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
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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
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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
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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
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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
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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
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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
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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
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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,
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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:
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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);
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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"):
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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
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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.
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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.
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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
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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.
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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;
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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
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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
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