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8.f)1) Comments of Proposed Carnelian-Marine-St. Croix Watershed District Rules Meeting Date: 3/18/2008 Agenda Item: g` �� � City Council Agenda Report City of Scandia 14727 209�'St. North Scandia, MN 55073 (651)433-2274 Action Requested: Review comments on Carnelian-Marine-St. Croix Watershed District (CMSCWD)rules. Deadline/Timeline: Written comments are requested by March 27,2008. Background: • The CMSCWD Boazd will hold a public hearing on the proposed rules on Apri17,2008. • The district's current rules were adopted in 1982. A comparison of the proposed and the current rules would be very difficult, as the new rules are much more comprehensive and detailed. • The district began the process of updating its rules in April of 2007. The process included a citizen's advisory committee(CAC)and a technical advisory committee(TAC)which began meeting last August. Revisions were made in response to many of the comments made during the review process. • Staff has noted the following concerns with the proposed rules: Page, Lines: Comment: 5,42- Sec.0.0,Definitions. As recommended,a definition of"subdivision" 43 has been added. However,the deSnition is overly broad and would appear to 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. 9,28 Sec. 1.10. The phrase"If the permit is acted upon"should be changed to"If work is commenced." 10,20- Section 2.2,Applicability of Stormwater Rules. During the TAC 39 meetings there was considerable discussion of the thresholds for the applicability of this section. The rule would apply to all residential subdivisions(with exceptions, discussed later); any project covering more than one acre or 5%of a Page 1 of 4 03/14/08 . } site area with impervious surface,wluchever is less;land disturbance of 5,000 sq.ft.or more within the surface water contributing area of a groundwater-dependent natural resource or within a shoreland overlay district;mining operations; and any project requiring a variance form the applicable shoreland ordinance relating to structure setback from the property line adjacent to the resource or impervious surface percentage. These thresholds are low. For example,5%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. I would suggest that this language be changed to one acre or 5%of a site area,whichever is more. The threshold of 5,000 sq. ft.of land disturbance is also sma11, ensuring that almost any new home within a shoreland overlay district will require a stormwater permit. This is much less onerous than the rule as originally proposed(250 sq.ft.)but it will still be a significant burden on the landowner. One acre of impervious surface is a common threshold in other watersheds. It appears that certain projects may be required to comply with this rule and obtain a watershed permit 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 home,provided that it complies with permit issued for the subdivision. 11,47- Section 2.4.4,Redevelopment. This language modifies the 51 applicability language in Section 2.2,and should be moved to that section in order to provide a clear description of when the rule applies. 16, 18- Section 2.7.6,Residential Subdivision(exceptions to stormwater 22 rule.) This language appears 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 certain small subdivisions from some of the management standards. However,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 that some standards do not apply to certain residential subdivisions with less than 10%impervious. However, Sec.2.2(b) effectively takes away that exception if there is 5%or more impervious. The exception language also contains an unnecessary reference to Sec. 7.0,which may be confusing to the reader. I would recommend that section 2.2(a),"Residential subdivision"be Page 2 of 4 03/14/08 removed,and the exception language in 2.7.6 also be deleted. The other five criteria would determine which subdivisions fall under the stormwater management rule. This would eliminate confusion and conflicts in the rules. 18, 1-4 Section 3.1 sets the thresholds for erosion control pennits at 50 cubic yards of grading,or excavating or disturbance of 5,000 sq. ft. or more of land area. This is an improvement from the initial draft of the rules,which would have required a permit for 250 sq, ft.of land disturbance. This threshold 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 home. 20,24- Section 4.0,Applicability of Lake,River Stream and Wetland Buffer 34 Requirements. The rule will require establishment of buffers on all and public waters and wetlands,when land is subdivided or subject to a 21,3-8 variance for structure setback or impervious surface percentage after the new rules are adopted. The buffer widths are greater,and the applicability of the buffer requirement is significantly greater,than what is now required in Scandia. Cunently,buffers are required only on Natiu�al 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. Buffers ranging from 30 to 100 fe�t are required on all wetlands,whether or not they aze in the Shoreland Overlay District. While the buffer widths may be reasonable based on the need to protect the water resources,the new rule could be seen as significant expansion of the requirements and restrictions on landowners. On the other hand,the rule is similaz to what the district has been requesting based on their policies,although not cunently in their rules. The Council may or may not wish to comment on this expanded regulation. 22,1-9 Section 4.4.2,buffer monuments.The rules provide for two options; flush to the ground 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 azound 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 20 zone perinitted is smaller than currently allowed by Scandia's shoreland regulations(30 versus 50 feet.) As with the buffer widths, this rule is similar to what the district has been requiring based on their policies,although not currently in their rules. The Council may or may not wish to comment. 31-35 Wetland Management. Because Scandia is the LGU for the Wetland Conservation Act,the proposed rules for wetland management will NOT apply in Scandia,IF within one year after approval of the Page 3 of 4 03/14/08 CMSCWD Wetland Management Plan the city adopts and implements the standards of the plan. The plan is currently under review by BWSR,and the year deadline will be sometime in the spring of 2009. This will require that the city update its own wetland regulations and take a look at how wetland management will be coordinated with the district. 37, 7- Sureties. The district will require sureties in the form of a letter of 23 credit,cash or performance bond. They may wish to consider eliminating the performance bond as an option. Most cities have ceased accepting performance bonds due to the difficulty of making a claim. • In addition to these specific comments on the rules document,the Council may also wish to make a general comment about administration and enforcement of the rules. The city is usually the first point of contact for property owners planning any type of construction project. We have overlapping regulations and responsibilities 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 will be a challenge. There will be opportunities to work together to reduce the time and expense for landowners and for the public. At some point,it may be desirable to develop a"memorandum of understanding" to better define how we will work together. Recommendation: A draft letter incorporating the comments noted above has been prepared for the Council's review. You may wish to add or subtract from tlus letter before approving it to be sent to the CMSCWD.You may also consider whether or not a representative of the city should attend the public hearing to deliver the comments in person. Attachments/ • Draft letter to CMSCWD Materials provided: . Draft Rules Contact(s): Jim Shaver, CMSCWD Administrator 651 433-2150 Prepared by: Anne Hurlburt,Administrator (CMSCWD RULES) Page 4 of 4 03/14/08 March 19, 2008 Jim Shaver, Administrator � Carnelian-Marine-St. Croix Watershed District � 21150 Ozark Ave.N., PO Box 188 `°� �\ Scandia, Minnesota 55073 � t� � ��� - � _ Dear Mr. Shaver: . ' ``�/ � . � Thank you for the opportunity to comment on the propos�d Carnelian-Marine-St. Croix Watershed District(CMSCWD)rules. P�lease shaze these c.�omments from the City of Scandia with the Board at the Apri17, 2008 publia`�i�ea:ri�g. y\ _< 4�h^,:•a. � In addition to the comments on specific sechons o�tiie ru�es,liste�'elow, Scandia has a general comment about administration and enforcement o�e ru�`les. ��'city is usually the first point of contact for property owners�l��a�ri►i�g any type b�fconstructio�tri project. We have overlapping , ,_ regulations and respo �'i�ilities�` �r�any of the same activities covered by the rules. Coordinating the wa�l�ed's pro' ,; es with the�cit,yls process for development reviews and building perniits will be �lnallen es There will be�,opportunities to work together to reduce the time and expense for lando a�td �tt��ptib.��. At some point, it may be desirable to develop a"zne�ino�andum of� �tandin� �#�etter define how we will work together. � �� �' � �`� , Pa e,� }.va , � Lines: \.Ci�mment: � 5,42- S�c 0,0,Defuutio� The definition of"subdivision"is overly broad and would appeat to 43 a 1��o.land divisions that do not fall under munici al subdivision authori pp y 4 p h'(see Mn. Stat. Sec.4�.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 differenf things to different municipalities so should be defined clearly if they are used. �- 9,28 Sec. 1.10. The phrase"If the permit is acted upon"should be changed to"If work is commenced." 10,20- Section 2.2,Applicability 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. March 19,2008 Page 2 of 3 Page, Lines: Comment: The threshold of 5,000 sq. ft.of land disturbance is also small,ensuring that almost any new home within a shoreland overlay district will require a stormwater permit. This is much less onerous than the rule as originally proposed(250 sq.ft.)but it will still be a significant burden on the landowner. One acre of impervious surface is a common threshold in other watersheds and should be considered. It appears that certain projects may be required to comply with thi's rule and obtain a watershed permit 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 home,provided that it complies with pe;tit i'�s`u�d for the subdivision. � �,. 11,47- Section 2.4.4,Redevelopment. This language m es�applica�bility language in Section � � . 51 2.2,and should be moved to that se�tion in order tc�pr �de a clear d�cnption of when the rule applies. �� `� , 16, 18- Section 2.7.6,Residential Subdivision(ex�cep' to sto ater nile.) This lauguage appears 22 to exempt certain subdivisions from several of th sr,���emen standards in�5ec.2.4. It needs to be read with the applicability language in Sec.2. t�be understood.The intent is to exempt certain small subdivisions from���of the managem -standards. However,if a subdivision meets auy of the other critena(s �►s�d disturbance o :c��e acre,or over 5,000 sq.feet in a shoreland area)the standards wuo� '�`'���1�The excep " `seem to conflict with the other criteria. For example: Sec. 2 �6 say �t� e stan �ds do not apply to certain residential subdivisions with less thax 10% ' "- '�i �. .•� ever, Sec. 2.2(b)effectively takes away that e�tipn if there is 5° :' :��iore imp 'cfus. The exception language also contains an unn�ecess reference to S '�.0,which y be confixsing to the reader. We recommend�tl3at section .3{a),"Residen �' subdivision"be removed,and the exception language�in�l�6�1so be eleted. The oth �criteria would determine which subdivisions fall under the stor�_vvat man�geme_nt rule ;"�his would eliminate confixsion and conflicts in the-rules:� , \ �-� � � 18, 1-4! Section 3 ets t}�e thresh ltis for erosion control pennits at 50 cubic yards of grading,or � excavating or d�sturbance o ,p�sq. ft.or more of land area. This is an improvement from the initial draft of�ie rules, , 'ch would have required a permit for 250 sq. ft.of land dist'urbance. This eshold is still fairly low,and could be made less onerous for property owners if an erosio -control plan could be approved at the subdivision level,rather than for each�i n vidual ho�ie. � �r,. \��� f, 20,24- Section 4.O�Applicability of Lake,River Stream and Wetland Buffer Requirements. The 34 buffer width�are greater,and the applicability of the buffer re�uirement is significantly and greater,than what is now required in Scandia. C�urently,buffers are required only on Natural 21,3-8 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. Buffers ranging&om 30 to 100 feet are required on all wetlands,whether or not they are in the Shoreland Overlay District. While the buffer widths may be reasonable based on the need to protect the water resources,the new rule cauld be seen as significant expansion of the requirements and restrictions on landowners. On the other hand,the rule is similar to what the district has been requesting based on their policies, although not cunently in their rules. The Council may or may not wish to conzment on this March 19,2008 Page 3 of 3 Page, Lines: Comment: expanded regulation. 22,1-9 Section 4.4.2,buffer monuments.The rules provide for two options; flush to the ground or post markers. Post markers have some benefits for education and enforcement. It is easier to detemune 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. 24, 19- Section 4.9.2,access zones to wetlands or water bodies. The acicess`zone permitted is smaller 20 than currently allowed by Scandia's shoreland regulations��versus 50 feet.) As with the buffer widths,this rule is similar to what the district has,b��een g based on their policies, although not currently in their rules. The Council may�may�h to comment. , � ,. 37,7- Sureties. The district will require sureties in th��orm of a letter of cr "" cash or performance 23 bond. They may wish to consider eliminatmg the performance bond as i�ption. Most cities have ceased accepting performance bonds di�e:to the dif$ ulty of maldng a 'lgua�� � �,,� � �. Please contact me at 651 433-2274, or b�y e-mail at a.hurlb�irtna,ci.scandia.mn.us if you have any questions about these comments. �' � Sincerely, � �` ' � ,� . -� � ', _ � � Anne Hurlburt ���`� �;--� � City Admuu fi��r :. . � � � - �`` , , ./. ;. � EAAMONS & OLIVIER _ TRESO� February 11, 2008 Anne Hurlburt I�E C E IVE D City of Scandia 14727 209th St.N. F.�� 7 2 2�0$ Scandia, MN 55073 CITY OF SCANDIA Dear Anne: The Carnelian-Marine St. Croix Watershed District (CMSCWD) submits the attached proposed Rules for your review and comment. Minnesota Sta.tute 103D.341 requires that Watershed District Rules are submitted for comment to the Board of Water and Soil Resources and public transportation authorities within the District. The District is also submitting the Rules for comment by additional groups who may be interested in the proposed Rules. The CMSCWD began the process of updating its Rules in April, 2007. The rule revision process included a series of Technical Advisory Committee and Citizen Advisory Committee meetings and numerous Board workshops to define the scope and content of the rules. Please provide written comment by March 27, 2008. The District expects to hold a public hearing on the proposed Rules at its Apri17th Board Meeting. If you have questions, please contact me at 651-770-8448 or Jim Shaver, District Administrator, at 651-433-2150. Sincerely, c � � / '; . � Lisa Tilman Water Resources Engineer Making A Diffe�ence Through Integrated Resource Management EOR, INC.• 651 Hale Avenue North• Oakdale, MN 55128• Tel; (651) 770-8448• Fax: (651) 770-255Z l 2 Carnelian-Marine-St. Croix 3 Watershed District 4 5 6 � � u es g 9 1 TABLE OF CONTENTS 2 3 0.0 DEFINITIONS.............................................................................................................. 1 4 1.0 PROCEDURAL REQUIREMENTS............................................................................ 8 5 2.0 STORMWATER MANAGEMENT............................................................................. 9 6 3.0 EROSION CONTROL............................................................................................... 17 7 4.0 LAKE, RIVER, STREAM AND WETLAND BUFFER REQUIREMENTS...........20 8 5.0 SHORELINE& STREAMBANK ALTERATIONS................................................. 25 9 6.0 WATERCOURSE AND BASIN CROSSINGS......................................................... 29 10 7.0 FLOODPLAIN AND DRAINAGE ALTERATIONS ............................................... 30 11 8.0 WETLAND MANAGEMENT.................................................:................................. 31 12 9.0 FEES........................................................................................................................... 35 13 10.0 SURETIES.............................................................................:;................................. 37 14 11.0 VARIANCES..................................................... . ..........:... ......................... 38 15 12.0 ENFORCEMENT...................................................:......:.......................................... 38 16 17 18 INTRODUCTION 19 The Carnelian-Marine-St. Croix Watershed District Administrator is available to assist 20 permit applicants. The District Administrator will work with local governments and 21 Washington County to coordinate permit ''review and administration. A technical 22 guidance document will be available from the Districi to assist applicants with design of 23 features required under these Rules. Cancept`plans can also be submitted for initial 24 review by the District to i�entify the specific standards and key resources that would 25 apply for a specific project. The District Administrator can be contacted as follows: 26 27 Jim Shaver, District Administratax 28 Carnelian-Marine-St. Croix Watershed Disfrict 29 21150 Ozark Ave. 30 P.O. Box 188 31 Scandi'a, MN 55073 32 (651)433=2150 33 jimshaver�croscwd.or�: 34 Carnelian-Marine-St. Croix Watershed District Page i Rules 1 0.0 DEFINITIONS 2 3 "Agricultural activity" means the use of land for the production of agronomic, horticultural 4 or silvicultural crops, including nursery stock, sod, fruits, vegetables, flowers, 5 forages, cover crops, grains, hay fields, aquatic plants, and Christmas trees. 6 Agricultural activity also includes grazing and pasture of livestock such as horses, 7 cattle, sheep and others and the raising of fish and minnows. 8 9 "Basement" means any area of a structure, including crawl spaces, having its floor or 10 base below ground level on all four sides, regardless of the depth of the excavation 11 below ground level. 12 13 "Best Management Practices (BMPs)" means measures taker� to control impacts from 14 stormwater runoff on the receiving water or groundwater. BIVIP specifications for 15 design and construction follow, in order of priority, the Minnesota Stormwater Manual 16 (MPCA, 2005); Protecting Water Quality in Urban Areas (MPCA, 2000); and 17 Minnesota Construction Site Erosion and Sediment Control Planning Handbook 18 (BWSR, 1988); as such documents may be amended, revised or supplemented. 19 20 °Better Site Design practices" means development design oriented to conserve natural 21 areas, limit hard cover, use natural pervious areas and integrate stormwater 22 management features to more effectively manage stormwater, runoff. 23 24 °Bioengineering" means the use of vegetation anii .organic and inorganic materials to 25 stabilize shorelines and streambanks. ° 26 27 "Biofiltration" means a series of biological and physical process that remove particles 28 from water. 29 30 "Bounce" means the difference in water surFace elevation befinreen the outlet or normal 31 water elevation and the peak water surface elevation followring a rainfall event. 32 33 "Buffe�"''rneans an upland area atljacent to a lake, stream or wetland that is maintained 34 in or restored to an acceptable diversity and density of native vegetation as 35 determined by the District. 36 37 "Dewatering" means the removal of water from an excavated or natural depression. 38 39 "Distributed CN-value approach" means an approach that assigns a curve number to 40 each land use to`'more accurately reflect volume and timing of site-generated runoff. 41 42 "District" means the Camelian-Marine-St. Croix Watershed District (CMSCWD). 43 44 "Drainageway" means a channel or swale with intermittent, periodic, or occasional flow. 45 46 °Facility" means any part of a natural or constructed system contributing under the 47 stormwater management plan to meeting a standard of section 2.4. 48 Carnelian-Marine-St. Croix Watershed District Pa4e 1 Rules 1 "Feasible" means technically achievable at a cost, in the District's determination, not 2 substantially disproportionate to the stormwater management benefit to be gained. 3 4 "Filtration" means a series of processes that physically removes particles from water. 5 6 "Floodplain" means the area adjoining a watercourse, or a natural or constructed water 7 basin, including the area around lakes, rivers, wetlands, stormwater ponds, 8 depressions, and intermittent and perennial streams, that is inundated by the 100- 9 year 24-hour rainfall event or, for landlocked basins and basins that have no active l0 outlet for the 100-year 24-hour rainfall event, the 100-year 10-day rainfall event. Il 12 "Groundwater-dependent natural resource" (GDNR) means a feature with surface 13 emergence of groundwater at a spring or seepage area,; sufficiently mineral rich to 14 support a plant community or aquatic ecosystem listed .in the Appendix to these 15 Definitions. A map of currently identified groundwater-dependent natural resources 16 is available from the District. The following lakes are excepted: Big Marine Lake, Big 17 Carnelian Lake, and Square Lake. 18 19 "Hot Spot" means a point source potential pollution generating land use such as gas 20 stations, chemical storage facilities, industrial, etc... 21 22 °Hydrologic Regime" means the seasonal pattern of wetland water level that is like a 23 hydrologic signature of each wetland,t�pe. It defines tkie rise and fall of a wetland's 24 surface and subsurFace water. Constancy of seasonal patterns from year to year 25 ensures a reasonable stability for the wetland. 26 27 "Impervious surtace" means a,surFace that has been compacted or covered with a layer 28 of material, or is likely to become compacted from expected use, so that it is highly 29 resistant to infiltration by water. 30 31 "Lake," within the District, means water bodies identified as "Public Waters" under 32 Minnesata:�t�tute 103G.U05, Subdivision 15. 33 34 "Land Disturbance" m�ans any, change of the land surface, including removing 35 vegefative cover, excavation, fill, grading, stock piling soil, and the construction of 36 any stFucture that may cause or contribute to erosion or the movement of sediment 37 into waterbodies. The use of land for new and continuing agricultural activity shall 38 not constitute a land-disturbing activity under these rules. 39 40 "Landlocked basin" means a basin or localized depression that does not have a natural 41 outlet at or below the water elevation of the 10-day runoff event with a 100-year 42 return frequency (7.2-inch runoff event), using the 2000 Washington County 43 Topographic Survey for the pre-event elevation. 44 45 "Lowest Floor Elevation" means the lowest floor of the lowest enclosed area including 46 basement. An unfinished or flood resistant enclosure, used solely for parking of 47 vehicles, building access, or storage in an area other than a basement area is not 48 considered a building's lowest floor. 49 50 "Management Category 1" means High Quality/Highest Priority Wetlands. The 51 CMSCWD Wetland Management Plan includes a map showing the classification of Carnelian-Marine-St. Croix Watershed District Paqe 2 Rules 1 wetlands identified to date. MnRAM should be used to classify wetlands that are not 2 included in the current classification. Wetlands classified as High Quality/Highest 3 Priority have at least one of the following characteristics: 4 � Wetlands rated with exceptional vegetative diversity/integrity, which may include 5 wetlands with natural communities not significantly impacted by invasive species 6 or other human-induced alterations, wetlands harboring endangered or 7 threatened plant species, or rare wetland habitats classified as imperiled (S1) or 8 critically imperiled (S2) by the state rankings. 9 • Wetlands that have groundwater dependent plant communities and have a 10 vegetative diversity/integrity rating of inedium or higher are also placed in this 11 category. These wetlands may have suffered some degradation from human 12 influences due to their heightened sensitivity. 13 • Wetlands with a high vegetative diversity/integrity rating and a high rating for 14 hydrologic regime. The vegetative community in these wetlands typically has 15 been only slightly affected by humans and still maintains high functioning I�vels 16 for hydrologic regime, which is critical to wetland.sustainability: 17 • Wetlands with a high vegetative diversity/integrity rating and a high rating for 18 wetland water quality; OR wetlands with a high vegetative diversity/integrity 19 rating and a high rating for downstream water quality. The vegetative community 20 in these wetlands typically has been only slightly affected by humans and still 21 maintains high function to maintain water qual�ty;which is critical to wetland 22 sustainability. 23 • Wetlands rated as exceptional for wildlife habitat. 7hese include wetlands known 24 to harbor endangered or threatened animal species, rare communities, or wildlife 25 refuges and fish and wildlife management areas whose purpose is maintaining 26 suitable habitats for wildlife. -. ' 27 28 "Management Category 2" means Stream Corridor and Shoreland Wetlands that are not 29 a Management Category 1. The CMSCWD Wetland Management Plan includes a 30 map showing the classification of wetlands identified to date. MnRAM should be 31 used to classify wetlancis�that are nat included in the current classification. Wetlands 32 classified"as Stream Corridor and 51�oreland Wetlands have at least one of the 33 following characteristics: 34 � All Stream Corridor and Shoreland Wetlands not already classified as 35 Management Category 1. 36 • Wetlands rated as high for amphibian habitat. 37 • Wetlands rated as exceptional or high for fish habitat. These wetlands include 38 those spec�cally managed for fish management; designated trout streams, lakes 39 or adjacenf wetlands; and known spawning habitat for game�sh. 40 • Wetlands with a medium vegetative diversity/integrity rating and a high rating for 41 hydrologic regime. The vegetative community in these wetlands has only been 42 moderately affected by humans and still maintains high functioning levels fo� 43 hydrologic regime, which is critical to wetland sustainability. These wetlands 44 would likely benefit from active management. 45 • Wetlands that are highly sensitive to stormwater impacts and have a vegetative 46 diversity/integrity rating of inedium or high were also placed in this category. 47 • Wetlands with a medium vegetative diversity/integrity rating and a high rating for 48 wetland water quality. The vegetative community in these wetlands has only 49 been moderately affected by humans and still maintains high functioning levels 50 for water quality, which is critical to wetland sustainability. Carnelian-Marine-St. Croix Watershed District Page 3 Rules 1 2 "Management Category 3" means Isolated Wetlands that are not a Management 3 Category 1. These wetlands include all other isolated wetlands not already classified 4 as Management Category 1 or 2. The CMSCWD Wetland Management Plan 5 includes a map showing the classification of wetlands identified to date. MnRAM 6 should be used to classify wetlands that are not included in the current classification. 7 8 "Management Category 4" means Utilized Wetlands. These wetlands include pre- 9 existing basins used heavily as livestock watering wetlands, stormwater ponds dug 10 out from existing wetland, and other severely degraded wetlands (degraded as 11 defined by WCA). The CMSCWD Wetland Management Plan includes a map 12 showing the classification of wetlands identified to date. MnRA�I should be used to 13 classify wetlands that are not included in the current classification. 14 � 15 "Mapped natural community" means a natural community identified in "Natural 16 Communities and Rare Species Map for Washington County" (Minnesota 17 Department of Natural Resources, Natural Heritage Program, 1990),,;or in a natural 18 resources inventory using the same protocol as established by #he Minnesota 19 Department of Natural Resources. 20 21 "Middle zone° is a vegetative buffer zone that extends from the upland edge of the 22 streamside zone to the interior edge of the outer zone of a watercourse. 23 24 "Multi-family residential" means apartment, fownhouse, or twinhome complexes. 25 26 "Natural Environment Lake° means a take so designated by the Minnesota DNR 27 pursuant to Minn. Rules 6120.3000. 28 29 "NURP standard" means the design criteria developed pursuant to the Nationwide Urban 30 Runoff Program (U.S.,EPA, 1983) and published by the Minnesota Pollution Control 31 Agency in "Protecting tNater`Quatity in Urban Areas 1991" (sections 4.1-4 through 32 4.1-7), as rnay be amended, 33 34 "Ordinary high-water leve!"..or"OHWL"'means the boundary of a public water or wetland, 35 and is`an elevation ind'icating the highest water level that has been maintained for a 36 sufficient period of time to leave evidence on the landscape, commonly indicated by 37 a change:,from predominantly aquatic to predominantly terrestrial vegetation. For 38 watercourses, the ordinary high-water level is the elevation of the top of bank of the 39 channel. For basi�s.,and flowages, it is the operating elevation of the summer pool. 40 The Minnesota DNR makes all official determinations of ordinary high-water levels. 41 42 "Outer zone° is a vegetative buffer zone that extends from the upland edge of the middle 43 zone of a watercourse to a point specified in these Rules. 44 45 "Pre-settlement" means soil permeability conditions existing before European settlement. 46 47 "Public water" has the definition at Minnesota Statutes § 103G.005, subd. 15. 48 49 "Pre-development" means soil permeability conditions at the time preceding the 50 proposed creation of impervious surFace or substantial change in site hydrology or 51 infiltration by alteration of site vegetation or contour. Carnelian-Marine-St. Croix Watershed District Paqe 4 Rules 1 2 "Receiving water" means the first of the following types of surface waters encountered 3 by stormwater flow from the site: a lake or stream designated as a public water 4 pursuant to Minn. Stat. §103G.005, subd. 15, as amended; or a wetland. 5 6 "Reconstruction" means the rebuilding, repair or alteration of a structure, surface, or 7 facility for which the cost would equal or exceed 50 percent of the replacement cost. 8 9 °Recreational Development Lake" means a lake so designated by the Minnesota DNR 10 pursuant to Minn. Rules 6120.3000. 11 12 "Regional Facility" means a stormwater management facility designed to manage the 13 stormwater runoff from five or more parcels. 14 15 °Revegetation" means the planting of native indigenous species. 16 17 "Seasonally high water table° means the highest groundwater elevation expected on a 18 seasonal basis. 19 20 "Shore impact zone" means land located befinreen the OHWL of a public wafer and a line 21 parallel to it at a setback of 50 percent of the structure setback applicable under the 22 governing shoreland ordinance. 23 24 "Site design practice" means a method of m�naging stormwater"peak flow, flow volume 25 or quality tisted in Appendix 2.1 to Rule 2.0. 26 27 "Steep slope° means land with an average'slope exceeding 12 percent over a distance 28 of 50 feet or more upgradient of the wafer resource, calculated using a reasonably 29 precise topographic;surface modeL 30 31 "Stream° means watercourses identified as "Public Waters" under Minnesota Statute 32 103G.005, Subdivision 15: 33 34 "Stream buffer zone" means a streamside zone, middle zone or outer zone. 35 36 "Streamside zone" is a vegetative buffer zone that extends from the ordinary high-water 37 mark of a watercourse to the interior edge of the middle zone. 38 39 "Structure" means anything that is constructed or placed on the ground and that is, or is 40 intended, to remain for longer than a brief, temporary period of time. 41 42 uSubdivision" means land that is divided for the purpose of sale, rent, or lease, including 43 planned unit development. 44 45 "Subwatershed" means the drainage area of the receiving water for the site. 46 47 "Utility" means a service, or part thereof, that conveys water, wastewater, steam, gas, 48 electricity, telephone, or a similar commodity or service, including but not limited to 49 cable access television and data transmission lines, but excluding stormwater 50 management facilities. 51 Carnelian-Marine-St. Croix Watershed District Paqe 5 Rules 1 "Waterbody" means a watercourse or waterbasin. 2 3 "Waterbasin" means an enclosed natural depression with definable banks, capable of 4 retaining water. 5 6 "Watercourse" means a natural channel that has definable beds and banks capable of 7 conducting confined runoff from adjacent land. 8 9 "Wetland" means land transitional between terrestrial and aquatic systems where the 10 water table is usually at or near the surface or the land is covered by shallow water. 11 A wetland (a) is predominated by hydric soils; (b) is inundated or saturated by 12 surface water or groundwater at a frequency and duration sufficient to support a 13 prevalence of hydrophytic vegetation typically adapted for life in saturated soil 14 conditions; and (c) under normal circumstances, swpports a prevalence of 15 hydrophytic vegetation. A wetland is a waterbasin if it meefs the definition of that 16 term. 17 Carnelian-Marine-St. Croix Watershed District PaQe 6 Rules ! 1 2 DEFINITIONS —APPENDIX 3 4 Groundwater-Dependent Natural Resource Types 5 6 (Following Minnesota Land Cover Classification System protocol) 7 Cvld waEer h�out stre�nl Wet grairie seepage subt�pe- SPnn$creek s�hirated soils Groundwater-de�?end�nt lalce ���'O��ePA$e f'm Tauiarack swautp seepage subtype Calcareous seepage fesi bareal Taa�arack swaatp n�inerotrophie subt�rpe �� Calcareous seepage fen prairie Thniarack swamp sphagnuni �bt3'Pe �,�e Poor fen White cedar swauig seepage subt�e 1'oor fen sedge subty�pe Black spruce�g Poar fen pattenied fen subty''Pe Black spruce bog nitermediate Rich fen subtype Rich fen sed,ge subtyge Black spruce bog raised subtype P.ich fen IIoat�ig�mat subts�pe- Black ash swautp seepage subtype sahirated soils Mixed hardwaod swamP seeFab'e Rich fen patterned fen subtype subiype �Pe�'b°$Opexl SP'haSt'um b°S ScruU taa�arack�oor Een schlenke subt�*pe Birch bag,spiraea teanporaril3r Gr�m�inoid bog flooded shrubland Wet meadow floating mat subtype Shrub fen Rich fen floating�mat subty*pe- Poor fen shrub subt`�pe semipemuasiently IIooded Pich fen shrub subty�pe Rich ren floating-mat subtype- Wet brush airie a sub intermittently exposed � � � � S�hrub swun a sub �''ch fea tloatiuig�aiet subt�*pe- P�eF � � perman�tly flooded Alder swaalp-saturated soils Talus slope algific subtype Bizrh bog,s�+iraea shrubland- saturated soils �page meadow Alder s�vamp Wet cliff Bi:rh bog,spiraea shnibland- Ivloderate cliff se�nallV flooded Midwest seciia�et�tary clripping cliff Birch bog,s�iraea shrubland- Saline spring ntud IIats seauperulanently tlooded 8 Carnelian-Marine-St. Croix Watershed District Page 7 Rules 1 1.0 PROCEDURAL REQUIREMENTS 2 3 1.1 Application Required. Any person undertaking any activity for which a permit is 4 required by these Rules shall first submit for review a permit application, engineering 5 design data and such other information to the District as may be required by these Rules 6 to determine whether the improvements are in compliance with the criteria established 7 by these Rules. All permit applications must bear the original signature of the landowner. 8 9 1.2 Forms. Permit applications shall be submitted using forms provided by the District. 10 11 1.3 Action by Board of Managers. The District must, within ten (10) business days of 12 receiving a permit application, provide written notice to the.applicant that the application 13 is incomplete, itemizing any missing items. The managers shall act within 60 days of 14 receipt of a completed application and complete set of required exhibits. The Board may 15 extend the review timeline by 60 days. 16 17 1.4 Conformity with Local Requirements. The District will review applications for 18 permits involving land development and land disturbance. The permit will be issued only 19 after the applicant demonstrates that the plan has receiVed 'preliminary approval from 20 each local govemment in which development is to take place and completion of the 21 Wetland Conservation Act (WCA) process. The requirement.of preliminary approval shall 22 mean: 23 24 (a) Preliminary plat approval if required for the development; or 25 26 (b) If plat approval is not required, a`statement by the responsible local official 27 that the application has been found to be complete for municipal review. 28 29 The applicant is encouraged to submit a concepf plan and supporting documentation for 30 a pre-permit review by the District prior to initiating the formal permit review process. 31 32 1.5 Inte�r-government�l Coordin�tion. The District will work with municipalities and 33 government agencies on' a case=by-case basis to develop a memorandum of 34 understanding to reduce overlapping regulatory authority 35 36 1.6 Notification Process. Persons applying for, transferring or renewing a District 37 permit must supply a certified list of property owners, obtained from Washington County, 38 who reside adjacenf to the subject property, and all property owners within 500 feet of 39 the property boundary of a proposed project. Additional notification may be required at 40 the discretion of the Board. District staff will send notice of the proposed project to the 41 individuals on the mailing list for the applicant at the applicant's expense. A copy of the 42 list will be retained with the application at the District office. The application will not be 43 processed until the list has been submitted to the District. Notification is not required for 44 permits issued administratively. 45 46 1.7 Alternative Notification. Before application is made, the Board, on written request, 47 may approve an alternative notification method or distance for any of the following 48 projects: 49 Carnelian-Marine-St. Croix Watershed District PaAe 8 Rules 1 (a) A linear project, including but not limited to a road, sidewalk or trail, one-half 2 mile or more in length. 3 4 (b) A project on a parcel or contiguous parcels with an area of 100 acres or more, 5 where no more than �ve percent of the area will be disturbed, provided the 6 disturbed area does not include a wetland. 7 8 (c)A project where the applicant proposes to combine notification under this Rule 9 with notification required under the approval procedures of another governmental 10 body. 11 � 12 The applicant must demonstrate that an alternative means of notification will provide 13 adequate notice to residents near the proposed activity. 14 15 1.8 Time for Submittal. A complete permit application which includes all required 16 exhibits shall be received by the District at least 28 fufl days pnor. to the scheduled 17 meeting date of the Board of Managers. Late submittals or submittals with incomplete 18 exhibits will be scheduled to a subsequent meeting date pending receipt of a complete 19 submittal. 20 21 1.9 Tabled Permits. If a permit application is tabled at a board meeting due to revisions 22 needed for compliance with District rules, the permit application will be addressed at the 23 next board meeting if the revisions are submitted within three (3) working days of being 24 tabled. Otherwise, permit applications will be treated pursuant to section 1.8 of this Rule. 25 26 1.10 Permit Renewals and Transfers. A°permit is`valid for a one-year period from the 27 date the applicant is advised in writing that the Board has approved the permit unless it 28 is otherwise suspended or revoked. If the permit is acted upon within one year from the 29 date of permit issuance, the perrmit is valid as long as the project is actively progressing 30 toward completion. To renew of,transfer a permif, the permittee must notify the District 31 in writing, prior to the permit expiration date, of the reason for the renewal or transfer 32 request. The request will be reviewed by tlie Board of Managers at the next available 33 board meeting provided all information submitted to the District is current. The Board, in 34 its discretion, may grant � permit af a>duration longer than one year if a request to do so 35 is included in the duly-noticed application. In accordance with section 1.6 of these Rules, 36 District staff will send notice'of the proposed project to the individuals within 500 feet of 37 the project for the applicant at the applicanYs expense. 38 39 1.11 Regular Meetings. Regular meetings of the Board of Managers are held at the 40 Scandia City Hall, 14'727 - 209th Street N., Scandia, MN, unless otherwise noticed. 41 Meeting schedules and agendas may be obtained by contacting the District office. 42 43 2.0 STORMWATER MANAGEMENT 44 45 2.1 Purposes and Policy. It is the policy of the District to: 46 Carnelian-Marine-St. Croix Watershed District Pa�ae 9 Rules 1 2.1.1 Preserve natural infiltration, groundwater recharge and subsurface flows 2 that support groundwater dependent resources including lakes, streams, 3 wetlands, plant communities and drinking water supplies; 4 5 2.1.2 Work toward restoration of natural hydrology by preventing transfer of 6 surFace water runoff across subwatershed boundaries and by limiting peak off- 7 site stormwater flow to pre-settlement rates; 8 9 2.1.3 Limit off-site stormwater flow volume to prevent flooding and thermal 10 impacts to groundwater dependent resources; 11 12 2.1.4 Require management of stormwater flow to limit setliments, phosphorus 13 and other pollutants conveyed to ground and surface;waters and promote water 14 quality; and 15 16 2.1.5 Minimize drainage from impervious sutfaces to stormwater conveyance 17 systems and preserve the natural hydrology of landlocked`basins to minimize 18 basin and downgradient flood risk. 19 20 2.2 Applicability. Subject to an exception in section 2.7, the rEquirements of this section 21 apply to: 22 23 (a) Residential subdivision (see section 2.7.6 for exceptions); 24 25 (b) Any project (including linear projects such as road, bikeway, sidewalk, etc.) 26 creating impervious surface that, in the aggregate, exceeds either one acre or 27 five percent of a siter whichever is less; 28 29 (c) Land disturbance of 5,000 square feet or more within the surface water 30 contributing area.of a groundwater-dependent natural resource or 31 32 (d) Lanc4 ctfsturbance.of 5,000`square feet or more within 1000 feet of a public 33 w�ter. 34 35 (e) Mining operations. 36 37 (fl Projects requiring a variance from the applicable shoreland or St. Croix 38 Rivervvay ordinance•relating to structure setback from the property line adjacent 39 to the resou�ce or impervious surFace percentage. 40 41 2.3 Regulation. Before any activity described at § 2.2 commences, a stormwater 42 management plan shall be submitted to the District in conformity with the requirements 43 of this Rule, and a permit shall be secured from the District. The managers will review a 44 stormwater management plan; however, the permit will be issued only after the 45 applicant demonstrates that the project has received preliminary approval from the local 46 land use authority, in accordance with § 1.4 of these Rules, indicating compliance with 47 existing local requirements and completion of the Wetland Conservation Act (WCA) 48 process. The applicant is encouraged to submit a concept plan and supporting 49 documentation for a pre-permit review by the District prior to initiating the formal permit 50 review process. Carnelian-Marine-St. Croix Watershed District Pa4e 10 Rules 1 2 2.4 Standards. 3 4 2.4.1 Management Standards. An applicant for a stormwater management permit 5 must demonstrate to the District that the proposed land-altering activity: 6 7 (a) Will not increase peak stormwater flow from the site, as compared 8 with the pre-settlement condition, for a 24-hour precipitation event with a 9 return frequency of two, 10, and 100 years for all points where discharges 10 leave a site. 11 12 (b) Will not increase stormwater flow volume from the site, as compared 13 with the pre-settlement condition, for a 24-hour precipitation event with a 14 return frequency of two years, or 10 years within a landlocked basin or a 15 subwatershed draining to a landlocked ba'sin. 16 17 (c) Will provide water quality Best Management Practices{BMPs) sized to 18 infiltrate and/or retain the runoff volume generated on the site by the 2 19 year, 24-hour event under the developed condition for all points where 20 discharges leave a site. For that portion of the 2-year, 24-hour event 21 runoff volume that is not required to<be:infiltrated under Rule 2.4.1(b), 22 water quality BMPs or additional infiltration will be incorporated. The 23 order of preference for water quality BMPs is biofiltration, filtration, 24 wetland treatment system; e�ctended detention, 'and wet detention in 25 accordance with NURP standards. 26 27 (d) Will not:increase the bounce in water level or duration of inundation, 28 for a 24=hour pr�ecipitation event with a return frequency of two, 10, and 29 100 yeacs in the::subwatershed in which the site is located, for any 30 downstream lake{or wetland bey�nd the limit specified in Appendix 2.1. 31 32 2.4.2 Obligation to Ensure Performance. Before work under the permit is deemed 33 complete, the permittee.must submit as-built plans and complete the requested 34 assessment consistent with the'standards of the Assessment of Stormwater Best 35 Management Praetices Manual demonstrating that at the time of final 36 stabilization, stormwater facilities conform to design specifications. At the 37 discretion. of the Board, a final inspection by the District may be accepted in lieu 38 of as-built plans. As a specific condition to a permit, the District may impose 39 monitoring; 'performance evaluation, additional compliance measures or other 40 requirements for the purpose of ineeting management standards. 41 42 2.4.3 Assurance of Downgradient Capacity� An applicant may be required to 43 demonstrate that downgradient stormwater conveyance structures and features 44 will be adequate to handle proposed increased peak flow+or flow volume from the 45 site. 46 47 2.4.4 Redevelopment. If the proposed activity will disturb more than 50 percent of 48 existing impervious surface, the criteria of subsection 2.4 will apply to all 49 impervious surface on the project site. Otherwise, the criteria will apply only to 50 net additional impervious surface. Nofinrithstanding, for road and other linear 51 projects, only net additional surface will be considered. Carnelian-Marine-St. Croix Watershed District Paae 11 Rules 1 2 2.4.5 Waste Disposal. No refuse, garbage, or noxious materials shall be dumped 3 in any public waters or where surface runoff could directly carry materials to 4 public waters. 5 6 2.5 Management. 7 8 2.5.1 Sequence of Management Methods. To meet the standards of section 2.4, 9 site-based stormwater management methods shall be used in the following 10 sequence. A preferred method shall be used to the degree feasible before a less- 11 preferred method is used. Treatment in a regional facility shall be governed not 12 by this sub-section, but by sub-section 2.7.4. 13 14 (a) Better Site Design practices. 15 (b) On-site infiltration. 16 (c) Off-site regional infiltration. 17 (d) Biofiltration. 18 (e) Filtration. 19 (fl Wetland treatment system. 20 (g) Extended detention basin. 21 (h) Wet detention in accordance with NURP standards. 22 (i) Other methods. 23 24 2.5.2 Better Site Design Practices. Activity creating �mpervious surFace must 25 explicitly address the use of Better Site Qesign (BSD)`techniques as outlined in 26 Chapter 4, "Minnesota Stormwater Manual" (Mi�nesota Pollution Control Agency, 27 2006 and subsequent revisions). Better Site Design involves techniques applied 28 early in the design process to reduce impervious cover, conserve natural areas 29 and use pervious areas to more effectively treat stormwater runoff and promote a 30 sequential treatment or "treatment train" approach to runoff management. An 31 applicant must show that BSD teGhniques were evaluated in developing the 32 desigrt of a=proposed project and demonstrate the infeasibility or inapplicability of 33 teehniques thaf were rejected. 34 35 2.5:3 Calculating Off-Site Stormwater Flow. To calculate off-site flow under pre- 36 settlement conditior�,`pre-development condition or the stormwater management 37 scenario<proposed for approval, Soil Conservation Service TR- 20 method is to 38 be used: Pre-settlement curve numbers (CN-values) for upland areas will be as 39 follows: 40 41 Hydrologic Soil Group Curve Number 42 (see also Appendix 2.2) 43 A 30 44 B 57 45 C 70 46 D 77 47 48 All assumptions for CN-values and impervious surface area estimates 49 must be clearly stated. A distributed CN-value approach shall be used to 50 calculate runoff flows. 51 Carnelian-Marine-St. Croix Watershed District Paae 12 Rules 1 An area of the site to be disturbed during construction shall be assigned a CN- 2 value corresponding to a soil permeability class one step below that of the 3 undisturbed soil unless the plan specifies a District-approved method to restore 4 soil structure. 5 6 2.5.4 Acauisition of Property or Contract Ri�hts. An applicant relying on on- or 7 off-site facilities for complying with the standards of section 2.4 must possess all 8 land access rights necessary for design, construction, and long-term operation 9 and maintenance of the facilities. This sub-section does not apply to treatment in 10 a regional facility pursuant to paragraph 2.7.4(a). 11 12 2.5.5 Infiltration Pretreatment. Flows to infiltration facilities`must be pretreated for 13 Iong-term removal of at least 50 percent of sediment loads. In the event an 14 infiltration facility is constructed in the vicinity downstrearn of a potential Hot Spot, l5 a skimmer shall be installed to facilitate clean-up. l6 17 2.5.6 Basin in Contributing Area to Groundwater-Dependent Nafural Resource. A l8 stormwater basin within the surFace `contributing area to °a" groundwater- 19 dependent natural resource must contain and infiltrate the volume generated by 20 a two-year, 24-hour storm event over the disturbed area, if feasible. The basin 2l bottom must be at least three feet above the seasonally high water table, 22 bedrock or other impeding layer. If this infiltration standard is not met, basin 23 outflow must be non-erosive and. routed through a subsurface system, flow 24 spreader or other device that discharges water through or across the ground to 25 lower discharge temperature to that of the arribient soiL 26 27 2.5.7 Stormwater Management Facility Maintenance Agreement. If a developer 28 proposes to construct a'wet detention basin, infiltration or pretreatment facility, 29 outlet structure� culvert, outfall structure, or other stormwater management facility 30 in order to meet the requirements of this Rule, the developer must submit with 31 the permit application a maintenance �nstrument. The maintenance instrument 32 shall identify and protect areas of stormwater detention, infiltration, treatment and 33 overflow; specify the methods, schedule, and responsible parties for 34 maintenance; provide for perpetual facility maintenance; and contain at a 35 rninimum the requirements in the District's standard maintenance declaration. 36 The;:executed maintenance instrument shall be recorded with the County before 37 permit issuance or 'immediately after plat approval and filing, if applicable, and 38 prior to the sale of lots. 39 40 2.5.8 Form of Recordina. Rights under sub-section 2.5.4, a maintenance 41 instrument under sub-section 2.5.6, and any commitment of indefinite duration 42 that is a condition of a District permit shall be recorded with the County as an 43 easement or declaration in a form acceptable to the District. 44 45 2.5.9 Plattinq or Easement Documents. Applicant must provide platting or 46 easement documents showing sufficient drainage and ponding/flowage 47 easements over hydrologic features such as floodplains, stormsewers, ponds, 48 ditches, swales, wetlands, and waterways. 49 50 2.5.10 Conformance to Floodplain and Drainaae Alteration Requirements. In 51 addition to all other legal requirements that may apply, all land-altering and Carnelian-Marine-St. Croix Watershed District Paae 13 Rules 1 related stormwater management activity pursuant to Rule 2.0 shall comply with 2 building elevation requirements of Rule 7.0. 3 4 2.6 Required Exhibits. The following items, submitted in duplicate and certified by a 5 professional engineer registered in the State of Minnesota, registered land surveyor, or 6 other appropriate professional shall accompany all permit applications submitted to the 7 District pursuant to Rule 2.0: 8 9 2.6.1 Property lines and delineation of lands under applicant's ownership and 10 location of the site with respect to known groundwater dependent natural 11 resources; 12 13 2.6.2 For existing and proposed conditions, topography showing all on- and off- 14 site subwatersheds contributing to surface flows onto orfrom the site; 15 16 2.6.3 The location, alignment and elevation of proposed and:sxisting stormwater 17 facilities; 18 19 2.6.4 Delineation of existing on-site wetland, shorefand, drain tiling and floodplain 20 areas as defined in the current Federal Emergency Management Agency (FEMA) 21 study; 22 23 2.6.5 Existing and proposed normal and 100-year water elevations on site; 24 25 2.6.6 Existing and proposed site contour elevations at twro-foot intervals, related 26 to National Geodetic Vertical Datum (NGVD), 1929 datum; 27 28 2.6.7 Elevation of the OHWL of eac{� public water on the site, if determined by 29 the Minnesota?Department of Natural Resources; 30 31 2.6.8 Construction•;plans;=-specifications and a maintenance schedule for all 32 proposed facilities; 33 - 34 2.6.9 Stormwater runoff rate; analyses for the finro, 10, and 100 year critical 35 e�ents and runoff ':volume for the two-year event (or 10-year event for a 36 landlocked basin) under pre-settlement and proposed conditions, using Appendix 37 2.2 to simulate infiltration losses in designed practices; 38 39 2.6.10 All hydrologic, water quality, and hydraulic computations completed to 40 design the proposed facilities, including a demonstration of conformance, in the 41 site aggregate, to water quality requirements of Rule 2.4.1(c); 42 43 2.6.11 Documentation of conformance with an existing local stormwater 44 management plan, or in cases where such a plan does not exist, documentation 45 that the local government has reviewed the project; 46 47 2.6.12 Delineation of any flowage and drainage easements and other property 48 interests dedicated to stormwater management purposes, including, but not 49 limited to, county or judicial ditches; 50 Carnelian-Marine-St. Croix Watershed District Paae 14 Rules 1 2.6.13 Documentation as to the status of a National Pollutant Discharge 2 Elimination System stormwater permit for the project from the Minnesota 3 Pollution Control Agency and provide the Storm Water Pollution Prevention Plan 4 (SWPPP) as it becomes available; 5 6 2.6.14 Geotechnical information including soil maps, borings, site-specific 7 recommendations and other information needed to evaluate the proposed 8 stormwater management design; 9 10 2.6.15 Thermal impact analysis demonstrating compliance with paragraph 2.5.6, 11 if applicable; 12 13 2.6.16 Soil structure restoration plan demonstrating compliance with paragraph 14 2.5.3, if applicable; 15 16 2.6.17 Hydrologic and hydraulic computations completed fo determine if a basin 17 is landlocked; and 18 19 2.6.18 Delineation and determination of groundwater dependent natural 20 resources present on the site. 21 22 2.7 Exceptions. � 23 24 2.7.1 Infeasibilitv of On-Site I'n�ltration, If the Distr�ct 'finds that site design 25 practices and on-site infiltration, applied'to the extent feasible, are insufficient to 26 maintain stormwater flow volume .off-site at the- level specified in paragraph 27 2.4.1(b), the applicant will be excepted from strict compliance with that 28 paragraph. The use� of° site design=practices, on-site infiltration and off-site 29 regional infilfration shalf be required to the extent feasible to reduce flow volume 30 to the level specified in paragraph 2.4;1(b) before discharge into a receiving 31 water. Compliance with`paragraph 2.4.1(c) must be speci.fically demonstrated. 32 Where infiltration is not feasible, water qual'ity treatment sized for the 2-year, 24 33 hour event must be provided in accordance with the sequencing standards of Rule 34 2;5.1. Infiltration is considered not feasible where documented soil contaminants 35 preclude the use of`infiltration practices or there is inadequate separation from the 36 water table, bedrock, or other impeding layer. 37 38 2.7.2 Exception to ``Sequencinca. The District may grant an exception to the 39 sequencing ;requirements of paragraphs 2.5.1(d) through (i) on an applicant's 40 demonstration that an alternative management technology or method would 41 achieve the same levels of perFormance and reliability as the method specified at 42 paragraph 2.5.1(d). 43 44 2.7.3 Variance. The District may grant a variance to any requirement of Rule 2.0 45 under Rule 10.0. 46 47 2.7.4 Reaional Treatment. Management of site stormwater in a regional facility 48 constitutes compliance with Rule 2.0 in any of the following circumstances: 49 Carnelian-Marine-St. Croix Watershed District PaQe 15 Rules 1 (a) Management is pursuant to and in accordance with a local water 2 management plan approved by the District under Minnesota Statutes 3 §103B.235. 4 5 (b) An applicant has demonstrated infeasibility of on-site and off-site 6 infiltration under sub-section 2.7.1 and the District, in writing, finds that 7 the proposed method of management would meet all standards of section 8 2.4 except for paragraph 2.4.1(b). 9 10 (c) Management is pursuant to and in accordance with a cooperative 11 agreement with the District that explicitly recognizes alternative 12 compliance with Rule 2.0 under specified conditions. 13 14 2.7.5 Basin Outlet. Rule 2.0 does not apply to a capifial project in a watershed 15 management or approved local water management plan intended to create an 16 outlet for a landlocked basin. 17 18 2.7.6 Residential Subdivision. Rule 2.4.1(a), (c), and (d) do not apply to a 19 residential subdivision of finro lots. Rule 2,4.1(a), (b), (c), and (d) do not apply to 20 a subdivision of 4 or fewer lots with an average 10 acre density and less than 21 10% impervious in locations greater than `1II00 feet from a public water. 22 Residential subdivisions must also comply with requirements of Rule 7.0. 23 24 2.8 Groundwater-Dependent Natural Resource Management Plans. Standards 25 established in District approved management plans for individual groundwater 26 dependent natural resources will supersede other District Rules as indicated in the 27 approved management ,plan: All applicable District Rules not superseded by the 28 approved management plan will still apply to the proposed project. 29 30 APPENDIX 2.1 31 Bounce and Inundation Period Standards ;. Management '` Permitt�d Bounce Inundation Period for Inundation Period for Classification Two-Year Event 10-Year or Greater Event Preserve wetland Pre-development Existing Existing Manage 1 wetland Pre-development + Existing plus 1 day Existing plus 2 days . 0.5 feet Manage 2 wetland Pre-development + Existing plus 2 days Existing plus 14 days 1 A feet Manage 3 No limit Existing plus 7 days Existing plus 21 days wetland/Lake 32 Carnelian-Marine-St. Croix Watershed District Page 16 Rules 1 APPENDIX 2.2 2 Desi n Infiltration Rates Hydrologic Corresponding Unified Soil �nfiltration Soil Group Soil Textures` ClassificationM Rate inches/hour GW-Well-graded gravel or well-graded gravel with sand 1.63 Gravel, sand, GP— Poorly graded gravel or poorly - sandy gravel, raded ravel with sand A silty gravel, GM - Silty gravel or silty gravel with loamy sand, sand sandy loam SW-Well-graded sand or well-graded � 8 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 � � 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 Source: Minnesota Stormwater Manual (2005) ' 4 5 "`U.S. Department of Agriculture, Natural Resources Conservation Service, 2005. National Soil 6 Survey Handbook, title 430 VI:`{Online)Available: http://soils.usda.aov/technical/handbook/. 7 8 **ASTM standard D2487-00 Standard Practice for Classification of Soils for Engineering Purposes 9 (Unified Soil Classification System). 10 11 12 3.0 EROSION CONTROL 13 3.1 Policy. It is the policy of the Board of Managers to require erosion control for land 14 disturbing activities to prevent the siltation and sedimentation of streams, lakes, wetlands, 15 and groundwater recharge areas in the District. 16 3.2 Applicability. All persons shall submit an erosion control plan to the District, and 17 secure a permit from the District approving the erosion control plan for any grading, filling, 18 or other land disturbing activities which involve: Carnelian-Marine-St. Croix Watershed District Paqe 17 Rules 1 a. the grading, excavation, filling or stockpiling of more than 50 cubic yards of earth 2 or other erodible material, or 3 b. surface soil disturbance or removal of vegetative cover on 5,000 square feet or 4 more of land. 5 3.3 Regulation. The plan must meet the following standards: 6 3.2.1 An erosion control plan must be prepared by a qualified individual showing 7 proposed methods of retaining waterborne sediments on site during the period of 8 construction and showing how the site will be restored, covered, or revegetated 9 after construction, including a timetable for completion; 10 3.2.2 The erosion control plan shall be consistent with the specifications of the 11 Minnesota Pollution Control Agency (MPCA) manual,°Protecting Water Quality in 12 Urban Areas" and its current revisions, and specifically shall conform to manual 13 recommendations on the following subjects, as applicable:: 14 (a) Implementation schedule and construction sequenaing 15 (b) Critical erosion areas 16 (c) Limits of disturbed areas 17 (d) Stabilizing exposed and soil stockpile areas 18 (e) Stabilizing waterways and outlets (including managing five-year, 24- 19 hour event) 20 (fl Protecting adjacent properties from erosion 21 (g) Storm sewer inlet protection 22 (h) Riprap at culvert outfalls 23 (i) Roc�i construction entrances 24 (j) BMP construction details 25 (k) Harizontal slope grading 26 (I) Permanent erosion control; 27 3.2,3 Sites with high erosion potential characterized by steep slopes or erodible 28 soils may require the'permit applicant to post a surety pursuant to Rule 9.0. 29 3.4 Site Maintenance Practices 30 3.4.1 AI( erosion and sediment control measures shall be installed, and the 31 District shall 6e given three business days' notice in writing, before land 32 disturbance commences. 33 3.4.2 The permittee is responsible at all times for the maintenance and proper 34 operation of all erosion and sediment control facilities. On any property on which 35 land-disturbing activity has occurred pursuant to a permit issued under this Rule, 36 the permittee shall, at a minimum, inspect, maintain and repair all disturbed 37 surfaces and all erosion and sediment control facilities and soil stabilization 38 measures every day work is performed on the site, and at least weekly, until land- 39 disturbing activity has ceased. Thereafter, the permittee shall perform these 40 responsibilities at least weekly until vegetative cover is established. Carnelian-Marine-St. Croix Watershed District Page 18 Rules 1 3.4.3 All exposed soil areas and soil stockpiles within 200 lineal feet of a wetland, 2 a waterbody, a discernable surface drainage feature or a stormwater system 3 inlet, and with a continuous downhill slope to that water feature, must be 4 stabilized with erosion control measures, or temporary or permanent cover, 5 within the indicated time after final grade is established: b Slope Time 7 Steeper than 3:1 7 days 8 10:1 to 3:1 14 days 9 Flatter than 10:1 21 days 10 If an area is not permanently stabilized, it shall be managed in accordance with 11 paragraph 3.4.4, below. 12 3.4.4 The weekly inspection requirement of paragraph 3.3.2, above, may be 13 reduced to monthly befia►een November 15 and snowmelt: if site management 14 conforms to the following: 15 (a) Exposed soils are stabilized with established vegetafion, straw or 16 mulch, matting, rock or other approved product such as rolled erosion 17 control product. Seeding is encouraged, but alone is not sufficient. 18 (b) Temporary and permanent ponds and sediment traps are graded to 19 capacity before spring snowmelt. This does not include infiltration/filtration 20 facilities, which must Ise kept free of sediment' until the site is fully 21 stabilized. � 22 (c) Sediment bamers are properly installed`at necessary perimeter and 23 sensitive,locations. 24 (d) Slopes and grades are properly stabilized with approved methods. 25 Rolled erosion control products must be used on slopes greater than 3:1 26 (Horizontal:Vertical) and where erosion conditions dictate. 27 (e) Stockpiled sails and other materials subject to erosion are protected 28 by established vegetation, anchored straw or mulch, rolled erosion control 29 product or'other durable`covering; a barrier prevents movement of eroded 30 materials from the location. 31 (fl All construction entrances are properly stabilized. 32 (g) Snow management protects erosion and sediment control measures. 33 3.4.5 If a site is actively worked after November 15, all steep slope measures, 34 downgradient and perimeter sediment controls, stockpile stabilization and sediment 35 control measures, swales, channels, culvert outfalls and storm sewer inlets must 36 be maintained in proper working condition at the end of each work day. 37 3.4.6 After construction is complete, design contours must be established for 38 permanent wet detention basins used as sediment basins during construction. 39 3.4.7 Erosion control measures such as silt fences and inlet protection shall not 40 be removed until after the project is complete and the District determines that all 41 disturbed areas have been fully stabilized, and shall be removed within 14 days 42 thereafter. Carnelian-Marine-St. Croix Watershed District Page 19 Rules 1 3.5 Agricultural Practices. A Rule 3.0 permit is not required for agricultural activity, 2 provided that a grass or natural vegetation buffer zone e�ending sixteen (16) feet or the 3 width of an applicable shore impact zone, whichever wider, is maintained along any 4 waterbody, wetland or surface drainage conveyance and no fertilizer is used in the zone. 5 Excluding areas constructed specifically for livestock watering, the practice of rearing 6 livestock near streams, lakes and wetlands, and allowing livestock to walk on 7 embankments and enter streams, lakes and wetlands is discouraged. Steep slopes 8 disturbed by livestock access within the buffer zone do not qualify as a buffer under this 9 exemption. 10 11 4.0 LAKE, RIVER, STREAM AND WETLAND BUFFER REQUIREMENTS 12 The purpose of Rule 4.0 is to afford the greatest possible pratection to buffers, and to the 13 water quality and habitat of District water resources, consi;stent with:the interest in avoiding 14 undue disturbance to established public and private activities adjacent to lakes and 15 streams. 16 4.1 Purposes and Policy. Natural vegetation bordering the bed and banks of lakes, 17 streams and wetlands serves a critical role in maintaining.the ecological function of and 18 community benefits deriving from those water resources.'Purposes served by vegetative 19 buffers include bank and shoreline stabilization; erosion,prevention; filtration of nutrients, 20 sediments and other pollutants from storm flows; protectio��of stream beds and banks and 21 mitigation of downstream flooding through; moderation of`peak flows both into and within 22 the resource; regulation of in-stream temperatures; preservation of aquatic and terrestrial 23 habitat; protection of scenic resources; and maintenance of property values. 24 4.2 Applicability. 25 4.2.1 Rule 4.0 applies to land: 26 (a) adjacent to a stream designated as a public water pursuant to Minn. 27 Stat. §103�:005, .subd: 15, as`amended; a recreational development or 28 natural environment lake designated as a public water under Minn. Stat. 29 §10�G.005, sul�d, 15, as amended; a groundwater-dependent natural 30 resource,,a wetland,or the St. Croix River; and 31 (b) that has=been (i) subdivided; or (ii) subject to a variance from the 32 applicable shoreland ordinance relating to structure setback from the 33 'pcoperty line adjacent to the resource or impervious surface percentage; on 34 or"after[the cJate of rule adoption]. 35 4.2.2 Rule 4:0 applies in addition to, and not in place of, any local shoreland 36 ordinance. 37 4.3 Zone Widths. 38 4.3.1 Subject to the special provisions in sub-sections 4.3.2 through 4.3.5, buffer 39 zones are as follows as measured from the OHWL, delineated wetland edge, or 40 top of bank as applicable to the resource: 41 (a) Stream/Tributary/St. Croix River 42 (1) Streamside zone: 25 feet 43 (2) Middle zone: 50 feet from upland edge of streamside zone Carnelian-Marine-St. Croix Watershed District Page 20 Rules l (3) Outer zone: from upland edge of middle zone to structure 2 setback under applicable shoreland ordinance 3 (b) Natural environment lake: 75 feet 4 (c) Recreational development lake: 50 feet 5 (d) Manage 1 wetland: 100 feet 6 (e) Manage 2 wetland: 75 feet 7 (fl Manage 3 wetland: 50 feet 8 (g) Manage 4 wetland: 30 feet 9 If a lake or wetland is a groundwater-dependent naturaf resource, the buffer will be 10 100 feet. If a stream is a groundwater-dependent natural resource, the streamside 11 zone will be 50 feet, and the middle zone 100 feet: 12 4.3.2 Where a mapped natural community is associated with a stream or lake 13 subject to Rule 4.0, the upland edge of the buffer or, for a stream, the middle zone 14 shall be as specified in sub-section 4.3.1 or contiguous with the`upland edge of the 15 mapped natural community, whichever is gceater. 16 4.3.3 Where a lake or wetland buffer, or a streamside or middle zone of a stream 17 buffer, encompasses all or part of a steep slope;.the zone or buffer shall extend to 18 the distance specified in sub-section 4.3.1 or to the top of the slope, whichever is 19 greater. A contour alteration or aitificial structure on.a steep slope constitutes a 20 break in slope only if it indefinite(y,wiU dissipate upgradient velocity and trap 21 upgradient pollutant loadings. 22 4.3.4 Where the 100-year floodplai�n,extends further than the upland edge of the 23 middle zone, the (ake buffer or the river buffer'specified in subsection 4.3.1, the 24 zone or buffer shall extencf to the upland edge of the floodplain. 25 4.3.5 Where a drainageway conveying flow through the buffer extends outside the 26 buffer width specified in subsection.4:3.1, the buffer shall be extended along the 27 drainageway with a width equal to that of the drainageway. 28 4.3.6 Where a lake or wetland,of any size is encompassed within or contiguous to 29 a stream to which Rule 4.0 applies, the lake or wetland buffer specified in 30 subsection 4.3.1 or Rule 12.0 shall apply in addition to, and not in place of, the 31 applicable stream or lake buffer. 32 4.3.7 Buffer width=:may vary where the applicant can clearly demonstrate the 33 need to vary from the District's rule or when there is a potential to provide 34 benefits to the resources of the District, provided that the average width at least 35 equals the applicable width of subsection 4.3.1, the buffer is at least half of that 36 width at all points, and the buffer provides water resource and habitat protection 37 at least equivalent to that of a uniform buffer of the required width. Buffer area 38 calculation will exclude any part of the buffer exceeding twice the width specified 39 in subsection 4.3.1. 40 4.4 Declaration and Delineation of Buffer Zones. 41 4.4.1 Before any disturbance of ground vegetation or contour, or placement of 42 any structure on the ground, a declaration, easement, or other instrument 43 incorporating the applicable requirements of Rule 4.0 shall be recorded with the 44 County in perpetuity on the property title by the property owner. Carnelian-Marine-St. Croix Watershed District PaQe 21 Rules l 4.4.2 A buffer shall be indicated by either permanent, flush to the ground markers 2 or permanent, 4 ft post markers at the buffer's upland edge, with a design and 3 te� approved by District staff in writing. A marker shall be placed at each lot line, 4 with additional markers at an interval of no more than 200 feet. If a District permit 5 is sought for a subdivision, the monumentation requirement will apply to each lot 6 of record to be created. On public land or right-of-way the monumentation 7 requirement may be satisfied by the use of markers flush to the ground, 8 breakaway markers of durable material, or a vegetation maintenance plan 9 approved by District staff in writing. 10 4.5 Limitations in Buffer Zones. 11 4.5.1 At the time a buffer is created under Rule 4.0, the'District may require a 12 planting or landscaping plan and the implementation; of that plan to establish 13 adequate native vegetative cover for buffer areas that ' 14 (a) Have vegetation composed more than 30 percent of undesirable plant 15 species (including, but not limited.to turF grass, reed canary grass, 16 common buckthorn, purple loosestrife, leafy spurge, bull fhistle, and other 17 noxious or invasive weeds); or 18 (b) Consist of more than 10 percent of bare or disturbed soil or turf grass. 19 4.5.2 Lake Buffers; Wetland Buffers; Streamside Zone of Stream or River Buffer. 20 The following activities are` prohibited writhin a lake buffer, and within the 21 streamside zone of a stream or river buffer: 22 (a) Creating impervious cover except as allowed by Rule 4.9.2. 23 (b) Excavating fill or placing fill.or debris, except for temporary placement of 24 fill or debris'pursuant to duly-permitted work in the associated watercourse, 25 in compliance with all conditions of the permit, and in compliance with 26 section 4.7. 27 (c) Altering' vegetation, except for (i) vegetative enhancements, as 28 approved in w�iting by staff, and (ii) the removal of invasive exotic species 29 or of frees for disease control or revegetation. A tree larger than six inches 30 _ in diameter-at a point two feet above the ground may be removed only on 31 written authorization from District staff on a determination that the function 32 of the buffer`will not'be diminished. 33 (d) Locating roads or utilities, except pursuant to a crossing of the 34 associated watercourse in accordance with section 4.7. Structures and 35 appurtenances associated with the road or utility shall not be located within 36 the streamside zone unless no feasible altemative exists. Outlet, flood 37 control and stormwater treatment facilities may be located within the zone if 38 so approved under Rule 2.0, except that a stormwater basin is not 39 permitted: 40 (i) within the streamside zone of a stream buffer; or 41 (ii) within the buffer of a groundwater-dependent natural resource, 42 unless the basin bottom is at least three feet above the seasonal 43 high water table, bedrock or other impeding layer and the basin and 44 associated facilities are designed and maintained to infiltrate the 45 finro-year, 24-hour precipitation event. Carnelian-Marine-St. Croix Watershed District Paqe 22 Rules 1 4.5.3 Middle Zone of Stream Buffer. The streamside zone prohibitions of 2 subsection 4.4.2 apply in the middle zone of a stream buffer, except that dead 3 trees, limbs or branches may be removed from the buffer for any reason and 4 without District approval. 5 4.5.4 Outer Zone of Stream Buffer. The following are prohibited in the outer zone of 6 a stream buffer: 7 (a) Creating impervious cover. 8 (b) Placing fill or excavation, except in accordance with section 4.6 and 9 other applicable law. 10 (c) Locating roads or utilities that involve the creation of impervious surface 11 within the outer zone, except pursuant to a crossing of the watercourse and 12 in accordance with section 4.7. Outlet, flood> control and stormwater 13 treatment facilities may be located within the zone if so approved under 14 Rule 2.0. 15 4.6 Shoreline and Bank Stabilization. A measure to stabilize a shoreline or bank 16 otherwise regulated under Rule 5.0 must comply with sub-section 4.7.1 but otherwise is 17 excepted from the prohibitions of section 4.4: 18 4.7 Temporary Alterations. 19 4.7.1 Compliance with Rule 3;0:is required, irrespective of the area or volume of 20 earth to be disturbed. 21 4.7.2 Buffer zones and the location and e�ent of vegetation disturbance shall be 22 delineated on the erosion control p1an. 23 4.7.3 Alterations rnust be designed and conducted to ensure only the smallest 24 amount of disturbed g�ound is exposed for the shortest time possible. Mulches or 25 similar materials must b�'used for tempo[ary soil coverage and permanent native 26 vegetation established as soon as possible. 27 4.7.4 Fill or excavated`material shall not be placed to create an unstable slope. 28 4.7.5 When construction, land disturbance, fill or excavation activity occurs within 29 the outer zone, the boundary between the outer and middle zones shall be 30 demarcated with siltation or other fencing to prevent. disturbance of vegetation 31 within the middle zone. When construction, land disturbance, fill or excavation 32 activity occurs within the middle zone, the boundary between the middle and 33 streamside :zones shall be demarcated with siltation or other fencing to prevent 34 disturbance of vegetation within the streamside zone. 35 4.8 Roads and Utilities. 36 4.8.1 A structure, impervious cover or right-of-way maintained permanently in 37 conjunction with a crossing of the waterbody or wetland shall minimize the area of 38 permanent vegetative disturbance to the degree feasible. Minimization includes, 39 but is not limited to, approach roads and rights-of-way that are perpendicular to the 40 crossing and of a minimum width consistent with use and maintenance access 41 needs. 42 4.8.2 All work shall be in accordance with section 4.7. 43 4.9 Exceptions. Carnelian-Marine-St. Croix Watershed District Page 23 Rules 1 4.9.1 An impervious surface, road or utility in existence on [the date of adoption of 2 this rule], its maintenance (including mill and overlay), and maintenance of its 3 existing right-of-way are excepted from the operation of Rule 4.0. Any increase in 4 area or reconstruction of a surface, road or utility excepted under this sub-section 5 is subject to the Rule. A public road or a utility may be located within a buffer zone 6 on a finding that avoiding the buffer is infeasible and in accordance with the 7 standards of section 4.8. Mitigation of impacted buffer area is required where 8 avoidance in infeasible. 9 4.9.2 Access to a waterbody or wetland for a lawful private or public use of the 10 resource may be created and maintained. All access surfaces within the buffer 11 zone, other than stairs, lifts, and docks allowed under the applicable shoreland l2 ordinance, must be pervious. Permanent vegetative disturbance shall be limited to 13 that necessary for access in light of the nature and extent of the permitted use. For 14 the purpose of this exception, porous paving systems are not considered a 15 pervious use. No facility, other than a footpath or a facility accessory to a 16 permitted use of the waterbody and required by its nature to: be adjacent to the 17 water such as stairs, lifts, and docks allowed under the applicable shoreland 18 ordinance, may be located within the buffer zone: Paved recreational trails must 19 be located outside the buffer zone. The access zone must not exceed 30 feet in 20 width or half the lot width, whichever is less. 21 4.9.3 The District may grant a �ariance from any r�quirement of Rule 4.0 pursuant 22 to Rule 10.0 of these Rules. In determining the appropriateness of a variance, the 23 District shall consider, among other factors, the parcel�or lot of record as of the 24 date Rule 4.0 was adopted; the commort ownership of the property in question and 25 adjacent property; and the availabilify of clustering, density compensation, 26 variances and other-_means under applicable land use law that would allow desired 27 uses to be located on portions of the parcel or lot not within buffer zones. An 28 exception shall� be lirrmited to the e�ctent necessary to put the property to a 29 reasonable or economically viable use. 30 4.9.4 , For.properties. where the existing primary structure location does not 31 conform to th�setback under the applicable shoreland ordinance and the structure 32 location is not required to�be brought into conformance with the applicable setback, 33 the buffer width sfiall be 50% of the existing distance between the structure and the 34 OHWL, delineated wetland edge, or top of bank as applicable to the resource. 35 4.10 Required Exhibits. In addition to the DistricYs standard application form, fees and 36 sureties, the following exhibits shall accompany a permit application (one full-size; one set- 37 reduced to maximum size of 11" x 17"): 38 4.10.1 Complete set of project plans that details project setting in relation to 39 adjacent water body; 40 4.10.2 Plan indicating OHWL or delineated wetland edge of adjacent water body 41 and applicable buffer width; 42 4.10.3 Buffer averaging justification if averaging requested under Rule 4.3.7; 43 4.10.4 Evaluation of existing buffer vegetation and density in compliance with 44 Rule 4.5.1. Planting plan, planting list with species and planting density, and 45 specifications and inspection and maintenance schedule to ensure project 46 success if needed to comply with Rule 4.5.1. Camelian-Marine-St. Croix Watershed District PaQe 24 Rules l 2 3 5.0 SHORELINE � STREAMBANK ALTERATIONS 4 5.1 Policy. It is the policy of the District to: 5 5.1.1 Limit alteration of a shoreline or streambank under Rule 5.0 to instances 6 where erosion of the shoreline or streambank is occurring or likely to occur. 7 5.1.2 Assure that improvements or alterations of shoreline and streambank areas 8 comply with accepted engineering principles to prevent erosion; and 9 5.1.3 Preserve and, wherever feasible, enhance the ecological integrity and natural 10 appearance of shoreline and streambank areas. 11 5.2 Regulation. No person shall disturb the natural shoreline oc streambank partially or 12 wholly below the ordinary high water mark of a waterbody, without first securing a permit 13 from the District and posting a surety. Disturbance of a shoreline or.streambank wholly 14 above the ordinary high water mark of a waterbody may require a permit under Rule 7.0. 15 A permit will be issued only on a demonstration that erosion is occurring. Projects may 16 only use riprap if it is demonstrated that bioengineering is infeasible. Construction of 17 retaining walls is only allowed by variance. 18 A permit issued under this rule may be valid for up to 5 years to allow for the completion of 19 regular maintenance of District approved bioengineering, riprap and retaining wall 20 shoreline projects or projects completed 'prior to [th�date of adoption of these rules] if a 21 maintenance plan is submitted and approved by the'District. 22 5.3 Criteria for Bioengineering. Bioengineering techniques should be used for shoreline 23 and streambank restoration unless it is demonstrated that it is infeasible to repair the 24 erosion problem using bioengineering techniques, The following criteria apply to 25 bioengineering projects: ' 26 5.3.1 The resultantproject shall"be'structurally stable. Special emphasis shall be 27 given to the stability of the toe of slope where traditional engineering techniques 28 `may be more appropriate.' 29 5.3:2 Native vegetation shall be used in all cases. Preferable species include those 30 that'form dense root systems or can be planted from cuttings. 31 5.3.3 Bioengineering projects shall include a long-term maintenance plan which will 32 ensure that small erosion spots are corrected and native plant materials are 33 successfuL " 34 5.4 Criteria for Rip Rap Placement. Rip rap placement is allowed only when 35 bioengineering has been demonstrated to be infeasible as a solution to the erosion � 36 problem. Rip rap placement shall comply with the following criteria: 37 5.4.1 Rip rap material should be durable, natural stone common to the setting and 38 of a gradation that will result in a stable shoreline embankment able to withstand 39 ice and wave action. 40 5.4.2 The finished slope of the rock fragments, boulders and/or cobbles should not 41 be steeper than a ratio of 3 feet horizontal to 1 foot vertical (3:1) under normal 42 conditions. Steeper slopes will generally require larger sized rip rap. The finished 43 slope shall be no steeper than 2:1 (horizontal to vertical). Any rock/boulder Carnelian-Marine-St. Croix Watershed District Paae 25 Rules 1 stabilization project with a proposed finished slope steeper than 2:1 (horizontal to 2 vettical) shall be evaluated in accordance with the conditions for retaining walls. 3 5.4.3 No rip rap or filter materials should be placed more than 6 feet waterward of 4 the shoreline measured from the ordinary high water level (OHWL) elevation. 5 5.4.4 A transitional layer consisting of graded gravel, at least 6 inches deep, and 6 an appropriate geotextile filter fabric shall be placed between the soil material of 7 the existing shoreline and the rip rap to prevent erosion of the emb8nkl'T1e11t 8nd t0 8 prevent settlement. 9 5.4.5 Rip rap placement shall not be attempted when underlying soils are not 10 capable of supporting resulting loads. In these cases, a professional engineer 1 l registered in Minnesota should be consulted. 12 5.4.6 The thickness of the rip rap layers shall be at least 1.25 times the maximum 13 stone diameter, exclusive of toe boulders at least>50 percent buried. 14 5.4.7 The rip rap shall conform with the natural alignment of the shoreline (i.e., 15 maintaining an undulating or meandering,shoreline). 16 5.4.8 The design must reflect the engineering properties of the underlying soils and 17 any soil corrections or reinforcements. For a:shoreline, the design must conform to 18 engineering principles for wave energy disp�rsion and resistance to deformation 19 from ice pressure and movement. For a streambank, the design shall conform to 20 engineering principles for the .hydraulic behavior of,open channel flowand shall _ 21 consider upstream and downstream im�acts. 22 5.4.9 Rip rap placement projects shall contain a native vegetation planting element 23 equal to at least five percent of the overall cost of the project. 24 5.4.10 Represent the "minimal impact•' solution to a specific need with respect to all 25 other reason��le altematives. 26 5.5 Criteria for Retaining Walls, , 27 5.5.1: A shoreline or st�eambank structure with a finished slope steeper than 2:1 28 (Horizontal:Veitical), including but not limited to a rock, boulder or masonry 29 installation, seawall, sheetpile structure or gabion basket, is considered a retaining 30 wall. A single course of riprap or other permanent material less than 18 inches in 31 height is excepted. 32 5.5.2`A new retaining wall, or repair/reconstruction of an existing retaining wall that 33 increases floodplain encroachment beyond that required by technically sound and 34 accepted repair/reconstruction methods, is permitted only pursuant to a variance. 35 The applicant'trust demonstrate there is no adequate stabilization alternative. 36 5.5.3 The applicant must file with the District a certificate of survey prepared by a 37 registered land surveyor locating the finished wall. � 38 5.6 Criteria for Laying Sand along Shorelines and Streambanks. 39 5.6.1 Laying sand along shorelines and streambanks (a sandblanket) is permitted 40 only pursuant to a variance and is not allowed along streams or rivers. 41 5.6.2 The sand or gravel used must be clean prior to being spread. The sand must 42 contain no toxins or heavy metal, as defined by the Minnesota Pollution Control 43 Agency (MPCA), and must contain no weed infestations such as, but not limited to, Carnelian-Marine-St. Croix Watershed District Page 26 Rules 1 purple loosestrife, glossy buckthorn, reed canary grass and Eurasian watermilfoil, 2 or animal life infestations such as, but not limited to, zebra mussels 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 not 5 extend more than ten (10) feet waterward 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 20 10 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 impact" solution to a specific need with respect to all 14 other reasonable alternatives. 15 5.7 Required Exhibits. In addition to the District's standard applica#ion form, fees and 16 sureties, the following exhibits shall accompany a;permit application (one full-size; one set- 17 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 ownership 20 of the applicant; delineation of the existing shoreline; delineation of wetland 21 within the project area;' existing contour elevations (if available); and 22 locations and lineal footage:of the proposed rip`rap treatment; 23 (b) Cross-sectian detailing the proposed rip rap, drawn to scale, with the 24 horizontal and vertical scales noted on the drawing. The detail should show 25 the finished rip rap slope, transitional layer design and placement, distance 26 lakeward of the rip rap placement,'ordinary high water level elevation and 27 material specifications; ,. 28 (c) Description of the underlying soil materials that will support the rip rap 29 and, if the underlying soils will not support the rip rap, the recommendations 30 of a professional engineer registered in the State of Minnesota; 31 (d) Gradation, average diameter, quality and type of rip rap material to be 32 used (need rnust be demonstrated for use of rock larger than a Class III 33 'gradation, other than for buried toe boulders); 34 (e)''Gradation, quality and type of filter blanket material to be used 35 (normally, Type I gradation is sufficient); 36 (fl Manufacturer's material specifications for proposed geotextile fabric(s); 37 (g) Verification that materials used shall be non-polluting. 38 (h) Detailed planting plan for native vegetation planting element of the � 39 project. 40 (i) Plan for maintenance of riprap shoreline stabilization, if a long-term 41 permit is desired as indicated under Rule 5.2. 42 5.7.2 An application for a streambank structure or installation must contain the 43 following: Carnelian-Marine-St. Croix Watershed District Paqe 27 Rules 1 (a) Site plan prepared by a qualified professional registered in the State of 2 Minnesota showing property lines; the ordinary high water level (OHWL) 3 elevation and 100-year floodplain elevation; and existing streambank and 4 contour elevations up to the 100-year elevation, for at least 50 feet 5 upstream and downstream of the project location or for the reach for which 6 the project will affect flow conditions, whichever greater, or as otherwise 7 required by District staff; � 8 (b) Cross-section of proposed project including slope dimensions (length, 9 width, height) and distance waterward; 10 (c) Material specifications including plant species and whether species are 11 rooted, seed or cutting; 12 (d) Design calculations and documentation of structural stability, accounting 13 for physical and flow characteristics of the watercourse, by a professional 14 engineer registered in the State of Minnesota; and 15 (e) Detail of proposed site-specific erosion and sediment control practices. 16 (� Plan for maintenance of shoreline structure and shoreline stabilization, if 17 a long-term permit is desired as indicated under Rule 5.2. 18 5.7.3 A bioengineering application must confain the following: 19 � (a) Site plan and project plans that detail the.project setting in relation to 20 adjacent water body; 21 (b) Information sufficient to demonstrate ability=of installation to withstand 22 wind fetch-induced waves and current, including orientation of installation 23 relative to fetch-distance and Eurrent; 24 (c) Planfing planF planting list with species and planting density, and 25 specifications; 26 (d) Project#imeframe and schedule, including any work contingencies or 27 restrictions due to high water, and 28 (e) Inspection and maintenance schedule to ensure project success. 29 (f� Plan for'maintenance of bioengineering shoreline stabilization, if a long- 30 term permif is desired as indicated under Rule 5.2. 31 5.7.4 A variance application for retaining wall installation must contain a analysis of 32 alternative solutions in addition to the structuraVgeotechnical analysis prepared by 33 a professional engineer, practicing in civil engineering and registered in the State 34 of Minnesota,showing that the design conforms to accepted engineering principles 35 and will withstand expected ice and wave action and earth pressures. Recording 36 the location of the retaining wall on the title of the property is required. Submittal of 37 a plan for maintenance of the retaining wall is required. 38 5.7.5 A sandblanket application must contain the following: 39 (a) Site plan showing property lines, delineation of the work area, existing 40 elevation contours of the adjacent upland area, delineation of wetland 41 within the project area, ordinary high water elevation, and regional flood 42 elevation (if available), with all elevations reduced to National Geodetic 43 Vertical Datum (NGVD) (1929 datum); Carnelian-Marine-St. Croix Watershed District Paqe 28 Rules 1 (b) Profile, cross-sections and topographic contours (intervals no more than 2 two feet) showing existing and proposed elevations and proposed side 3 slopes in the work area; and 4 (c) Planting plan and site plan indicating area to be maintained in native 5 shoreline plants. 6 5.8 Exceptions. A permit is not required for removal of an ice ridge resulting from ice 7 action within the last year if: 8 (a) Not more than 200 feet of shoreline is affected; 9 (b) All ice ridge material that is composed of muck, clay or organic sediment is 10 deposited and stabilized at an upland site above the OHWL; 1 l (c) All ice ridge material that is composed of sand or gravel is removed as provided 12 above or graded to conform to the original cross-section and alignment of the 13 lakebed, with a finished surFace at or below the OHWL; 14 (d) No additional excavation or replacement fill material occurs on the site; 15 (e) All exposed areas are immediately stabilized as needed to prevent erosion and 16 sedimentation; and 17 (fl At least seven days notice is provided to the District. 18 5.9 Guidelines. The engineer shall publish or`make available to interested persons a 19 typical riprap cross-section for shoreline protection in compliance with this Rule. 20 5.10 Other Shoreline Improvements. Shoreline improvements not specifically 21 addressed by Rule 5.0 shall comply with accepted engineering principles. 22 23 6.0 WATERCOURSE AND. BASIN CROSSINGS 24 6.1 Policy. It is the policy of the District to discourage the use of lake beds and beds of 25 waterbodies for the placement of roads, highway's, and utilities in order to prevent the 26 transport of pollutants into the waterbody� preve`nt flood damage, and limit disturbance of 27 the lake or stteambed. 28 6.2 Regulation. No`person shall: use the beds of any waterbody within the District for 29 agricultural activity or the placement of roads, highways and utilities without first securing 30 a permit from the District. Watercourse and basin crossing activities may also require a 31 permit under Rule 7.0. 32 6.3 Criteria. Use of the bed shall: 33 6.3.1 Meet a demonstrated public benefit; 34 6.3.2 Retain adequate hydraulic capacity; 35 6.3.3 Retain adequate recreational navigation capacity; 36 6.3.4 Not adversely affect water quality; 37 6.3.5 Represent the "minimal impact" solution to a speci�c need with respect to 38 all other reasonable alternatives; and 39 6.3.6 Maintain the natural substrate of the stream bed. 40 6.4 Required Exhibits. The following exhibits shall accompany the permit application 41 (one set-full size; one set- reduced to maximum size of 11"x17"): Carnelian-Marine-St. Croix Watershed District Paqe 29 Rules l 6.4.1 Construction plans and specifications; 2 6.4.2 Analysis prepared by a professional engineer or qualified hydrologist 3 showing the effect of the project on hydraulic capacity and water quality; and 4 6.4.3 An erosion control plan 5 6.4.4 A restoration and mitigation plan. 6 6.5 Maintenance. A declaration or other recordable instrument stating terms for 7 maintenance of hydraulic and navigational capacity and approved by the District shall be 8 recorded in the office of the county recorder or registrar before permit issuance. In place 9 of recording, a public permittee or a permittee without a property interest sufficient for 10 recording may assume the maintenance obligation by means of a written agreement with 11 the District. The agreement shall state that if the ownership of the structure is 12 transferred, the owner shall require the transferee to comply with this subsection. 13 14 15 7.0 FLOODPLAIN AND DRAINAGE ALTERATIONS 16 7.1 Policy. It is the policy of the District to: 17 7.1.1 Promote the reasonable use of water resources, such that a landowner may 18 dispose of surface water only in a manner that rtloes not unreasonably burden 19 downstream landowners; 20 7.1.2 Preserve existing water storage capacity in the hundred-year floodplain of all 21 waterbodies and wetlands in the watershed to minimize the frequency and severity 22 of high water; 23 7.1.3 Promote land development that protects property investments by managing 24 development within and adjacent to the 1 QO year floodplain; and 25 7.1.4 Preserve the natural hydrology of landlocked basins to minimize flooding 26 risks to structures and ecological impacts within or downgradient of those basins. 27 7.2 Regulation. No person shall alter or fill land below the 100-year flood elevation of any 28 waterbody, wetland, or sformwater management basin, or place fill below the 100-year 29 flood elevation of a landlo�ked basin, without first obtaining a permit from the District. No 30 person shall alter stormwater flows at a property boundary by changing land contours, 31 diverting or obstructing su�face or channel flow, or creating a basin outlet, without first 32 obtaining a permit from the District. 33 7.3 Criteria for Floodplain or Drainage Alterations. 34 7.3.1 Floodplain filling must be accompanied by a replacement of flood volume 35 between the ordinary water level and the 100 year flood elevation except for 36 bioengineering and riprap projects permitted under Rule 5.0. The floodplain 37 mitigation area shall be calculated by a professional engineer registered in the 38 State of Minnesota or by a qualified hydrologist. 39 7.3.2 The construction of a stormwater basin or open stormwater conveyance, and 40 of any residential, commercial, industrial or institutional building, shall maintain: 41 (a) A separation of at least two feet between the lowest basement floor 42 elevation and the 100 year high water elevation; and Carnelian-Marine-St. Croix Watershed District Pa�e 30 Rules 1 (b) A separation of at least one foot between the lowest basement floor 2 elevation and an emergency overflow. 3 7.3.3 Within a landlocked basin, the separation cited in paragraph 7.3.2(a), above, 4 shall be at least three feet, unless the building is at least one foot above the basin 5 overflow. 6 7.3.4 The separation required by paragraphs 7.3.2 and 7.3.3 may be measured to 7 the lowest grade elevation in contact with the structure rather than the lowest 8 basement floor elevation if the following criteria are met: 9 (a) Geologic mapping and all available data sources indicate the adjacent 10 waterbody is not a surface expression of a regional water table but is a 11 perched groundwater system; � 12 (b) The basement floor elevation will be four(4)feet above the currently 13 observed ground water elevations in the area as demonstrated by two 14 borings or observation wells located between each structure and the 15 waterbody or basin; and 16 (c) The basement floor elevation will be finro (2) feet above the elevation of 17 any known historic high groundwater elevation for the area. ` 18 7.3.5 The District will issue a permit to alter.surface flows under paragraph 7.2, 19 above, only on a finding that the alteration will rlot"have an unreasonable impact on 20 an upstream or downstream landowner and will`nbt adversely affect flood risk, 21 basin or channel stability, groundwater hydrology, sfream baseflow, water quality 22 or aquatic or riparian habitat. 23 24 8.0 WETLAND MANAGEMENT 25 8.1 Purposes and Policy, It is t�ie policy of the District to: 26 8.1.1 Protect and irnprove the functions and diversity of the district's wetlands 27 and lay the g�oundwork to improve these resources. 28 ' 8.1.2 Educate property owners and the community on the value of water 29 resources. 30 8.1.3 Limit altering the natural water levels of wetland basins. 31 8.1.4 Protect buffer strips of vegetation around wetlands as effective 32 management tools for protecting wetland systems. Vegetated buffers provide 33 cover and nesting habitat for wildlife, reduce erosion into the wetland, provide 34 vegetative diversity, and reduce the amount of pollutants in runoff prior to 35 discharge into a wetland. 36 8.2 Applicability. The requirements of this section apply to all activities regulated by the 37 Wetland Conservation Act in a municipality where the CMSCWD Wetland Management 38 Plan standards are not adopted and implemented by one year after approval of the 39 CMSCWD Wetland Management Planunless an exception in section 8.10 applies.. 40 Municipalities may have incorporated the standards of Rule 8.0 and the CMSCWD 41 Wetland Management Plan into local ordinances; in this case, local ordinances apply 42 and Rule 8.0 does not apply. Carnelian-Marine-St. Croix Watershed District Page 31 Rules 1 8.3 Regulation. Before any activity described in § 8.2 commences, a wetland 2 management plan shall be submitted to the District in conformity with the requirements 3 of this Rule, and a permit shall be secured from the District. 4 8.4 Wetland Management and Buffer Standards. 5 8.4.1 Impact Avoidance. Avoidance of wetland impacts is the preferred 6 alternative. In situations of unavoidable impact, replacement after minimized 7 impacts may be permitted in accordance with section 8.6. 8 8.4.2. Livestock Access. Livestock Access is not allowed to wetlands in 9 Management Categories 1, 2, and 3. Livestock access is allowed for 5 years 10 following [the date of adoption of the CMSCWD Wetland Management Plan] for 11 wetlands in Management Category 4 that are currently being used for livestock 12 access or were used for livestock access 8 out of 10 years prior to 2008. 13 Wetlands in Management Category 4 that are proposed tq be used for Livestock 14 Access may be allowed livestock access according to an updated Wetland 15 Function and Value Assessment, after payment into the Restoration Fund.. 16 If wetlands in Management Categories 1; 2, or 3 have been used for Livestock 17 Access 8 out of the last 10 years, the landowner is encouraged to apply for cost 18 share monies from the District or Washingtori Conservation District (WCD) Best 19 Management Practices (BMP) program to establish best management practices 20 and establish an alternative watering source. 21 8.4.3 Water Appropriation. Any type�of water app�o{�dation and/or dewatering 22 practices are not allowed in High Valued Wetlands,of Management Categories 1, 23 2, or 3. A variance for temporary dewatering irrtipacts may be issued if all other 24 options have been exhausted. 25 8.4.4 Buffer �dths. Buffers are required around all replacement wetlands, with 26 the average''and minimum widths summarized in Appendix 12.1. 27 8.4.5 Buffer Creation. Na wetlands ma�r'be filled to create buffer. 28 8.4:�- Recre�tion Stantlards. All projects occurring with wetlands on the property 29 with existing trails currently used for landowner access to wetlands within buffer 30 ;zones and/or mitigated areas are allowed to retain those existing trails, unless 31 trails occur along a drainage swale. Existing trail areas not along a stormwater 32 path, but in an open field may be mowed for walking. Existing trails can not 33 cause any type of soil erosion, soil removal, or vegetation removal. An impacted 34 buffer area must be mitigated by payment into the Restoration Fund at a 1:1 ratio 35 to help fund water quality projects. 36 8.5 Wetland Delineations. 37 8.5.1 Delineation Method. Wetland Delineations must be performed according to 38 the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual 39 and corresponding U.S. Army Corps of Engineers (USACE) and Board of Water 40 and Soil Resources (BWSR) guidance. Applicants are encouraged to consult 41 with the LGU prior to the wetland delineation, especially in atypical situations, 42 problem areas, and/or delineations based on inconclusive hydrology. It is 43 incumbent upon the applicant to provide satisfactory documentation to support 44 wetfand boundaries, and that level of documentation is generally greater in 45 atypical situations and/or seasonal wetlands, particularly relating to hydrology. 46 The LGU will have final say as to the appropriate level of documentation. Carnelian-Marine-St. Croix Watershed District Page 32 Rules 1 8.5.2 Delineation Submittal Timinc�. Delineations must be submitted to the LGU 2 with ample growing season remaining for review. This decision is at the 3 discretion of the LGU, and could mean that submittals less than 60 days prior to 4 the end of growing season may be deemed incomplete until the following year's 5 growing season. Delineation reports submitted prior to the growing season will 6 be considered complete at the start of the growing season, and the 60 day 7 review process will begin at the start of the growing season. 8 8.5.3 Growina Season. For the purposes of this section, the growing season will 9 start on May 15 and end on October 15; however the final decision for these 10 dates is at the discretion of the LGU. 11 8.6 Wetland Impact Mitigation. 12 8.6.1 Impact Sequencina. Impacts to existing wetland areas must meet the 13 sequencing requirements as outlined under Minnesota Rules 8420.0520 14 °Sequencing.° 15 8.6.2 De minimis. This WCA exemption is`nullified under these Rules and the 16 CMSCWD Wetland Management Plan for all wetlands in' Management 17 Categories 1, 2, and 3. A permit and :contribution to the Restoration Fund is l8 required for the area of de minimis impact in wetlands in Management Category 19 4. _ . 20 8.6.3 Excavation. Mitigation is required for all excavation within wetlands in 21 Management Categories 1, 2, and 3. ,Excavation may be allowed for wetlands in 22 Management Category 4 if a Restorafion Fund payment is made in accordance 23 with section 8.6.5(d}. 24 8.6.4 Allowable Mitiaation Activities. `Actions available for mitigation credit are 25 outlined in Minnesota Rules 8420.0541. 26 8.6.5 Replacement Ratios. Landowners needing to "mitigate" or compensate for 27 wetland impacts must meet the required replacement ratios for wetland impacts 28 in addition to meeting the requirements of section 8.4.1. Full replacement and 29 enhancement. of all wetland functions is required. Replacement ratios (new 30 wetland area:impacted wEtland area) are as follows: 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)-2:1 for Impacts to wetlands in Management Category 3 34 (d) 1:1 #or Impacts to wetlands in Management Category 4 35 8.6.6 Location`of Replacement. Replacement must be located within the District 36 and as close as possible to the site of impact. Qualifying township, city, or 37 county road impacts may be mitigated outside of watershed under WCA via the 38 BWSR road replacement bank, however, the replacement ratios and restoration 39 fund payments required under Rule 8.0 still apply. 40 8.6.7 Restoration Fund. Landowners needing to "mitigate" or compensate for 41 wetland impacts must make a payment into the Restoration Fund in addition to 42 mitigation replacement ratios, and for excavation activities not regulated by WCA. 43 When a wetland is impacted and mitigated, the impacted buffer area must also 44 be mitigated by payment into the Restoration Fund at a 1:1 ratio. The 45 Restoration Fund payment �ate is determined and set by the Board of Managers Carnelian-Marine-St. Croix Watershed District Paae 33 Rules 1 by formal resolution. Payment ratios (area used to calculate payment:impacted 2 wetland area) are as follows: 3 (a) 6:1 for Impacts to wetlands in Management Category 1 4 (b) 4:1 for Impacts to wetlands in Management Category 2 5 (c) 2:1 for Impacts to wetlands in Management Category 3 6 (d) 1:1 for Impacts to wetlands in Management Category 4 7 Monies in the Restoration Fund will be paid to, administered by, and held by 8 Carnelian-Marine-St Croix Watershed District, and will be used by the District for 9 wetland restoration activities and other natural resource improvement that would 10 restore, protect, and/or improve wetland function. 11 8.8 Delineation of Buffer Zones. 12 8.8.2 A buffer shall be indicated by permanent markers at the buffer's upland 13 edge, with a design and text approved by District staff in writing. 14 8.9 Required Exhibits. The following items, submitted in duplicate, shal)°accompany all 15 permit applications submitted to the District pursuant to Rule 8.0: 16 8.9.1 Wetland Delineation report prepared in'accordance with section 8.5. 17 8.9.2 Site Plan showing: 18 (a) Property lines and corners and delineation`of lands under ownership of 19 the applicant. 20 (b) Location of all onsite and adjacent wetlands and water features,,including 21 the Management Category for each wetland according to the CMSCWD 22 Wetland Management Plan. 23 (c) Existin�;and proposed elevation,contours, including the existing overFlow 24 elevation. and flow capacity of �the wetland outlet, and spoil disposal 25 areas. 26 (d) Area of the wetland portion to be filled, drained, excavated, or othen+vise 27 altered. :: 28 (e) Location of:.all proposed wetland buffers and wetland mitigation. 29 8.9.3 Wetland Assessment data for each wetland according to the CMSCWD 30 Wetland Management Plan. If these data do not exist, then a Functions and 31 Values Assessment is required according to the protocol described in the 32 CMSCWD VNetland Management Plan. 33 8.9.4 Detailed explanation of the wetland buffer quality and buffer plans, 34 8.9.5 A replacement plan, if required, outlining the steps followed for the 35 sequencing process and including documentation supporting the proposed 36 mitigation plan. 37 8.9.6 An Erosion Control Plan. 38 8.9.7 A detail plan for proposed mitigation measures. 39 8.10 Exceptions. Carnelian-Marine-St. Croix Watershed District Paae 34 Rules 1 8.10.1 Normal maintenance of stormwater ponds constructed in non-wetland 2 areas, and channel maintenance of existing ditches and channels is exempt from 3 the requirements of section 8.6.3 if the activity is exempt under WCA. 4 8.10.2 State roads and highways are exempt from Rule 8.0, however, the District 5 strongly encourages MnDOT to comply with the conditions and intent of the 6 CMSCWD Wetland Management Plan. 7 8.10.3 Buffers around existing wetlands in Management Categories 1, 2, and 3, 8 and/or preservation of high quality wetland may be accepted in lieu of payment 9 into the Restoration Fund at the required ratios at the LGU's discretion. 10 11 Appendix 12.1 12 Summary of Minimum Buffer Standards 13 Wetland Average Buffer Minimum Buffer Management Width Width ` Category feet feet 1 100 100 2 75 :50 3 50 25 4 30 '-25 14 15 16 9.0 FEES 17 9.1 Policy,Findings:The Boacd of Managers finds that: � 18 .9.1.1 by encouraging applicants to seek permits for potential projects, the public 19 benefits by reduced>:inspection and enforcement costs; 20 9.1.Z it is in the public interest that certain projects, involving larger scale 21 development or development in sensitive locations, be inspected and analyzed 22 by District staff to 'provide the Board of Managers sufficient information to 23 evaluate compliance with District Rules and applicable law.; and 24 9.1.3 from time to time persons perform work requiring a permit from the District 25 without a permit, and persons perform work in violation of an issued District 26 permit. The costs of engineering inspection and analysis in such cases exceeds 27 those costs where the applicant has complied with District requirements. 28 9.2. Site Inspections. A site inspection by District staff shall be perFormed in the 29 following cases: 30 9.2.1 commercial, industrial, or multi-family residential developments; 31 9.2.2 major subdivisions; 32 9.2.3 any alterations of a floodplain; Carnelian-Marine-St. Croix Watershed District Paae 35 Rules 1 9.2.4 where any person performs any work for which a permit is required under 2 these Rules without having first obtained a permit from the District, or, performs 3 any work in violation of any terms or conditions of a permit issued by the District 4 under these Rules; or 5 9.2.5 any project which, due to its location, scope, or construction techniques, 6 requires inspection in order to determine compliance with District Rules and 7 applicable law. 8 9.3 Calculation of Fees. In all cases described in section 9.2, the applicant, or person 9 responsible for the violation, shall pay to the District a fee equal to the District's actual 10 costs of field inspection of the work, including investigation of the area affected by the 11 work, analysis of the work, services of a consultant, including engineering and legal 12 consultants, and any subsequent monitoring of the work, which in the case of a violation 13 are incurred after notice of violation from the District. 14 9.4 Escrow Deposit A review and inspection cash escrow deposit is due at the time of 15 application. The cash escrow shall be in the amount specified in the District's Fee 16 Schedule, as amended from time to time. Interest will not be paid on:the review and 17 inspection cash escrow deposit. 18 9.5. Violation Procedures and Payment of Fees. 19 9.5.1 The District shall notify any person performing work described in sub- 20 section 9.2.4 of this Rule of the violation. If a permit has not been issued for the 21 work, the person perForming the work shall prompt�y apply for a permit. The 22 Board reserves the right to increase'tFis permit fee a"s a penalty for work without 23 a permit. If a permit has previously been issued, the District shall rescind the 24 permit if it finds violations of permif terms. 25 9.5.2 On receipt of a permit application, exhibits and completion of any 26 necessary inspection and analysis showing that the work to be performed is in 27 accordance with District requirements, the District may issue a permit. On permit 28 approval, the District shall`n6t'►fy the permit applicant of the fee due. The fee shall 29 be paicf to the District within thirty,(30)`days from the date of permit approval. 30 9.5.3 In cases where the permit approved by the District requires further 31 monitoring of the project by, District staff or consultants, the District shall notify 32 the applicant of the monitoring fee due. The fee shall be paid to the District within 33 thirty:(30) days from the date of notice and failure to pay the fee shall constitute a 34 violation of the perrriit terms and the District may rescind the permit. 35 9.5.4 In cases where the fee due is not paid within thirty (30) days from the date 36 of notice, the District shall use the review and inspection fee cash escrow to 37 recover the permit review and inspection fee. 38 9.6 Recovery of Fee. The fee provided for in this Rule may be recovered by the District 39 by any legal action authorized by law. 40 9.7 Governmental Agencies Exempt. The fee provided for in this Rule shall not be 41 charged to any agency of the United States or any governmental unit in the State of 42 Minnesota. 43 44 Carnelian-Marine-St. Croix Watershed District Page 36 Rules 1 10.0 SURETIES 2 10.1 Policy. It is the policy of the District to protect and conserve the water resources of 3 the District by assuring compliance with the District's Rules in the perFormance of 4 activities within the District, and to assure compliance where necessary by requiring a 5 bond or other surety with a permit application that is conditioned on adequate 6 performance of the authorized activities and compliance with District Rules. 7 10.2 Form and Conditions of a Performance Bond or Letter of Credi� 8 10.2.1 The District may require a letter of credit, cash surety, or other bond or 9 surety in an amount and form approved by the District for an activity regulated 10 under these Rules. A commercial surety shall be from an issuer licensed and 11 doing business in Minnesota. The surety shall be :submitted by the permit 12 applicant but the surety principal may be either the landowner or the individual or 13 entity undertaking the proposed activity. 14 10.2.2 The surety shall be in favor of the District and conditioned on the 15 applicant's performance of the activities authorized in the permit in,compliance 16 with all applicable laws, including the District's Rules, the terms and:conditions of 17 the permit and payment when due of any fees or other charges autho�rized by 18 law, including the DistricYs Rules. The surety shall,state that in the event the 19 conditions of the surety are not met, the District may make a claim against it. 20 10.2.3 The surety must be valid and in force for afi.least a one-year period and 21 shall contain a provision that it may not be canceled or released except pursuant 22 to the terms of section 10.4 of these Rules:. 23 10.2.4 Interest will not be paid on a cash surety.; 24 10.3 Surety Amount. 25 The amount of the surety shall be:set by the Board of Managers by resolution as the 26 amount the Board deems necessary to cover the following potential liabilities to the 27 District: 28 (a)Application, field inspection, monitoring and related fees authorized under 29 Minn. Stat. § 103D.345; 30 (b)The cost of maintaining and implementing protective measures set forth in or 31 incorporated into the permit; and 32 (c) The cost of remedying damage resulting from permit noncompliance or for 33 which the permittee otherwise is responsible. 34 (d) No stormwater management facilities surety is necessary if the applicant can 35 demonstrate that the municipality has received a perFormance surety in an 36 amount equal to or greater than the amount required by the District. 37 10.4 Release of a Surety. On written notification of completion of a project, the District 38 will inspect the project to determine if the project is constructed in accordance with the 39 terms of the permit and District Rules. For a surety to be released, vegetation must be 40 established to a level that will provide the necessary level of soil stabilization. If the 41 project is completed in accordance with the terms of the permit and District Rules and 42 there is no outstanding balance for unpaid inspection fees, the District will release the 43 performance bond or letter of credit. If the District has not inspected the project and 44 made a determination about the project's compliance with the above criteria within 45 Carnelian-Marine-St. Croix Watershed District Paae 37 Rules 1 days of District receipt of written notification of project completion, the surety is deemed 2 released. In this event, the District will provide a w+riting releasing the surety if needed to 3 meet the issuer's requirements. 4 5 6 11.0 VARIANCES 7 11.1 Variances Authorized. The Board of Managers may hear requests for variances 8 from the provisions of these Rules in instances where their strict enforcement would 9 cause undue hardship because of circumstances unique to the property under 10 consideration. The Board of Managers may grant variances where it is demonstrated 11 that such action will be keeping with the spirit and intent of these Rules. A variance shall 12 contain conditions to prevent or mitigate adverse impacts from the activity. 13 11.2 Standard. In order to grant a variance, the Board of Manage�s shall determi�e that 14 the special conditions that apply to the structure or land in qaestion do not apply 15 generally to other land or structures in the DistriGt, that the granting of>the variance will 16 not merely serve as a convenience to the applicant, and that the variance will not impair 17 or be contrary to the intent of these Rules. A hardship cannot be created by the 18 landowner, the landowner's agent or representativ�,or a contractor, and must be unique 19 to the property. Economic hardship alone is not grounds for issuing a variance. 20 11.3 Term. A variance shall become void after one year after it is granted if the activity 21 requiring a variance is not initiated within one year unless the Roard grants an extension 22 of the variance. After the action requiring a variance is complete, the variance applies to 23 the completed action in perpetuity. 24 11.4 Violation. A violation`of any condition set forth in a`variance shall be a violation of 25 the District Rules and shall automatically terminate the variance. 26 27 28 12.0 ENFORCEMENT 29 12.1 Violation of Rules a Misdemeanor. Violation of these Rules, a stipulation 30 agreement made, an order. or a permit issued by the Board of Managers pursuant to 31 these Rules is a misdemeanor. 32 12.2 District Court Action.The Board of Managers may exercise all powers conferred 33 upon it by Minnesota Statutes Chapter 103D in enforcing these Rules, including criminal 34 prosecution, injunction, action to compel performance, restoration, abatement, or other 35 appropriate action. < 36 12.3 Administrative Order. The District may issue a cease and desist order when it 37 finds that a proposed or initiated project presents a serious threat of flooding, soil 38 erosion, sedimentation, or adverse effect on water quality or otherwise violates any Rule 39 of the District. 40 Carnelian-Marine-St. Croix Watershed District Paqe 38 Rules