rated with exceptional vegetative diversity/integrity, which may include 10 wetlands with natural communities not significantly impacted by invasive species 11 or other human-induced alterations, wetlands harboring endangered or 12 threatened plant species, or rare wetland habitats classified as imperiled (S1) or I 3 critically imperiled (S2) by the state rankings. 14 • Wetlands that have groundwater dependent plant communities and have a I S vegetative diversity/integrity rating of inedium or higher are also pfaced in this 16 category. These wetlands may have suffered some degradation from human 17 influences due to their heightened sensitivity. 18 • Wetlands with a high vegetative diversity/integrity rating and a high rating for 19 hydrologic regime. The vegetative community in these wetlands typically has 20 been only slightly affected by humans and still maintains high functioning levels 21 for hydrologic regime, which is critical to wetland sustainability. 22 • Wetlands with a high vegetative diversity/integrity rating and a high rating for 23 wetland water quality; OR wetlands with a high vegetative diversity/integrity 24 rating and a high rating for downstream water quality. The vegetative community 25 in these wetlands typically has been only slightly affected by humans and still 26 maintains high function to maintain water quality, which is critical to wetland 27 sustainability. 28 • Wetlands rated as exceptional for wildlife habitat. These include wetlands known 29 to harbor endangered or threatened animal species, rare communities, or wildlife 30 refuges and fish and wildlife management areas whose purpose is maintaining 31 suitable habitats for wildlife. 32 33 "Management Category 2" means Stream Corridor and Shoreland Wetlands that are not 34 a Management Category 1. The District Wetland Management Plan includes a map 35 showing the classification of wetlands identified to date. The Minnesota Routine 36 Assessment Method (MnRAM) should be used to classify wetlands that are not 37 included in the current classification. Wetlands classified as Stream Corridor and 38 Shoreland Wetlands have at least one of the following characteristics: 39 • All Stream Corridor and Shoreland Wetlands not already classified as 40 Management Category 1. 41 • Wetlands rated as high for amphibian habitat. 42 • Wetlands rated as exceptional or high for fish habitat. These wetlands include 43 those specifically managed for fish management; designated trout streams, lakes 44 or adjacent wetlands; and known spawning habitat for game fish. 45 • Wetlands with a medium vegetative diversity/integrity rating and a high rating for 46 hydrologic regime. The vegetative community in these wetlands has only been 47 moderately affected by humans and still maintains high functioning levels for 48 hydrologic regime, which is critical to wetland sustainability. These wetlands 49 would likely benefit from active management. Carnelian-Marine-St. Croix Watershed District Paqe 7 Rules 3rd Review Draft December 1, 2009 1 • Wetlands that are highly sensitive to stormwater impacts and have a vegetative 2 diversity/integrity rating of inedium or high were also placed in this category. 3 • Wetlands with a medium vegetative diversity/integrity rating and a high rating for 4 wetland water quality. The vegetative community in these wetlands has only 5 been moderately affected by humans and still maintains high functioning levels 6 for water quality, which is critical to wetland sustainability. 7 8 "Management Category 3" means Isolated Wetlands that are not a Management 9 Category 1. These wetlands include all other isolated wetlands not already classified 10 as Management Category 1 or 2. The District Wetland Management Plan includes a I 1 map showing the classification of wetlands identified to date. The Minnesota Routine 12 Assessment Method (MnRAM) should be used to classify wetlands that are not 13 included in the current classification. 14 I S "Management Category 4" means Utilized Wetlands. These wetlands include pre- 16 existing basins used heavily as livestock watering wetlands, stormwater ponds dug 17 out from existing wetland, and other severely degraded wetlands (degraded as 18 defined by WCA). The District Wetland Management Plan includes a map showing 19 the classification of wetlands identified to date. The Minnesota Routine Assessment 20 Method (MnRAM) should be used to classify wetlands that are not included in the 21 current classification. 22 23 Carnelian-Marine-St. Croix Watershed District Page 8 Rules 3`d Review Draft December 1, 2009 I 1.0 PROCEDURAL REQUIREMENTS 2 1.1 Application Required. Any person undertaking any activity for which a permit is 3 required by these Rules shall first submit for review a permit application, engineering 4 design data and such other information to the District as may be required by these Rules 5 to determine whether the improvements are in compliance with the criteria established 6 by these Rules. All permit applications must bear the original signature of the 7 landowner. 8 9 1.2 Forms. Permit applications shall be submitted using forms provided by the District. 10 Forms are available from the District office or on the DistricYs website. Permit 1 1 applications shall be addressed to the District office. 12 13 1.3 Action by Board of Managers. The Board of Managers shall act, generally within 14 60 days of receipt of a complete application and complete set of required exhibits, in 15 accordance with Minnesota Statutes, Section 15.99. as amended. No application is 16 considered complete unless all required items listed in each applicable rule are 17 submitted in the form acceptable to the District. The District shall, within fifteen (15) l8 business days from receipt of a permit application, provide written notice to the applicant 19 of any items needed to complete the application. Permit decisions will be made by the 20 Board except as delegated to the Administrator by written resolution. 21 22 1.4 Issuance of Permits. The permit will be issued only after applicant has satisfied all 23 requirements and conditions for the permit, has paid all required District fees, and the 24 District has received any required surety. 25 26 1.5 Conditional Approval. The District may conditionally approve an application, but 27 such approval will not result in the issuance of a permit until all conditions precedent to the 28 approval have been resolved. All conditions must be satisfied within twelve (12) months of 29 the date of conditional approval. If a permit is not issued within the 12-month period, the 30 applicant may reapply for a permit and pay applicable permit fees. 31 32 1.6 Conformity with Local Requirements. The District will review applications for 33 permits involving land development and land disturbance concurrently with municipal or 34 county review. The permit will be issued only after the applicant demonstrates that the 35 plan has received preliminary approval from each local government in which 36 development is to take place and completion of the Wetland Conservation Act (WCA) �� process. The requirement of preliminary approval shall mean: 39 (a) Preliminary plat approval if required for the development; or 40 (b) If plat approval is not required, issuance of a local government permit for 4l the project. 42 The applicant is encouraged to submit a concept plan and supporting documentation for 43 a pre-permit review by the District prior to initiating the formal permit review process. 44 45 1.7 Inter-governmental Coordination. The District will work with municipalities and 46 government agencies on a case-by-case basis to develop a memorandum of 47 understanding to reduce overlapping regulatory authority. 48 Carnelian-Marine-St. Croix Watershed District Page 9 Rules 3` Review Draft December 1, 2009 ' 1 1.8 Time for Submittal. A permit application which includes all required exhibits shall 2 be received by the District at least 28 days prior to the scheduled meeting date of the 3 Board of Managers. Late submittals or submittals with incomplete exhibits will be 4 scheduled to a subsequent meeting date pending receipt of a complete submittal. 5 � 6 1.9 Compliance & Modifications. Issuance of a permit based on plans, specifications 7 or other data shall not prevent the District from thereafter requiring the correction of 8 errors in the approved plans, specifications and data, or from preventing any activity 9 being carried on in violation of these Rules. The permittee shall not modify the approved 10 activity or deviate from the plans and specifications on file with the District without the I 1 prior approval of District staff. Significant modifications to the approved plans and 12 specifications shall require Board approval. 13 14 1.10 Inspection 8� Monitoring. After issuance of a permit, the District may perform I S such field inspections and monitoring of the approved activity as the District deems 16 necessary to determine compliance with the conditions of the permit and these Rules. 17 Any portion of the activity not in compliance shall be promptly corrected. In applying for l8 a permit, the applicant consents to District entry upon the land for field inspections and 19 monitoring, or for performing any work necessary to bring the activity into compliance at 20 the permittee's expense. 21 22 1.11 Suspension or Revocation. The District may suspend or revoke a permit issued 23 under these Rules if the permit was issued in error or on the basis of incorrect or 24 incomplete information supplied, or in violation of any provision of these Rules, or if the 25 preliminary and final subdivision approval received from a municipality or county is not 26 consistent with the conditions of the permit. 27 28 1.12 Permit Renewals and Transfers. A permit is valid for a period of one-year from 29 the date of issuance subject to suspension or revocation as provided under these Rules. 30 If the work is commenced within one year from the date of permit issuance, the permit is 31 valid as long as the project is actively progressing toward completion. To renew or 32 transfer a permit, the permittee must notify the District in writing, prior to the permit 33 expiration date, of the reason for the renewal or transfer request. The request will be 34 reviewed by the Board of Managers at the next available board meeting provided all 35 information submitted to the District is current. 36 37 1.13 Permit Fees. The District will charge permit fees in accordance with a schedule 38 that will be maintained and may be revised from time to time by the Board of Managers 39 to ensure that permit fees cover the DistricYs actual costs of administrating and 40 enforcing permits. The current fee schedule may be obtained from the District office or 41 the District website. An applicant must submit the required permit fee to the District at 42 the time it submits its permit application. The Board reserves the right to increase the 43 permit fee as a penalty for work without a permit. No permit fee will be charged to the 44 federal government, the State of Minnesota or a political subdivision of the State of 45 Minnesota. 46 47 In cases where the permit approved by the District requires extended or supplementary 48 monitoring of the project by District staff or consultants, the District shall notify the 49 applicant of the monitoring fee due. The fee shall be paid to the District within thirty (30) 50 days from the date of notice and failure to pay the fee shall constitute a violation of the 51 permit terms and the District may rescind the permit. Carnelian-Marine-St. Croix Watershed District Paqe 10 Rules 3�d Review Draft December 1, 2009 1 2 1.14 Performance Surety. 3 4 (a) Policy: It is the policy of the Board of Managers to conserve the DistricYs 5 water resources by assuring compliance with its rules. The District assures 6 compliance by requiring a bond or other surety to secure performance of permit 7 conditions and compliance with District rules, as well as protection of District water 8 resources in the event of noncompliance with permit conditions and/or rules. A 9 project for which the permittee is the federal government, the State of Minnesota or 10 a political subdivision of the State of Minnesota is exempt from surety requirements. ll 12 (b) PerFormance Surety Requirement: A surety or sureties, when required, l3 must be submitted in a form acceptable to the District. The District will require 14 applicants to submit a surety or sureties in accordance with a schedule of types and 15 amounts that will be maintained and may be revised from time to time by the Board 16 of Managers. The current schedule of surety amounts and acceptable forms and 17 sources may be obtained from the District office or the District website. 18 19 An applicant may submit to the District a performance bond or an irrevocable letter 20 of credit in terms satisfactory to the District to secure performance of permit 21 conditions for activities for which the required surety amount as determined above 22 is in excess of$5,000. The performance bond or letter of credit must be submitted 23 before the permit is issued. 24 25 (c) Form and Contents of Performance Bond or Letter of Credit: 26 27 (1) The performance bond or irrevocable letter of credit must be in a �� form acceptable to the District. 30 (2) The performance bond or irrevocable letter of credit must be in favor 31 of the District and conditioned upon the performance of the party obtaining 32 the performance bond or letter of credit for the activities authorized in the 33 permit, and compliance with all applicable laws, including the DistricYs rules, 34 the terms and conditions of the permit and payment when due of any fees 35 or other charges required by law or by the District's rules. The performance 36 bond or irrevocable letter of credit must provide that if the conditions are not 37 met, the District is entitled to full payment of the performance bond or letter �� of credit. 40 (3) The surety must be valid and in force for at least 1-year period 41 from completion of the project and shall contain a provision that it may not 42 be canceled or released except pursuant to the terms of sub-section �� 1.14(d). 45 (4) Interest will not be paid on a cash surety. 46 47 (d) Release of Performance Surety. Upon written notification from permittee of 48 completion of the permitted project, the District will inspect the project to determine 49 if it is constructed in accordance with the terms of the permit and District rules. If 50 the project is completed in accordance with the terms of the permit and District rules 51 and the party providing the performance surety does not have an outstanding 52 balance of money owed to the District for the project, including but not limited to Carnelian-Marine-St. Croix Watershed District Page 11 Rules 3`d Review Draft December 1, 2009 1 unpaid permit fees, the District will release the performance bond or letter of credit, 2 or return the cash surety if applicable. Finat inspection compliance for approval of 3 a Certificate of Completion includes, but is not limited to, confirmation that all 4 disturbed soil is adequately stabilized, all erosion and sediment control BMPs 5 and stormwater management features have been constructed or installed as 6 designed and are functioning properly, and completion of all required monitoring 7 of wetland mitigation areas. The District may return a portion of the surety if it finds 8 that a portion of the surety is no longer required to assure compliance with District 9 rules. 10 1 I 1.15 Appellate Procedure and Review. Any person aggrieved by enforcement of 12 these Rules and Regulations or by any Order of the District may appeal therefrom in 13 accordance with the appellate procedure and review as provided in Minnesota Statutes 14 Chapter 103D. 15 16 1.16 Regular Meetings. Regular meetings of the Board of Managers are held at the 17 Scandia City Hall, 14727 - 209th Street N., Scandia, MN, unless otherwise noticed. 18 Meeting schedules and agendas may be obtained by contacting the District office. 19 r .�:s�, Carnelian-Marine-St. Croix Watershed District Page 12 Rules 3`d Review Draft December 1, 2009 _ ___ 1 2.0 STORMWATER MANAGEMENT 2 2.1 Purposes and Policy. It is the policy of the District to: -, � 4 2.1.1 Preserve natural infiltration, groundwater recharge and subsurface flows 5 that support groundwater dependent resources including lakes, streams, 6 wetlands, plant communities and drinking water supplies; 7 8 2.1.2 Work toward restoration of natural hydrology by preventing transfer of 9 surface water runoff across subwatershed boundaries and by limiting peak off- 10 site stormwater flow to pre-settlement rates; 11 12 2.1.3 Limit off-site stormwater volume to prevent flooding and thermal impacts 13 to groundwater dependent resources; l4 15 2.1.4 Require management of stormwater to limit the conveyance of sediment, 16 phosphorus and other pollutants to ground and surface waters and promote 17 water quality; and 18 19 2.1.5 Minimize drainage from impervious surfaces to stormwater conveyance 20 systems and preserve the natural hydrology of landlocked basins to minimize 21 basin and downgradient flood risk. 22 23 2.2 Applicability. Subject to an exception in section 2.7, the requirements of this Rule �� apply to: 26 (a) Residential subdivision of four or more lots; 27 (b) Any project (including linear projects such as road, bikeway, sidewalk, 28 etc.) creating impervious surface that exceeds either one acre or five percent of a 29 site, whichever is less; or 30 (c) Land disturbance of 5,000 square feet or more that includes creating 31 impervious surface within 1,000 feet of and tributary to a groundwater-dependent 32 natural resource or public water. Appendix 2.1 identifies areas subject to this 33 criteria. 34 (d) Mining operations. 35 (e) Projects requiring a variance from the applicable shoreland or St. Croix 36 Riverway ordinance relating to structure setback from the property line adjacent 37 to the resource or impervious surface percentage. 38 (fl Redevelopment activity. If the proposed activity will disturb more than 50 39 percent of existing impervious surface, the criteria of section 2.4 will apply to all 40 impervious surface on the project site. Otherwise, the criteria will apply only to 41 net additional impervious surface. Notwithstanding, for road and other linear 42 projects, only net additional surface will be considered. 43 44 2.3 Regulation. Before any activity described at section 2.2 commences, a stormwater 45 management plan shall be submitted to the District in conformity with the requirements 46 of this Rule, and a permit shall be secured from the District. The managers will review a 47 stormwater management plan; however, the permit will be issued only after the applicant Carnelian-Marine-St. Croix Watershed District Page 13 Rules 3rd Review Draft December 1, 2009 1 demonstrates that the project has received preliminary approval from the local land use 2 authority, in accordance with section 1.6 of these Rules, indicating compliance with 3 existing local requirements and completion of the Wetland Conservation Act (WCA) 4 process. The applicant is encouraged to submit a concept plan and supporting 5 documentation for a pre-permit review by the District prior to initiating the formal permit 6 review process. 7 8 2.4 Standards. 9 l0 2.4.1 Mana4ement Standards. An applicant for a stormwater management �� permit must demonstrate to the District that the proposed land-altering activity: 13 (a) Will not increase peak stormwater flow rate from the site, as �4 compared with the peak stormwater flow rate calculated in accordance 15 with sub-section 2.5.3, for a 24-hour precipitation event with a return 16 frequency of 2, 10, and 100 years for all points where discharges leave a I 7 site. 1 g (b) Will not increase stormwater flow volume from the site, as 19 compared with the stormwater flow volume calculated in accordance with 20 sub-section 2.5.3, for a 24-hour precipitation event with a return 21 frequency of 2 years, or 10 years within a landlocked basin or a 22 subwatershed draining to a landlocked basin. 23 (c) Will provide water quality Best Management Practices (BMPs) 24 sized to infiltrate and/or retain the runoff volume generated on the site by 25 the 2 year, 24-hour event under the developed condition for all points 26 where discharges leave a site. For that portion of the 2 year, 24-hour 27 event runoff volume that is not required to be infiltrated under paragraph 2g 2.4.1(b), water quality BMPs or additional infiltration will be incorporated. 29 The order of preference for water quality BMPs is biofiltration, filtration, 30 wetland treatment system, extended detention, and wet detention in 31 accordance with NURP standards. 32 (d) Will not increase the bounce in water level or duration of 33 inundation, for a 24-hour precipitation event with a return frequency of 2, 34 10, and 100 years in the subwatershed in which the site is located, for 35 any downstream lake or wetland beyond the limit specified in Appendix 36 2.2. 37 An applicant for a residential project, including subdivision of less than 4 lots, that 38 creates '/4 acre or less of impervious surface may demonstrate alternative 39 compliance with the management standards via completion of the DistricYs Small 40 Residential Project Stormwater Worksheet. 41 42 2.4.2 Obligation to Ensure Performance. Before work under the permit is 43 deemed complete, the permittee must submit as-built plans and complete the 44 requested assessment consistent with the standards of the Assessment of 45 Stormwater Best Management Practices Manual demonstrating that at the time 46 of final stabilization, stormwater facilities conform to design specifications. At the 47 discretion of the Board, a final inspection by the District may be accepted in lieu 48 of as-built plans. As a specific condition to a permit, the District may impose Camelian-Marine-St. Croix Watershed District PaQe 14 Rules 3'd Review Draft December 1, 2009 1 monitoring, performance evaluation, additional compliance measures or other 2 requirements for the purpose of ineeting management standards. 3 4 2.4.3 Assurance of Downqradient Capacity. An applicant may be required to 5 demonstrate that downgradient stormwater conveyance structures and features 6 will be adequate to handle proposed increased peak flow or flow volume from the 7 site. 8 9 2.4.5 Waste Disposal. No refuse, garbage, or noxious materials shall be l0 dumped in any public waters or where surface runoff could directly carry 1 I materials to public waters. 12 13 2.5 Management. 14 15 2.5.1 Sequence of ManaQement Methods. To meet the standards of section 16 2.4, site-based stormwater management methods shall be used in the following 17 sequence. A preferred method shall be used to the degree feasible before a 18 less-preferred method is used. Treatment in a regional facility shall be governed �� not by this sub-section, but by sub-section 2.7.4. 21 (a) Better Site Design practices 22 (b) On-site infiltration 23 (c) Off-site regional infiltration 24 (d) Biofiltration 25 (e) Filtration 26 (� Wetland treatment system 27 (g) Extended detention 28 (h) Wet detention in accordance with NURP standards 29 (i) Other methods 30 31 2.5.2 Better Site Desiqn Practices. Activity creating impervious surface must 32 explicitly address the use of Better Site Design (BSD) techniques as outlined in 33 Chapter 4, "Minnesota Stormwater Manual" (Minnesota Pollution Control Agency, 34 2006 and subsequent revisions). Better Site Design involves techniques applied 35 early in the design process to reduce impervious cover, conserve natural areas 36 and use pervious areas to more effectively treat stormwater runoff and promote a 37 sequential treatment or "treatment train" approach to runoff management. An 38 applicant must show that BSD techniques were evaluated in developing the 39 design of a proposed project and demonstrate the infeasibility or inapplicability of 40 techniques that were rejected. 41 42 2.5.3 Stormwater Manactement Plan Modelinp Repuirements. 43 (a) A hydrograph method or computer program based on Natural 44 Resources Conservation Service Technical Release #20 (TR-20) and 45 subsequent guidance must be used to analyze stormwater runoff for the Carnelian-Marine-St. Croix Watershed District Paqe 15 Rules 3`d Review Draft December 1, 2009 I design or analysis of flows, volumes and water levels within and off the 2 project site. 3 (b) Curve numbers (CN-values) used to calculate the pre- 4 development rate and volume control standard for the site for upland 5 areas will be as follows: 6 Hydrologic Soil Group Curve Number � (also see Appendix 2 3) (pre-settlement based on Marshner map) g A 30 9 B 57 10 C 70 11 D 77 12 (c) All assumptions for CN-values and impervious surface area 13 estimates must be clearly stated. A distributed CN-value approach shall 14 be used to calculate runoff flows. 15 (d) For modeling of stormwater runoff in the post-development 16 condition, the Hydrologic Soil Group (HSG) and corresponding CN-value of 17 areas within the construction limits is to be shifted down one classification 18 (or '/ classification for HSG A) to account for the impacts of grading on soil 19 structure unless the plan specifies a District-approved method to restore 20 soil structure. 21 2.5.4 Acquisition of Proqerty or Contract Rights. An applicant relying on on- or 22 off-site facilities for complying with the standards of section 2.4 must possess all 23 land access rights necessary for design, construction, and long-term operation 24 and maintenance of the facilities. This sub-section does not apply to treatment in 25 a regional facility pursuant to paragraph 2.7.4(a). 26 27 2.5.5 Infiltration Pretreatment. Flows to infiltration facilities must be pretreated 28 for long-term removal of at least 50 percent of sediment loads. In the event an 29 infiltration facility is constructed in the vicinity downstream of a potential Hot Spot, 30 a skimmer shall be installed to facilitate clean-up. 31 32 2.5.6 Basin in Contributing Area to Groundwater-Dependent Natural Resource. 33 A stormwater basin within the surface contributing area to a groundwater- 34 dependent natural resource must contain and infiltrate the volume generated by 35 a two-year, 24-hour storm event over the disturbed area, if feasible. The basin 36 bottom must be at least three feet above the seasonally high water table, 37 bedrock or other impeding layer. If this infiltration standard is not met, basin 38 outflow must be non-erosive and routed through a subsurface system, flow 39 spreader or other device that discharges water through or across the ground to 40 lower discharge temperature to that of the ambient soil. 4l 42 2.5.7 Stormwater Management Facility Maintenance. All stormwater 43 management structures and facilities constructed in order to meet the 44 requirements of this Rule must be designed for maintenance access and must be 45 properly maintained in perpetuity to assure that they continue to function as 46 designed. The maintenance responsibility must be memorialized in a document 47 executed by the property owner in a form acceptable to the District and recorded on Carnelian-Marine-St. Croix Watershed District Pa e 16 Rules 3` Review Draft December 1, 2009 1 the deed. Alternatively, a public permittee may meet its perpetual maintenance 2 obligation by executing a programmatic or project-specific maintenance agreement 3 with the District. The executed maintenance document shall be recorded with the 4 County before permit issuance or immediately after plat approval and filing, if 5 applicable, and prior to the sale of lots. 6 7 2.5.8 Form of Recordinq. Rights under sub-section 2.5.4, a maintenance 8 instrument under sub-section 2.5.7, and any commitment of indefinite duration 9 that is a condition of a District permit shall be recorded with the County as an 10 easement or declaration in a form acceptable to the District. 11 12 2.5.9 Plattinq or Easement Documents. Applicant must provide platting or 13 easement documents showing conveyance to the local land use authority of 14 drainage and ponding/flowage easements over all stormwater management 15 facilities, stormwater conveyances, wetlands, and on-site floodplain up to the 100- 16 year event. Said easements must provide for adequate access to maintain 17 stormwater management facilities and stormwater conveyances. 18 19 2.5.10 Conformance to Floodplain and Drainape Alteration ReQuirements. In 20 addition to all other legal requirements that may apply, all land-altering and 21 related stormwater management activity pursuant to Rule 2.0 shall comply with 22 building elevation requirements of Rule 7.0. 23 24 2.5.11 Infiltration Facilities and Vulnerable Wellhead Protection Areas. 25 Infiltration practices must be designed and placed in accordance with the current 26 version of the Minnesota Department of Health guidance called "Evaluating 27 Proposed Stormwater Infiltration Projects in Vulnerable Wellhead Protection 28 Areas." 29 30 2.6 Required Exhibits. The following items, submitted in duplicate and certified by a 31 professional engineer registered in the State of Minnesota, registered land surveyor, or 32 other appropriate professional shall accompany all permit applications submitted to the 33 District pursuant to Rule 2.0. Required exhibits may be waived at the discretion of the 34 District Administrator if the exhibit is not needed for the evaluation of a specific project. 35 36 2.6.1 Property lines and delineation of lands under applicant's ownership and 37 location of the site with respect to known groundwater dependent natural 38 resources; 39 40 2.6.2 For existing and proposed conditions, topography showing all on- and off- 41 site subwatersheds contributing to surface flows onto or from the site; 42 43 2.6.3 The location, alignment and elevation of proposed and existing 44 stormwater facilities; 45 46 2.6.4 Delineation of existing on-site wetland, shoreland, drain tiling and 47 floodplain areas as defined in the current Federal Emergency Management 48 Agency (FEMA) study; 49 50 2.6.5 Existing and proposed normal and 100-year water elevations on site; 51 Carnelian-Marine-St. Croix Watershed District Page 17 Rules 3�d Review Draft December 1, 2009 1 2.6.6 Existing and proposed site contour elevations at two-foot intervals, related 2 to National Geodetic Vertical Datum (NGVD), 1929 datum; 3 4 2.6.7 Elevation of the OHWL of each public water on the site, if determined by 5 the Minnesota Department of Natural Resources; 6 7 2.6.8 Construction plans, specifications and a maintenance schedule for all 8 proposed facilities; 9 10 2.6.9 Stormwater runoff rate analyses for the 2, 10, and 100 year critical events 1 1 and runoff volume for the 2-year event (or 10-year event for a landlocked basin) 12 under off-site flow and volume standard condition and proposed conditions, using 13 Appendix 2.3 to simulate infiltration losses in designed practices, or the DistricYs 14 Sma/l Residential Project Stormwater Worksheet, if applicable per sub-section 15 2.4.1; 16 17 2.6.10 All hydrologic, water quality, and hydraulic computations completed to 18 design the proposed facilities, including a demonstration of conformance, in the 19 site aggregate, to water quality requirements of paragraph 2.4.1(c), or the 20 District's Small Residential Project Stormwater Worksheet, if applicable per sub- 21 section 2.4.1; 22 23 2.6.11 Documentation of conformance with an existing local stormwater 24 management plan, or in cases where such a plan does not exist, documentation 25 that the local government has reviewed the project; 26 27 2.6.12 Delineation of any flowage and drainage easements and other property 28 interests dedicated to stormwater management purposes, including, but not 29 limited to, county or judicial ditches; 30 31 2.6.13 Documentation as to the status of a National Pollutant Discharge 32 Elimination System stormwater permit for the project from the Minnesota 33 Pollution Control Agency and provide the Storm Water Pollution Prevention Plan 34 (SWPPP) as it becomes available; 35 36 2.6.14 Geotechnical information including soil maps, borings, site-specific 37 recommendations and other information needed to evaluate the proposed 38 stormwater management design; 39 40 2.6.15 Thermal impact analysis demonstrating compliance with sub-section 41 2.5.6, if applicable; 42 43 2.6.16 Soil structure restoration plan demonstrating compliance with sub-section 44 2.5.3, if applicable; 45 46 2.6.17 Hydrologic and hydraulic computations completed to determine if a basin 47 is landlocked; and 48 49 2.6.18 Delineation and determination of groundwater dependent natural 50 resources present on the site. 51 Carnelian-Marine-St. Croix Watershed District Page 18 Rules 3`d Review Draft December 1, 2009 1 2.7 Exceptions. 2 3 2.7.1 Infeasibilitv of On-Site Infiltration. If the District finds that Better Site 4 Design practices and on-site infiltration, applied to the extent feasible, are 5 insufficient to maintain stormwater flow volume off-site at the level specified in 6 paragraph 2.4.1(b), the applicant will be excepted from strict compliance with that 7 paragraph. The use of Better Site Design practices, on-site infiltration and off- 8 site regional infiltration shall be required to the extent feasible to reduce flow 9 volume to the level specified in paragraph 2.4.1(b) before discharge into a 10 receiving water. Compliance with paragraph 2.4.1(c) must be specifically 1 1 demonstrated. Where infiltration is not feasible, water quality treatment sized for 12 the 2-year, 24-hour event must be provided in accordance with the sequencing l3 standards of sub-section 2.5.1. Infiltration is considered not feasible where 14 documented soil contaminants preclude the use of infiltration practices or there is I 5 inadequate separation from the water table, bedrock, or other impeding layer. 16 17 2.7.2 Exception to Sequencinq. The District may grant an exception to the 18 sequencing requirements of paragraphs 2.5.1(d) through (i) on an applicant's 19 demonstration that an alternative management technology or method would 20 achieve the same levels of performance and reliability as the method specified at 21 paragraph 2.5.1(d). 22 23 2.7.3 Large Lot Gravel Drives. The management standards of sub-section 2.4.1 24 are waived for private gravel drives on residential lots at least 10 acres in size if the 25 drive is bordered downgradient by vegetated open space or a vegetated filter strip 26 with a minimum width of 5 feet and does not discharge directly to wetland, 27 groundwater-dependent natural resource or public water. 28 29 2.7.4 Re4ional Treatment. Management of site stormwater in a regional facility �Q constitutes compliance with Rule 2.0 in any of the following circumstances: 32 (a) Management is pursuant to and in accordance with a local water 33 management plan approved by the District under Minnesota Statutes 34 §103B.235. 35 (b) An applicant has demonstrated infeasibility of on-site and off-site 36 infiltration under sub-section 2.7.1 and the District, in writing, finds that 37 the proposed method of management would meet all standards of section 38 2.4 except for paragraph 2.4.1(b). 39 (c) Management is pursuant to and in accordance with a cooperative 40 agreement with the District that explicitly recognizes alternative 41 compliance with Rule 2.0 under specified conditions. 42 43 2.7.5 Basin Outlet. Rule 2.0 does not apply to a capital project in a watershed 44 management or approved local water management plan intended to create an 45 outlet for a landlocked basin. 46 47 2.7.6 Master Plans. A permit is not required for construction on an individual lot 48 within a residential subdivision if it conforms to a master development plan 49 approved by the District that addresses all standards and conditions of Rule 2.0. 50 Carnelian-Marine-St. Croix Watershed District Pape 19 Rules 3�d Review Draft December 1, 2009 I 2.7.7 Exception to Plattinc�or Easement Documents. The District may waive 2 the requirements of sub-section 2.5.9 for single-family residential lot 3 improvements provided stormwater facility maintenance responsibility is 4 memorialized in accordance with sub-section 2.5.7. 5 6 2.7.8 Variance. The District may grant a variance to any requirement of Rule 7 2.0 under Rule 9.0. 8 9 2.8 Groundwater-Dependent Natural Resource Management Plans. Standards 10 established in District approved management plans for individual groundwater 11 dependent natural resources will supersede other District Rules as indicated in the 12 approved management plan. All applicable District Rules not superseded by the 13 approved management plan will still apply to the proposed project. 14 +r { a j-.: ?,(�' 3y rs �+��. „t.� h�*,. Carnelian-Marine-St. Croix Watershed District Paqe 20 Rules 3�d Review Draft December 1, 2009 1 APPENDIX 2.1 2 Groundwater-Dependent Natural Resources 8 Public Waters — 1,000 Buffer . :,JrA �.�� � '�;;� �.;� �-' -r- . y�.� ��._� � ���, 1s �M1 �. ���� �' � ` � .�,,, . �� � ,�� ����ts•% � ��� `;�, " .. i � t . SY. . i ' _ �'vn' ��"1—' - � � i . . �* � -0 .. ' . .� T� n. "'`yv r 1 � K $°- .��.:��� � i -.. a�'h,� -� • � .e,i... � 9�� n;w::` , ...s` ,, , ��+ = 's a ti - u~.��. i ,:" 1'�. 1��,., f fi � �..� .3 1 "S . t � x.. z�o•_ ' :+ �ea� _� .,:Y� ,"� r h �.,�, �:- Z,. ,, � .�; ti � :T �{ �> -� �. �,� 4,;. , � ,, � t� ,: i_.__ ��'' �� �;� - . ���,_ ���a- _.;��� -- �' .:� ___ . 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Carnelian-Marine-St. Croix Watershed District Paqe 21 Rules 3`d Review Draft December 1, 2009 I APPENDIX 2.2 2 Bounce and Inundation Period Standards" 3 Wetland Inundation Period Inundation Period for Susceptibility Permitted Storm for Two-Year 10-Year or Greater Class Bounce event Event Highly susceptible Existing Existing Existing Moderately Existing plus Existing plus Existing plus susceptible 0.5 feet 1 day 7 days Slightly Existing plus Existing plus Existing plus susceptible 1.0 feet 2 days 14 days Least Existing plus Existing plus susceptible No limit 7 days 21 days 4 5 '' Adapted from "Stormwater and Wetlands Planning and Evaluation Guidelines for 6 Addressing Potential Impacts of Urban Stormwater and Snowmelt Runoff on Wetlands," 7 (Minnesota Stormwater Advisory Group, June 1997). Wetland susceptibility classification 8 is determined based on wetland type: 9 • Hiqhlv susceptible wetland types include: sedge meadows, bogs, coniferous 10 bogs, open bogs, calcareous fens, low prairies, coniferous swamps, lowland 1 1 hardwood forests, and seasonally flooded basins. 12 • Moderatelv susceptible wetland types include: shrub-carrs, alder thickets, fresh 13 (wet) meadows, and shallow&deep marches. 14 • Sliqhtiv susceptible wetland types include: floodplain forests and fresh wet I S meadows or shallow marches dominated by cattail giant reed, reed canary grass l6 or purple loosestrife. 17 • Least susceqtible wetland includes severely degraded wetlands. Examples of 18 this condition include cultivated hydric soils, dredge/fill disposal sites and some 19 gravel pits. 20 Camelian-Marine-St. Croix Watershed District Page 22 Rules 3�d Review Draft December 1, 2009 I APPENDIX 2.3 2 Desi n infiltration Rates Hydrologic Corresponding Unified Soil �nfiltration Soil Group Soil Textures� Classification" Rate inches/hour GW - Well-graded gravel or well-graded gravel with sand GP — Poorly graded gravel or poorly 1.6 Gravel, sand, raded ravel with sand sandy gravel, GM - Silty gravel or silty gravel with A silty gravel, sand loamy sand, SW - Well-graded sand or well-graded sandy loam sand with gravel ��$ SP — Poorly graded sand or poorly raded sand with ravel SM - Silty sand or silty sand with gravel 0.6 B Loam, silt loam ML— Silt OL— Organic silt or organic silt with 0.3 sand or ravel or ravell or anic silt GC — Clayey gravel or clayey gravel Sandy clay with sand C loam SC —Clayey sand or clayey sand with 0�2 ravel CL — Lean clay or lean clay with sand or gravel or gravelly lean clay Clay, clay loam, CH — Fat clay or fat clay with sand or p silty clay loam, gravel or gravelly fat clay � p 2 sandy clay, silty OH — Organic clay or organic clay with clay sand or gravel or gravelly organic clay MH — Elastic silt or elastic silt with sand or ravel 3 4 Source: Minnesota Stormwater Manual (2005) 5 6 "U.S. Department of Agriculture, Natural Resources Conservation Service, 2005. National Soil 7 Survey Handbook, title 430-VI. (Online)Available: http://soils.usda.qov/technical/handbook/. 8 9 �*ASTM standard D2487-00 Standard Practice for Classification of Soils for Engineering Purposes 10 (Unified Soil Classification System). Carnelian-Marine-St. Croix Watershed District Page 23 Rules 3� Review Draft December 1, 2009 I 3.0 EROSION AND SEDIMENT CONTROL 2 3.1 Policy. It is the policy of the Board of Managers to require erosion and sediment 3 control for land disturbing activities to prevent the siltation and sedimentation of streams, 4 lakes, wetlands, and groundwater recharge areas in the District. 5 3.2 Applicability. All persons shall submit an erosion and sediment control plan to the 6 District, and secure a permit from the District approving the erosion control plan for any 7 grading, filling, or other land disturbing activities which involve: 8 (a) Land disturbance of one acre or more; 9 (b) Land disturbance of '/4 acre or more, if any part of the disturbed area is l0 within 1,000 feet of and tributary to a groundwater-dependent natural resource or 1 I public water; or 12 (c) Any land disturbance that requires a District permit under a rule other 13 than Rule 3. 14 A person disturbing 5,000 square feet or more, if any part of the disturbed area is within 15 1,000 feet of and tributary to a groundwater-dependent natural resource or public water, 16 but not requiring a permit under the criteria of this Rule, must submit a notice of intent on 17 a form provided by the District and conform the activity to standard best practices 18 published by the District. 19 20 3.3 Regulation. The plan must meet the following standards: 21 3.3.1 An erosion and sediment control plan must be prepared by a qualified 22 individual showing proposed methods of retaining waterborne sediments on site 23 during the period of construction and showing how the site will be restored, 24 covered, or revegetated after construction, including a timetable for completion; 25 3.3.2 The erosion and sediment control plan shall be consistent with the 26 specifications of the Minnesota Pollution Control Agency (MPCA) manual 27 "Protecting Water Quality in Urban Areas" and its current revisions, and 28 specifically shall conform to manual recommendations on the following subjects, 29 as applicable: 30 (a) Implementation schedule and construction sequencing 3 I (b) Critica� erosion areas 32 (c) Limits of disturbed areas 33 (d) Stabilizing exposed and soil stockpile areas 34 (e) Stabilizing waterways and outlets (including managing five-year, 24- 35 hour event) 36 (� Protecting adjacent properties from erosion 37 (g) Storm sewer inlet protection 38 (h) Riprap at culvert outfalls 39 (i) Rock construction entrances 40 (j) BMP construction details 4l (k) Horizontal slope grading Carnelian-Marine-St. Croix Watershed District Page 24 Rules 3�d Review Draft December 1, 2009 I (I) Permanent erosion control; 2 3.3.3 Sites with high erosion potential characterized by steep slopes or erodible 3 soils may require the permit applicant to post a surety pursuant to Rule 1.0. 4 3.4 Site Maintenance Practices 5 3.4.1 All erosion and sediment control measures shall be installed, and the 6 District shall be given three business days' notice in writing, before land 7 disturbance commences. 8 3.4.2 The permittee is responsible at all times for the maintenance and proper 9 operation of all erosion and sediment control facilities. On any property on which 10 land-disturbing activity has occurred pursuant to a permit issued under this rule, 11 the permittee shall, at a minimum, inspect, maintain and repair all disturbed 12 surfaces and all erosion and sediment control facilities and soil stabilization 13 measures every day work is performed on the site, and at least weekly, until 14 land-disturbing activity has ceased. Thereafter, the permittee shall perform these I 5 responsibilities at least weekly until vegetative cover is established. 16 3.4.3 All exposed soil areas and soil stockpiles within 200 lineal feet of a l7 wetland, a waterbody, a discernable surface drainage feature or a stormwater l8 system inlet, and with a continuous downhill slope to that water feature, must be 19 stabilized with erosion control measures, or temporary or permanent cover, 20 within the indicated time after final grade is established: 21 Slope Time 22 Steeper than 3:1 7 days 23 10:1 to 3:1 14 days 24 Flatter than 10:1 21 days 25 If an area is not permanently stabilized, it shall be managed in accordance with 26 sub-section 3.4.4, below. 27 3.4.4 The weekly inspection requirement of sub-section 3.4.2, above, may be 28 reduced to monthly between November 15 and snowmelt if site management 29 conforms to the following: 30 (a) Exposed soils are stabilized with established vegetation, straw or 31 mulch, matting, rock or other approved product such as rolled erosion 32 control product. Seeding is encouraged, but alone is not sufficient. 33 (b) Temporary and permanent ponds and sediment traps are graded 34 to capacity before spring snowmelt. This does not include 35 infiltration/filtration facilities, which must be kept free of sediment until the 36 site is fully stabilized. 37 (c) Sediment barriers are properly installed at necessary perimeter 38 and sensitive locations. 39 (d) Slopes and grades are properly stabilized with approved methods. 40 Rolled erosion control products must be used on slopes greater than 3:1 41 (Horizontal:Vertical) and where erosion conditions dictate. 42 (e) Stockpiled soils and other materials subject to erosion are 43 protected by established vegetation, anchored straw or mulch, rolled Carnelian-Marine-St. Croix Watershed District Paqe 25 Rules 3�d Review Draft December 1, 2009 1 erosion control product or other durable covering; a barrier prevents 2 movement of eroded materials from the location. 3 (� All construction entrances are properly stabilized. 4 (g) Snow management protects erosion and sediment control 5 measures. 6 3.4.5 If a site is actively worked after November 15, all steep slope measures, 7 downgradient and perimeter sediment controls, stockpile stabilization and 8 sediment control measures, swales, channels, culvert outfalls and storm sewer 9 inlets must be maintained in proper working condition at the end of each work l0 day. 11 3.4.6 After construction is complete, design contours must be established for 12 permanent wet detention basins used as sediment basins during construction. 13 3.4.7 Erosion control measures such as silt fences and inlet protection shall not 14 be removed until after the project is complete and the District determines that all 15 disturbed areas have been fully stabilized, and shall be removed within 14 days 16 thereafter. 17 3.5 Agricultural Practices. A Rule 3.0 permit is not required for agricultural activity, 18 provided that a grass or natural vegetation buffer zone extending one rod (16.5 feet) or 19 the width of an applicable shore impact zone, whichever wider, is maintained along any 20 waterbody, wetland or surface drainage conveyance. The buffer zone shall be 21 maintained to effectively control sediment migration to surface waters and no fertilizer is 22 to be used in the zone except during buffer establishment and/or when a soil test deems 23 it necessary. Excluding areas constructed specifically for livestock watering, the practice 24 of rearing livestock near streams, lakes and wetlands, and allowing livestock to walk on 25 embankments and enter streams, lakes and wetlands is discouraged. Steep slopes 26 disturbed by livestock access within the buffer zone do not qualify as a buffer under this 27 exemption. 28 Carnelian-Marine-St. Croix Watershed District Page 26 Rules 3`d Review Draft December 1, 2009 l 4.0 LAKE, RIVER, STREAM AND WETLAND BUFFER REQUIREMENTS 2 The purpose of Rule 4.0 is to afford the greatest possible protection to buffers, and to 3 the water quality and habitat of District water resources, consistent with the interest in 4 avoiding undue disturbance to established public and private activities adjacent to lakes 5 and streams. 6 4.1 Purposes and Policy. Natural vegetation bordering the bed and banks of lakes, 7 streams and wetlands serves a critical role in maintaining the ecological function of and 8 community benefits deriving from those water resources. Purposes served by 9 vegetative buffers include bank and shoreline stabilization; erosion prevention; filtration 10 of nutrients, sediments and other pollutants from storm flows; protection of stream beds I I and banks and mitigation of downstream flooding through moderation of peak flows both l2 into and within the resource; regulation of in-stream temperatures; preservation of l3 aquatic and terrestrial habitat; protection of scenic resources; and maintenance of 14 property values. l5 4.2 Applicability. 16 42.1 Rule 4.0 applies to land: 17 (a) Adjacent to a stream designated as a public water pursuant to 18 Minn. Stat. §103G.005, subd. 15, as amended; a recreational 19 development or natural environment lake designated as a public water 20 under Minn. Stat. §103G.005, subd. 15, as amended; a groundwater- 21 dependent natural resource, a wetland, or the St. Croix River; and 22 (b) That is (i) subdivided; or (ii) subject to a variance from the 23 applicable shoreland or St. Croix Riverway ordinance relating to structure 24 setback from the property line adjacent to the resource or impervious 25 surface percentage; on or after[date of rule adoption]. 26 4.2.2 Rule 4.0 applies in addition to, and not in place of, any local shoreland 27 ordinance. 28 4.3 Zone Widths. 29 4.3.1 Subject to the special provisions in sub-sections 4.3.2 through 4.3.7, 30 buffer zones are as follows as measured from the OHWL, delineated wetland 31 edge, or top of bank as applicable to the resource: 32 (a) Stream/Tributary/St. Croix River: 33 (1) Streamside zone: 25 feet 34 (2) Middle zone: 50 feet from upland edge of streamside zone 35 (3) Outer zone: from upland edge of middle zone to structure 36 setback under applicable shoreland ordinance 37 (b) Natural environment lake: 75 feet 38 (c) Recreational development lake: 50 feet 39 (d) Manage 1 wetland: 100 feet 40 (e) Manage 2 wetland: 75 feet 41 (� Manage 3 wetland: 50 feet Carnelian-Marine-St. Croix Watershed District Page 27 Rules 3`d Review Draft December 1, 2009 1 (g) Manage 4 wetland: 50 feet 2 If a lake or wetland is a groundwater-dependent natural resource, the buffer will 3 be 100 feet. If a stream is a groundwater-dependent natural resource, the 4 streamside zone will be 50 feet, and the middle zone 100 feet. 5 4.3.2 Where a mapped natural community is associated with a stream or lake 6 subject to Rule 4.0, the upland edge of the buffer or, for a stream, the middle 7 zone shall be as specified in sub-section 4.3.1 or contiguous with the upland 8 edge of the mapped natural community, whichever is greater. 9 4.3.3 Where a lake or wetland buffer, or a streamside or middle zone of a 10 stream buffer, encompasses all or part of a steep slope, the zone or buffer shall 11 extend to the distance specified in sub-section 4.3.1 or to the top of the slope, 12 whichever is greater. A contour alteration or artificial structure on a steep slope 13 constitutes a break in slope only if it indefinitely will dissipate upgradient velocity 14 and trap upgradient pollutant loadings. 15 4.3.4 Where the 100-year floodplain extends further than the upland edge of 16 the middle zone, the lake buffer or the wetland buffer specified in sub-section 17 4.3.1, the zone or buffer shall extend to the upland edge of the floodplain. l8 4.3.5 Where a drainageway conveying flow through the buffer extends outside 19 the buffer width specified in sub-section 4.3.1, the buffer shall be extended along 20 the drainageway with a width equal to that of the drainageway. 21 4.3.6 Where a lake or wetland of any size is encompassed within or contiguous 22 to a stream to which Rule 4.0 applies, the lake or wetland buffer specified in sub- 23 section 4.3.1 or Rule 8.0 shall apply in addition to, and not in place of, the 24 applicable stream or take buffer. 25 4.3.7 Buffer width may vary where the applicant can clearly demonstrate the 26 need to vary from the District's Rule or when there is a potential to provide 27 benefits to the resources of the District, provided that the average width at least 28 equals the applicable width of sub-section 4.3.1, the buffer is at least half of that 29 width or a minimum of 25 feet at all points, and the buffer provides water 30 resource and habitat protection at least equivalent to that of a uniform buffer of 31 the required width. Buffer area calculation will exclude any part of the buffer 32 exceeding twice the width specified in sub-section 4.3.1. 33 4.4 Declaration and Delineation of Buffer Zones. 34 4.4.1 Before any disturbance of ground vegetation or contour, or placement of 35 any structure on the ground, a declaration, easement, or other instrument 36 incorporating the applicable requirements of Rule 4.0 shall be recorded with the 37 County in perpetuity on the property title by the property owner. 38 4.4.2 A buffer shall be indicated by either permanent, flush to the ground 39 markers or permanent, 4 ft post markers at the buffer's upland edge, with a 40 design and text approved by District staff in writing. A marker shall be placed at 41 each lot line, with additional markers at an interval of no more than 200 feet. If a 42 District permit is sought for a subdivision, the monumentation requirement will 43 apply to each lot of record to be created. On public land or right-of-way the 44 monumentation requirement may be satisfied by the use of markers flush to the 45 ground, breakaway markers of durable material, or a vegetation maintenance 46 plan approved by District staff in writing. Carnelian-Marine-St. Croix Watershed District Paae 28 Rules 3`d Review Draft December 1, 2009 I 4.5 Limitations in Buffer Zones. 2 4.5.1 At the time a buffer is created under Rule 4.0, the District will require a 3 planting or landscaping plan and the implementation of that plan to establish 4 adequate native vegetative cover for buffer areas that: 5 (a) Are disturbed; and 6 (b) Have vegetation composed more than 30 percent of undesirabie 7 plant species (including, but not limited to turf grass, reed canary grass, 8 common buckthorn, purple loosestrife, leafy spurge, bull thistle, and other 9 noxious or invasive weeds); or I 0 (c) Consist of more than 10 percent of bare soil or turf grass. I1 4.5.2 Lake Buffers; Wetland Buffers; Streamside Zone of Stream or River 12 Buffer. The following activities are prohibited within a lake buffer, and within the 13 streamside zone of a stream or river buffer: 14 (a) Creating impervious cover except as allowed by sub-section 4.9.2. 15 (b) Excavating fill or placing fill or debris, except for temporary 16 placement of fill or debris pursuant to duly-permitted work in the 17 associated watercourse, in compliance with all conditions of the permit, l 8 and in compliance with section 4.7. 19 (c) Altering vegetation, except for (i) vegetative enhancements, as 20 approved in writing by staff; and (ii) the removal of invasive exotic species 21 or of trees for disease control or revegetation. A tree larger than six 22 inches in diameter at a point two feet above the ground may be removed 23 only on written authorization from District staff on a determination that the 24 function of the buffer will not be diminished. 25 (d) Locating roads or utilities, except pursuant to a crossing of the 26 associated watercourse in accordance with section 4.7. Structures and 27 appurtenances associated with the road or utility shall not be located 28 within the streamside zone unless no feasible alternative exists. Outlet, 29 flood control and stormwater treatment facilities may be located within the 30 zone if so approved under Rule 2.0, except that a stormwater basin is not 3 I permitted: 32 (i) Within the streamside zone of a stream buffer; or 33 (ii) Within the buffer of a groundwater-dependent natural 34 resource, unless the basin bottom is at least three feet above the 35 seasonal high water table, bedrock or other impeding layer and 36 the basin and associated facilities are designed and maintained to 37 infiltrate the two-year, 24-hour precipitation event. 38 4.5.3 Middle Zone of Stream Buffer. The streamside zone prohibitions of sub- 39 section 4.5.2 apply in the middle zone of a stream buffer, except that dead trees, 40 limbs or branches may be removed from the buffer for any reason and without 41 District approval. 42 4.5.4 Outer Zone of Stream Buffer. The following are prohibited in the outer 43 zone of a stream buffer: 44 (a) Creating impervious cover except as allowed by sub-section 4.9.2. Carnelian-Marine-St. Croix Watershed District Page 29 Rules 3`d Review Draft December 1, 2009 I (b) Placing fill or excavation, except in accordance with section 4.7 2 and other applicable law. 3 (c) Locating roads or utilities that involve the creation of impervious 4 surface within the outer zone, except pursuant to a crossing of the 5 watercourse and in accordance with section 4.7. Structures and 6 appurtenances associated with the road or utility shall not be located 7 within the outer zone unless no feasible alternative exists. Outlet, flood 8 control and stormwater treatment facilities may be located within the zone 9 if so approved under Rule 2.0. 10 4.6 Shoreline and Bank Stabilization. A measure to stabilize a shoreline or bank 1 1 otherwise regulated under Rule 5.0 must comply with sub-section 4.7.1 but otherwise is 12 excepted from the prohibitions of section 4.5. 13 4.7 Temporary Alterations. l4 4.7.1 Compliance with Rule 3.0 is required, irrespective of the area or volume I 5 of earth to be disturbed. 16 4.7.2 Buffer zones and the location and extent of vegetation disturbance shall 17 be delineated on the erosion control plan. 18 4.7.3 Alterations must be designed and conducted to ensure only the smallest 19 amount of disturbed ground is exposed for the shortest time possible. Mulches 20 or similar materials must be used for temporary soil coverage and permanent 21 native vegetation established as soon as possible. 22 4.7.4 Fill or excavated material shall not be placed to create an unstable slope. 23 4.7.5 When construction, land disturbance, fill or excavation activity occurs 24 within the outer zone, the boundary between the outer and middle zones shall be 25 demarcated with siltation or other fencing to prevent disturbance of vegetation 26 within the middle zone. When construction, land disturbance, fill or excavation 27 activity occurs within the middle zone, the boundary between the middle and 28 streamside zones shall be demarcated with siltation or other fencing to prevent 29 disturbance of vegetation within the streamside zone. 30 4.8 Roads and Utilities. 31 4.8.1 A structure, impervious cover or right-of-way maintained permanently in 32 conjunction with a crossing of the waterbody or wetland shall minimize the area 33 of permanent vegetative disturbance to the degree feasible. Minimization 34 includes, but is not limited to, approach roads and rights-of-way that are 35 perpendicular to the crossing and of a minimum width consistent with use and 36 maintenance access needs. 37 4.8.2 All work shall be in accordance with section 4.7. 38 4.9 Exceptions. 39 4.9.1 An impervious surface, road or utility in existence on [date of rule 40 adoption], its maintenance (including mill and overlay), reconstruction, and 41 maintenance of its existing right-of-way are excepted from the operation of Rule 42 4.0 unless the impervious surface area increases. Any increase in area of a 43 surface, road or utility excepted under this sub-section is subject to the Rule. A 44 public road or a utility may be located within a buffer zone on a finding that Carnelian-Marine-St. Croix Watershed District Pa e 30 Rules 3` Review Draft December 1, 2009 1 avoiding the buffer is infeasible and in accordance with the standards of section 2 4.8. Mitigation of impacted buffer area is required where avoidance in infeasible. 3 4.9.2 Access to a waterbody or wetland for a lawful private or public use of the 4 resource may be created and maintained. All access surfaces within the buffer 5 zone, other than stairs, lifts, and docks allowed under the applicable shoreland 6 ordinance, must be pervious. Permanent vegetative disturbance shall be limited 7 to that necessary for access in light of the nature and extent of the permitted use. 8 For the purpose of this exception, porous paving systems are not considered a 9 pervious use. No facility, other than a footpath or a facility accessory to a 10 permitted use of the waterbody and required by its nature to be adjacent to the 11 water such as stairs, lifts, and docks allowed under the applicable shoreland 12 ordinance, may be located within the buffer zone. Paved recreational trails must 13 be located outside the buffer zone. The access zone must not exceed 50 feet in 14 width or half the lot width, whichever is less. I S 4.9.3 The District may grant a variance from any requirement of Rule 4.0 l6 pursuant to Rule 9.0 of these Rules. In determining the appropriateness of a l7 variance, the District shall consider, among other factors, the parcel or lot of 18 record as of the date Rule 4.0 was adopted; the common ownership of the l9 property in question and adjacent property; and the availability of clustering, 20 density compensation, variances and other means under applicable land use law 21 that would allow desired uses to be located on portions of the parcel or lot not 22 within buffer zones. An exception shall be limited to the extent necessary to put 23 the property to a reasonable or economically viable use. 24 4.9.4 For properties where the existing primary structure location does not 25 conform to the setback under the applicable shoreland ordinance and the 26 structure location is not required to be brought into conformance with the 27 applicable setback, the buffer width shall be 50% of the existing distance 28 between the structure and the OHWL, detineated wetland edge, or top of bank as 29 applicable to the resource. 30 4.10 Required Exhibits. In addition to the DistricYs standard application form, fees and 31 sureties, the following exhibits shall accompany a permit application (one full-size; one 32 set-reduced to maximum size of 11" x 17"): 33 4.10.1 Complete set of project plans that details project setting in relation to 34 adjacent water body; 35 4.10.2 Plan indicating OHWL or delineated wetland edge of adjacent water body 36 and applicable buffer width; 37 4.10.3 Buffer averaging justification if averaging requested under sub-section 38 4.3.7; 39 4.10.4 Evaluation of existing buffer vegetation and density in compliance with 40 sub-section 4.5.1. Planting plan, planting list with species and planting density, 41 and specifications and inspection and maintenance schedule to ensure project 42 success if needed to comply with sub-section 4.5.1. Carnelian-Marine-St. Croix Watershed District Page 31 Rules 3�d Review Draft December 1, 2009 1 5.0 SHORELINE & STREAMBANK ALTERATIONS 2 5.1 Policy. It is the policy of the District to: 3 5.1.1 Limit alteration of a shoreline or streambank under Rule 5.0 to instances 4 where erosion of the shoreline or streambank is occurring or likely to occur. 5 5.1.2 Assure that improvements or alterations of shoreline and streambank 6 areas comply with accepted engineering principles to prevent erosion; and 7 5.1.3 Preserve and, wherever feasible, enhance the ecological integrity and 8 natural appearance of shoreline and streambank areas. 9 5.2 Regulation. No person shall disturb the natural shoreline or streambank partially or 10 wholly below the ordinary high water mark of a waterbody, without first securing a permit l 1 from the District and posting a surety. Disturbance of a shoreline or streambank wholly I 2 above the ordinary high water mark of a waterbody may require a permit under Rule 7.0. 13 A permit will be issued only on a demonstration that erosion is occurring. Projects may 14 only use riprap if it is demonstrated that bioengineering is infeasible. Construction of 15 retaining walls is only allowed by variance. 16 A permit issued under this Rule may be valid for up to 5 years to allow for the completion 17 of regular maintenance of District approved bioengineering, riprap and retaining wall l8 shoreline projects or projects completed prior to [date of rule adoption] if a maintenance 19 plan is submitted and approved by the District. 20 5.3 Criteria for Bioengineering. Bioengineering techniques shall be used for shoreline 21 and streambank restoration unless it is demonstrated that it is infeasible to repair the 22 erosion problem using bioengineering techniques. The following criteria apply to 23 bioengineering projects: 24 5.3.1 The resultant project shall be structurally stable. Special emphasis shall 25 be given to the stability of the toe of slope where traditional engineering 26 techniques may be more appropriate. 27 5.3.2 Native vegetation shall be used in all cases. Preferable species include 28 those that form dense root systems or can be planted from cuttings. 29 5.3.3 Bioengineering projects sha�l include a long-term maintenance plan which 30 will ensure that small erosion spots are corrected and native plant materials are 31 successful. 32 5.4 Criteria for Rip Rap Placement. Rip rap placement is allowed only when 33 bioengineering has been demonstrated to be infeasible as a solution to the erosion 34 problem. Rip rap placement shall comply with the fo�lowing criteria: 35 5.4.1 Rip rap material should be durable, natural stone common to the setting 36 and of a gradation that will result in a stable shoreline embankment able to 37 withstand ice and wave action. 38 5.4.2 The finished slope of the rock fragments, boulders and/or cobbles should 39 not be steeper than a ratio of 3 feet horizontal to 1 foot vertical (3:1) under 40 normal conditions. Steeper slopes will generally require larger sized rip rap. The 41 finished slope shall be no steeper than 2:1 (horizontal to vertical). Any 42 rock/boulder stabilization project with a proposed finished slope steeper than 2:1 43 (horizontal to vertical) shall be evaluated in accordance with the conditions for 44 retaining walls. Carnelian-Marine-St. Croix Watershed District Page 32 Rules 3�d Review Draft December 1, 2009 1 5.4.3 No rip rap or filter materials shall be placed more than 6 feet waterward of 2 the shoreline measured from the ordinary high water level (OHWL) elevation. 3 5.4.4 A transitional layer consisting of graded gravel, at least 6 inches deep, 4 and an appropriate geotextile filter fabric shall be placed between the soil 5 material of the existing shoreline and the rip rap to prevent erosion of the 6 embankment and to prevent settlement. 7 5.4.5 Rip rap placement shall not be attempted when underlying soils are not 8 capable of supporting resulting loads. In these cases, a professional engineer 9 registered in Minnesota should be consulted. 10 5.4.6 The thickness of the rip rap layers shall be at least 125 times the 1 1 maximum stone diameter, exclusive of toe boulders at least 50 percent buried. 12 5.4.7 The rip rap shall conform with the natural alignment of the shoreline (i.e., 13 maintaining an undulating or meandering shoreline). 14 5.4.8 The design must reflect the engineering properties of the underlying soils 15 and any soil corrections or reinforcements. For a shoreline, the design must 16 conform to engineering principles for wave energy dispersion and resistance to 17 deformation from ice pressure and movement. For a streambank, the design I 8 shall conform to engineering principles for the hydraulic behavior of open channel 19 flow and shall consider upstream and downstream impacts. 20 5.4.9 Rip rap placement projects shall contain a native vegetation planting 21 element equal to at least five percent of the overall cost of the project. 22 5.4.10 Represent the "minimal impacY' solution to a specific need with respect to 23 all other reasonable alternatives. 24 5.5 Criteria for Retaining Walls. 25 5.5.1 A shoreline or streambank structure with a finished slope steeper than 2:1 26 (Horizontal:Vertical), including but not limited to a rock, boulder or masonry 27 installation, seawall, sheetpile structure or gabion basket, is considered a 28 retaining wall. A single course of riprap or other permanent material less than 18 29 inches in height is excepted. 30 5.5.2 A new retaining wall, or repair/reconstruction of an existing retaining wall 31 that increases floodplain encroachment beyond that required by technically 32 sound and accepted repair/reconstruction methods, is permitted only pursuant to 33 a variance. The applicant must demonstrate there is no adequate stabilization 34 alternative. 35 5.5.3 The applicant must file with the District a certificate of survey prepared by 36 a registered land surveyor locating the finished wall. 37 5.6 Criteria for Laying Sand along Shorelines and Streambanks. 38 5.6.1 Laying sand along shorelines and streambanks (a sandblanket) is 39 permitted only pursuant to a variance and is not allowed along streams or rivers. 40 5.6.2 The sand or gravel used must be clean prior to being spread. The sand 41 must contain no toxins or heavy metal, as defined by the Minnesota Pollution 42 Control Agency (MPCA), and must contain no weed infestations such as, but not 43 limited to, purple loosestrife, glossy buckthorn, reed canary grass and Eurasian Carnelian-Marine-St. Croix Watershed District Paqe 33 Rules 3�d Review Draft December 1, 2009 I watermilfoil, or animal life infestations such as, but not limited to, zebra mussels 2 or their larva. 3 5.6.3 The sand layer must not exceed six inches in thickness, 30 feet in width 4 along the shoreline, or one-half the width of the lot, whichever is less, and may 5 not extend more than ten (10) feet watenNard of the ordinary high water mark. 6 5.6.4 Beaches that are operated by governmental entities, and available to the 7 public, shall be exempted from the following restrictions: (i) that sandblankets be 8 no more than 30 feet in width 9 5.6.5 A natural zone of native shoreline plants of the same depth and equal to l0 20 percent of the width of the sandblanket shall be maintained adjacent to the 11 sandblanket. An aquatic vegetation management permit may also be required 12 from the DNR. 13 5.6.6 Represent the "minimal impacY' solution to a specific need with respect to 14 all other reasonable alternatives. 15 5.7 Required Exhibits. In addition to the DistricYs standard application form, fees and 16 sureties, the following exhibits shall accompany a permit application (one full-size; one 17 set-reduced to maximum size of 11" x 17"): 18 5.7.1 A riprap application must include the following: 19 (a) Site plan showing property lines, delineation of lands under 20 ownership of the applicant; delineation of the existing shoreline; 21 delineation of wetland within the project area; existing contour elevations 22 (if available); and locations and lineal footage of the proposed rip rap 23 treatment; 24 (b) Cross-section detailing the proposed rip rap, drawn to scale, with 25 the horizontal and vertical scales noted on the drawing. The detail should 26 show the finished rip rap slope, transitional layer design and placement, 27 distance lakeward of the rip rap placement, ordinary high water level 28 elevation and material specifications; 29 (c) Description of the underlying soil materials that will support the rip 30 rap and, if the underlying soils will not support the rip rap, the 31 recommendations of a professional engineer registered in the State of 32 Minnesota; 33 (d) Gradation, average diameter, quality and type of rip rap material 34 to be used (need must be demonstrated for use of rock larger than a 35 Class III gradation, other than for buried toe boulders); 36 (e) Gradation, quality and type of filter blanket material to be used 37 (normally, Type I gradation is sufficient); 38 (� Manufacturer's material specifications for proposed geotextile 39 fabric(s); 40 (g) Verification that materials used shall be non-polluting. 41 (h) Detailed planting plan for native vegetation planting element of the 42 project. 43 (i) Plan for maintenance of riprap shoreline stabilization, if a long- 44 term permit is desired as indicated under section 5.2. Carnelian-Marine-St. Croix Watershed District Page 34 Rules 3`d Review Draft December 1, 2009 1 5.7.2 An application for a streambank structure or installation must contain the 2 following: 3 (a) Site plan prepared by a qualified professional registered in the 4 State of Minnesota showing property lines; the ordinary high water level 5 (OHWL) elevation and 100-year fioodplain elevation; and existing 6 streambank and contour elevations up to the 100-year elevation, for at 7 least 50 feet upstream and downstream of the project location or for the 8 reach for which the project will affect flow conditions, whichever greater, 9 or as otherwise required by District staff; 10 (b) Cross-section of proposed project including slope dimensions 1 1 (length, width, height) and distance waterward; l2 (c) Material specifications including plant species and whether 13 species are rooted, seed or cutting; l4 (d) Design calculations and documentation of structural stability, 15 accounting for physical and flow characteristics of the watercourse, by a 16 professional engineer registered in the State of Minnesota; and 17 (e) Detail of proposed site-specific erosion and sediment control 18 practices. 19 (fl Plan for maintenance of shoreline structure and shoreline 20 stabilization, if a long-term permit is desired as indicated under section 2 I 5.2. 22 5.7.3 A bioengineering application must contain the following: 23 (a) Site plan and project plans that detail the project setting in relation 24 to adjacent water body; 25 (b) Information sufficient to demonstrate ability of installation to 26 withstand wind fetch-induced waves and current, including orientation of 27 installation relative to fetch distance and current; 28 (c) Planting plan, planting list with species and planting density, and 29 specifications; 30 (d) Project timeframe and schedule, including any work contingencies 31 or restrictions due to high water; and 32 (e) Inspection and maintenance schedule to ensure project success. 33 (� Plan for maintenance of bioengineering shoreline stabilization, if a 34 long-term permit is desired as indicated under section 5.2. 35 5.7.4 A variance application for retaining wall installation must contain a 36 analysis of alternative solutions in addition to the structural/geotechnical analysis 37 prepared by a professional engineer, practicing in civil engineering and 38 registered in the State of Minnesota, showing that the design conforms to 39 accepted engineering principles and will withstand expected ice and wave action 40 and earth pressures. Recording the location of the retaining wall on the title of 41 the property is required. Submittal of a plan for maintenance of the retaining wall 42 is required. 43 5.7.5 A sandblanket application must contain the following: Carnelian-Marine-St. Croix Watershed District Paqe 35 Rules 3`d Review Draft December 1, 2009 1 (a) Site plan showing property lines, delineation of the work area, 2 existing elevation contours of the adjacent upland area, delineation of 3 wetland within the project area, ordinary high water elevation, and 4 regional flood elevation (if available), with all elevations reduced to 5 National Geodetic Vertical Datum (NGVD) (1929 datum); 6 (b) Profile, cross-sections and topographic contours (intervals no 7 more than two feet) showing existing and proposed elevations and 8 proposed side slopes in the work area; and 9 (c) Planting plan and site plan indicating area to be maintained in 10 native shoreline plants. 1 1 5.8 Exceptions. A permit is not required for removal of an ice ridge resulting from ice 12 action within the last year if: l 3 (a) Not more than 200 feet of shoreline is affected; 14 (b) All ice ridge material that is composed of muck, clay or organic sediment 15 is deposited and stabilized at an upland site above the OHWL; 16 (c) All ice ridge material that is composed of sand or gravel is removed as l7 provided above or graded to conform to the original cross-section and alignment 18 of the lakebed, with a finished surface at or below the OHWL; 19 (d) No additional excavation or replacement fill material occurs on the site; 20 (e) All exposed areas are immediately stabilized as needed to prevent 21 erosion and sedimentation; and 22 (fl At least seven days notice is provided to the District. 23 5.9 Guidelines. The engineer shall publish or make available to interested persons a 24 typical riprap cross-section for shoreline protection in compliance with this Rule. 25 5.10 Other Shoreline Improvements. Shoreline improvements not specifically 26 addressed by Rule 5.0 shall comply with accepted engineering principles. 27 Carnelian-Marine-St. Croix Watershed District Paqe 36 Rules 3`d Review Draft December 1, 2009 1 6.0 WATERCOURSE AND BASIN CROSSINGS 2 6.1 Policy. It is the policy of the District to discourage the use of lake beds and beds of 3 waterbodies for the placement of roads, highways, and utilities. This policy is intended 4 to avert the transport of pollutants into the waterbody, minimize flood damage, and limit 5 disturbance of the lake or streambed. 6 6.2 Regulation. No person shall use the beds of any waterbody within the District for 7 agricultural activity or for the placement of roads, highways and utilities without first 8 securing a permit from the District. Watercourse and basin crossing activities may also 9 require a permit under Rule 7.0. 10 6.3 Criteria. Use of the bed shall: 1 1 6.3.1 Meet a demonstrated public benefit; 12 6.3.2 Retain adequate hydraulic capacity; 13 6.3.3 Retain adequate recreational navigation capacity; 14 6.3.4 Not adversely affect water quality; I S 6.3.5 Represent the "minimal impact" solution to a specific need with respect to 16 all other reasonable alternatives; and 17 6.3.6 Maintain the natural substrate of the stream bed. 18 6.4 Required Exhibits. The following exhibits shall accompany the permit application 19 (one set - full size; one set - reduced to maximum size of 11"x17"): 20 6.4.1 Construction plans and specifications; 21 6.4.2 Analysis prepared by a professional engineer or qualified hydrologist 22 showing the effect of the project on hydraulic capacity and water quality; 23 6.4.3 An erosion control plan; and 24 6.4.4 A restoration and mitigation plan. 25 6.5 Maintenance. An instrument stating terms for maintenance of hydraulic and 26 navigational capacity and approved by the District shall be recorded in the office of the 27 county recorder or registrar before permit issuance. In place of recording, a public 28 permittee or a permittee without a property interest sufficient for recording may assume 29 the maintenance obligation by means of a written agreement with the District. The 30 agreement shall state that if the ownership of the structure is transferred, the owner shall 31 obtain agreement by the transferee to assume all duties and responsibilities of the 32 transferor, that the person's predecessor in interest. 33 Carnelian-Marine-St. Croix Watershed District Page 37 Rules 3`d Review Draft December 1, 2009 1 7.0 FLOODPLAIN AND DRAINAGE ALTERATIONS 2 7.1 Policy. It is the policy of the District to: 3 7.1.1 Promote the reasonable use of water resources, such that a landowner 4 may dispose of surface water only in a manner that does not unreasonably 5 burden downstream landowners; 6 7.1.2 Preserve existing water storage capacity in the 100-year floodplain of all 7 waterbodies and wetlands in the watershed to minimize the frequency and 8 severity of high water; 9 7.1.3 Promote land development that protects property investments by 10 managing development within and adjacent to the 100-year floodplain; and l 1 7.1.4 Preserve the natural hydrology of landlocked basins to minimize flooding 12 risks to structures and ecological impacts within or downgradient of those basins. 13 7.2 Regulation. No person shall complete a subdivision of land or alter or fill land below 14 the 100-year flood elevation of any waterbody, wetland, or stormwater management l5 basin, or place fill below the 100-year flood elevation of a landlocked basin, without first 16 obtaining a permit from the District. No person shall alter stormwater flows at a property 17 boundary by changing land contours, diverting or obstructing surface or channel flow, or 18 creating a basin outlet, without first obtaining a permit from the District. 19 7.3 Criteria for Floodplain or Drainage Alterations. 20 7.3.1 Floodplain filling must be accompanied by a replacement of floodplain 21 storage volume between the ordinary water level and the 100 year flood 22 elevation except for bioengineering and riprap projects permitted under Rule 5.0. 23 The floodplain mitigation area shall be calculated by a professional engineer 24 registered in the State of Minnesota or by a qualified hydrologist. 25 7.3.2 The construction of a stormwater basin or open stormwater conveyance, 26 and of any residential, commercial, industrial or institutional building, shall 27 maintain: 28 (a) A separation of at least two feet between the lowest basement 29 floor elevation and the 100 year high water elevation; and 30 (b) A separation of at least one foot between the lowest basement 31 floor elevation and an emergency overflow. 32 7.3.3 Within a landlocked basin, the separation cited in paragraph 7.3.2(a), 33 above, shall be at least three feet, unless the building is at least one foot above 34 the basin overflow. 35 7.3.4 The separation required by sub-sections 7.3.2 and 7.3.3 may be 36 measured to the lowest grade elevation in contact with the structure rather than 37 the lowest basement floor elevation if the following criteria are met: 38 (a) Geologic mapping and all available data sources indicate the 39 adjacent waterbody is not a surface expression of a regional water table 40 but is a perched groundwater system; 41 (b) The basement floor elevation will be four (4) feet above the 42 currently observed ground water elevations in the area as demonstrated Carnelian-Marine-St. Croix Watershed District Page 38 Rules 3`d Review Draft December 1, 2009 1 by two borings or observation wells located between each structure and 2 the waterbody or basin; and 3 (c) The basement floor elevation will be two (2) feet above the 4 elevation of any known historic high groundwater elevation for the area. 5 7.3.5 The District will issue a permit to alter surface flows under section 7.2, 6 above, only on a finding that the alteration will not have an unreasonable impact 7 on an upstream or downstream landowner and will not adversely affect flood risk, 8 basin or channel stability, groundwater hydrology, stream baseflow, water quality 9 or aquatic or riparian habitat. k .� �i tY.,;. t t Carnelian-Marine-St. Croix Watershed District Paqe 39 Rules 3`d Review Draft December 1,2009 1 8.0 WETLAND MANAGEMENT 2 8.1 Purposes and Policy. it is the policy of the District to: 3 8.1.1 Protect and improve the functions and diversity of the DistricYs wetlands 4 and lay the groundwork to improve these resources. 5 8.1.2 Educate property owners and the community on the value of water 6 resources. 7 8.1.3 Limit altering the natural water levels of wetland basins. 8 8.1.4 Protect buffer strips of vegetation around wetlands as effective 9 management tools for protecting wetland systems. Vegetated buffers provide 10 cover and nesting habitat for wildlife, reduce erosion into the wetland, provide 11 vegetative diversity, and reduce the amount of pollutants in runoff prior to 12 discharge into a wetland. 13 8.2 Applicability. The requirements of Rule 8.0 apply to all activities regulated by the 14 Wetland Conservation Act (WCA) and activities regulated by the District Wetland I S Management Plan in a municipality where the District Wetland Management Plan l6 standards are not adopted and implemented by one year after approval of the District 17 Wetland Management Plan unless an exception in section 8.10 applies. Municipalities 18 may have incorporated the standards of Rule 8.0 and the District Wetland Management (9 Plan into local ordinances; in this case, local ordinances apply and Rule 8.0 does not 20 apply. 21 8.2.1 WCA Requlated Activities. Draining or filling of wetlands, wholly or 22 partially, and excavation in the permanently and semipermanently flooded areas 23 of type 3, 4, or 5 wetlands, and in all wetland types if the excavation results in 24 filling, draining, or conversion to nonwetland. 25 8.2.2 District Wetland Manaqement Plan Regulated Activities: 26 (a) Excavation in all Management Category (1 through 4) wetlands. 27 (b) Alteration of existing upland buffer associated with other activities 28 regulated under this Rule. 29 (c) New livestock access is not allowed in Management Categories 1, 30 2, and 3 wetlands. 31 (d) Any type of water appropriation and/or dewatering practice is not 32 allowed in Management Categories 1, 2, or 3. 33 8.3 Regulation. Before any activity described in section 8.2 commences, a wetland 34 management plan shall be submitted to the District in conformity with the requirements 35 of this Rule, and a permit shall be secured from the District. 36 8.4 Wetland Delineations. 37 8.4.1 Delineation Method. Wetland Delineations must be performed according 38 to the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation 39 Manual and corresponding U.S. Army Corps of Engineers (USACE) and Board of 40 Water and Soil Resources (BWSR) guidance. Applicants are encouraged to 41 consult with the LGU prior to the wetland delineation, especially in atypical 42 situations, problem areas, and/or delineations based on inconclusive hydrology. 43 It is incumbent upon the applicant to provide satisfactory documentation to Carnelian-Marine-St. Croix Watershed District Page 40 Rules 3'd Review Draft December 1, 2009 1 support wetland boundaries, and that level of documentation is generally greater 2 in atypical situations and/or seasonal wetlands, particularly relating to hydrology. 3 The LGU will have final say as to the appropriate level of documentation. 4 8.4.2 Delineation Submittal Timin4. Delineations must be submitted to the LGU 5 with ample growing season remaining for review. This decision is at the 6 discretion of the LGU, and could mean that submittals less than 60 days prior to 7 the end of growing season may be deemed incomplete until the following year's 8 growing season. Delineation reports submitted prior to the growing season will 9 be considered complete at the start of the growing season, and the 60 day 10 review process will begin at the start of the growing season. 1 1 8.4.3 Growing Season. For the purposes of this section, the growing season 12 generally starts on May 15 and ends on October 15; however the final decision l3 for these dates is at the discretion of the LGU. 14 8.5 Wetland Impact Avoidance, Minimization 8 Replacement. I S 8.5.1 Impact Sequencin� Impacts to existing wetland areas must meet the 16 sequencing requirements as outlined under Minnesota Rules 8420.0520 l7 "Sequencing." In addition, applicants must adequately explain and justify each 18 individual contiguous wetland alteration area in terms of impact avoidance and 19 minimization alternatives considered. 20 8.5.2 De minimis. This exemption as set forth in Minnesota Rules 8420.0420 21 Subp. 8, is incorporated as part of this Rule with the following amendment: 22 (a) The maximum de minimis for District Wetland Management 23 Category 1 and 2 wetlands, regardless of impact location, is 20 square feet. 24 8.5.3 Location of Replacement. Replacement must be located within the 25 District and as close as possible to the site of impact. Qualifying township, city, 26 or county road impacts may be mitigated outside the District via the BWSR road 27 replacement bank up to the ratios required by WCA. However, the balance of 28 replacement required by sub-section 8.5.4 must be located within the District 29 8.5.4 Replacement Ratios. Full replacement of all wetland functions is required 30 at the following ratios (new wetland area:impacted wetland area): 31 (a) 6:1 for impacts to wetlands in Management Category 1 32 (b) 4:1 for impacts to wetlands in Management Category 2 33 (c) 3:1 for impacts to wetlands in Management Category 3 34 (d) 2:1 or minimum required by Minnesota Rules 8420.0522, 35 whichever is greater for impacts to wetlands in Management 36 Category 4 37 When wetland is impacted and replaced, the impacted existing upland buffer 38 area must also be replaced via buffer establishment or by payment into the 39 Restoration Fund at a 1:1 ratio if buffer establishment is not reasonably available. 40 8.5.5 Eliqible Replacement Activities & Priorities. The following activities, listed 41 in order of priority, are eligible for replacement credit. Applicant must first 42 consider replacement of unavoidable impacts by restoring or, if wetland 43 restoration opportunities are not reasonably available, creating replacement 44 wetland areas having equal or greater function. Restoration and creation Carnelian-Marine-St. Croix Watershed District Paqe 41 Rules 3�d Review Draft December 1, 2009 I activities eligible for replacement credit include those detailed in Minnesota Rules 2 8420.0526 and listed (as prioritized per District local values) below: 3 (a) Protection of wetlands previously restored via conservation 4 easements 5 (b) Restoration and protection of exceptional natural resource value 6 (c) Restoration of completely drained or filled wetland areas 7 (d) Restoration of partially drained or filled wetland areas 8 (e) Upland buffer areas (established or preserved) 9 (fl Vegetative restoration of farmed wetlands 10 (g) Wetland creations 11 If the above activities are not reasonably available to satisfy the entire 12 replacement required by sub-section 8.5.4, the following additional activities, 13 where they protect or improve the functions of wetlands shall be considered for 14 replacement that exceeds the minimum replacement required by WCA: I S (a) Specified activities from the Spring Creek Corridor & Lower St. Croix 16 River Stewardship Plans, CMWD Natural Resource Inventory, and 17 MWMO Natural Resource Inventory 18 (b) Protection and restoration of Groundwater Dependent Natural 19 Resource recharge areas 20 (c) Protection of high quality upland 21 (d) Protection of landlocked basins 22 (e) Protection and restoration of corridor connections 23 Those activities preserving wetland functions are eligible for 25% replacement 24 credit on an area basis. Those activities restoring and preserving wetland 25 functions are eligible for 50% replacement credit on an area basis. 26 If all above activities have been explored but are not reasonably available to 27 meet, in full or in part, the replacement required by sub-section 8.5.4, applicants 28 must make payment into the Restoration Fund. 29 8.5.6 Restoration Fund. Landowners needing to replace wetland impacts that 30 have exhausted exploration of the replacement credit activities of sub-section 31 8.5.5, may make a payment into the Restoration Fund to meet in full or part the 32 replacement required by sub-section 8.5.4. The Restoration Fund payment rate 33 is determined and set by the Board of Managers by formal resolution. 34 Contributions to the Restoration Fund will be paid to, administered by, and held 35 by the District, and will be used by the District for wetland restoration activities 36 and other natural resource improvements that would restore, protect, and/or 37 improve wetland function. Administration of the Restoration Fund is detailed in 38 the DistricYs Plan. 39 8.6 Buffer Standards. 40 8.6.1 Buffer Widths. Buffers are required around all preserved and 41 replacement wetlands, with the average and minimum widths summarized in 42 Appendix 8.1 or as required by WCA, whichever is greater. Carnelian-Marine-St. Croix Watershed District Page 42 Rules 3'd Review Draft December 1, 2009 1 8.6.2 Buffer Creation. Wetland may not be filled for the purpose of buffer 2 creation. 3 8.6.3 Buffer Delineation. A buffer shall be indicated by permanent markers at 4 the buffer's upland edge, with a design and text approved by District staff in 5 writing. 6 8.6.4 Recreation Standards. Existing trails used for landowner access to 7 wetlands are allowed to remain, unless the trail occurs along a drainage swale. 8 Existing trails not along a drainage swale, but in an open field, may be mowed for 9 walking. Continued use of existing trails shall not result in erosion, soil removal, 10 or vegetation removal. l 1 8.7 Required Exhibits. The following items, submitted in duplicate, shall accompany all 12 permit applications submitted to the District pursuant to Rule 8.0: 13 8.7.1 Wetland Delineation report prepared in accordance with section 8.4. ' 14 8.7.2 Site Plan showing: 1 S (a) Property lines and corners and delineation of lands under 16 ownership of the applicant. 17 (b) Location of all onsite and adjacent wetlands and water features, 18 including the Management Category for each wetland according to the 19 District Wetland Management Plan. 20 (c) Existing and proposed elevation contours, including the existing 21 overflow elevation and flow capacity of the wetland outlet, and spoil 22 disposal areas. 23 (d) Area of existing wetland and upland buffer to be filled, drained, 24 excavated, or otherwise altered. 25 (e) Location of all proposed wetland buffers and wetland replacement. 26 8.7.3 Wetland Assessment data for each wetland according to the District 27 Wetland Management Plan. If these data do not exist, then a Functions and 28 Values Assessment is required according to the protocol described in the District 29 Wetland Management Plan. 30 8.7.4 Detailed explanation of the wetland buffer quality and buffer plans. 31 8.7.5 Replacement Plan, if required, outlining the steps followed for the 32 sequencing process and including documentation supporting the proposed 33 replacement plan. 34 8.7.6 Erosion Control Plan. 35 8.7.7 Detail plan for proposed replacement activities. 36 8.7.8 Detailed monitoring plan for proposed replacement activities. 37 8.8 Exceptions. 38 8.8.1 Normal maintenance of stormwater ponds, existing ditches and channels 39 is exempt from the requirements of sub-section 8.5.4 if the maintenance activity 40 meets the criteria of No Loss, per Minnesota Rules 8420.0415. Carnelian-Marine-St. Croix Watershed District Paqe 43 Rules 3`d Review Draft December 1, 2009 1 8.8.2 State roads and highways are exempt from Rule 8.0, however, the District 2 strongly encourages MnDOT to comply with the conditions and intent of the 3 District Wetland Management Plan. 4 8.8.3 Excavation in a Management Category 4 wetland may be allowed if the 5 activity meets the criteria of No Loss, per Minnesota Rules 8420.0415. 6 8.8.4 Existing livestock access may continue as livestock access to the 7 wetland, and new livestock access to a Management Category 4 wetland is 8 allowed so long as the function, value, and quality of the wetland are not 9 degraded. 10 8.8.5 A variance for temporary dewatering impacts may be permitted if all other 11 options have been exhausted. 12 l3 Appendix 8.1 14 Summar of Minimum Buffer Standards Wetland Average Buffer Width Minimum Buffer Width Management Category (feet) (feet) 1 100 100 2 75 50 3 50 25 4 50 25 Carnelian-Marine-St Croix Watershed District Paqe 44 Rules 3�d Review Draft December 1, 2009 l 9.0 VARIANCES 2 9.1 Variances Authorized. The Board of Managers may hear requests for variances 3 from the provisions of these Rules in instances where their strict enforcement would 4 cause undue hardship because of circumstances unique to the property under 5 consideration. The Board of Managers may grant variances where it is demonstrated 6 that such action will be in keeping with the spirit and intent of these Rules. A variance 7 shall contain conditions to prevent or mitigate adverse impacts from the activity. 8 9.2 Standard. In order to grant a variance, the Board of Managers shall determine that 9 the special conditions that apply to the structure or land in question do not apply 10 generally to other land or structures in the District, that the granting of the variance will 11 not merely serve as a convenience to the applicant, and that the variance will not impair 12 or be contrary to the intent of these Rules. A hardship cannot be created by the 13 landowner, the landowner's agent or representative, or a contractor, and must be unique 14 to the property. Economic hardship alone is not grounds for issuing a variance. 15 9.3 Term. A variance shall become void one year after it is granted if the activity 16 requiring a variance is not initiated during that period, unless the Board grants an 17 extension of the variance. After the action requiring a variance is complete, the variance 18 applies to the completed action in perpetuity. 19 9.4 Violation. A violation of any condition set forth in a variance shall be a violation of 20 the DistricYs Rules and shall automatically terminate the variance. 21 9.5 Procedures. Procedures are as identified under Rule 1.0. 22 23 Carnelian-Marine-St. Croix Watershed District Page 45 Rules 3�d Review Draft December 1, 2009 1 10.0 ENFORCEMENT 2 10.1 Violation of Rules a Misdemeanor. Violation of these Rules, a stipulation 3 agreement made, an order or a permit issued by the Board of Managers pursuant to 4 these Rules is a misdemeanor. 5 10.2 District Court Action. The Board of Managers may exercise all powers conferred 6 upon it by Minnesota Statutes Chapter 103D in enforcing these Rules, including criminal 7 prosecution, injunction, action to compel performance, restoration, abatement, or other 8 appropriate action. 9 10.3 Administrative Order. The District may issue a cease and desist order when it 10 finds that a proposed or initiated project presents a serious threat of flooding, soil 1 1 erosion, sedimentation, or adverse effect on water quality or otherwise violates any Rule 12 of the District. 13 Carnelian-Marine-St. Croix Watershed District Page 46 Rules 3� Review Draft December 1, 2009 � -�� , � ��=��:.������� :!.rs Ey -� � ;�;: s� January 15, 2009 . :��; To: Jim Shaver, CMSC WD C►TY p� cCAf4'�l,e, From: Bill Voedisch, May Township Re: WD Rules, 3�d Review Draft—Comments (via EMAIL, paper copy to follow) Dear Jim, What follows are my comments on the 3rd draft of the proposed WD rules. Stormwater management Although there has been some relief in the"applicability"triggers, they still strike me as over-reaching in places. It not just the"Rule 2.0 Permit Required,"it's the need for many individual homeowners to pay an engineer and contractor to create and implement a Storm Water Management Plan. 1. For a single family home building project and a land disturbance of 5,000 sa feet that results in impervious surface, the required creation (by an engineer) and implementation (by the engineer and contractor) of a stormwater management plan will now fall on the shoulders of that home owner if it is within 1,000 feet of public water or tributary thereof. This is a hu�e amount of land. Has the district done any estimates as to what the homeowner will be forced to go through in terms of effort, money and time, to abide by this requirement? Was a cost(to the owner)/benefit analysis done as this rule was considered? 2. For projects "reauirin�variance from impervious surface or structure setback requirements" in shoreland or river district lands will likely include the majority of existing homes within those districts, and this rule will kick in even for projects where no land disturbance is done. Is it really the district's desire that most home remodeling projects in the overlay districts trigger the onerous stormwater rules? This part of Rule 2.0 will sweep up many, if not most, of the home and garage addition projects in the overlay districts. Erosion and sediment control It's possible that some new home construction projects can be done with under 1 acre land disturbance, but when you couple that project with a new driveway, an acre of disturbed land can easily be exceeded. It is hoped that the WD will allow the homeowner the same leeway that May Township ordinances offers, that is, allow the staging of the project so that not mare than 1 acre at a time is disturbed. This would allow the driveway to be built and stabilized (seeded and mulched) to the satisfaction of the District, and that the house part of the project could then commence, all without the erosion and sediment control standards being laid upon the owner. An acre disturbed sounds like a lot, except in the rural areas where we have a 10 acre average lot size and no protected waters are in sight. Buffer Requirements Again the "subject to variance" requirement will throw many home and garage addition projects in the overlay districts into this rule. Floodplain & drainage alterations The concern here is treating land-locked basins the same as a protected water body. Jim, you have been to our farm and whether you know it our not, about 300 feet of our driveway goes through a land-locked basin, and I would guess that perhaps 100 feet of the driveway is in the 100-year flood elevation of that basin. Further, this is the only location the driveway could have gone. If I understand the rules, not only would I need a WD permit to do this, but I would have to dig a retention pond to add as much holding capacity to the basin as my driveway took up. Frankly, this is nonsense and I'm being as kind as I know how to be here. Land locked basins are the predominant feature out here. Obviously compared to the first draft of the rules, the WD has made strides in shaping rules that are more fair, and that people can actually live with. But the above list, although relatively short, documents some key areas where I believe the rules do not fit the reality of much of northeast Washington County, are still over-reaching, and may lack fairness in these areas. The number of permits that you will be issuing, and the number of associated mitigation plans that will be required, I predict will go well beyond what is necessary to protect the resources we have. The balance we all sought, between resource protection and individual rights, is still elusive in these key areas. Cc: Anne Hurlburt, City of Scandia Jyneen Thatcher, Washington CD May Town Board