10-03-2022 Council Work Session Packet

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3 4.1.2 Minnesota Pollution Control Agency (MPCA) – September 13, 2022 Permits and Approvals (Item 8) Comment: In accordance with Minnesota Statutes, the Project should include the MPCA as a regulator of all surface waters as defined by Minn. Stat. § 115.01, subd. 22 Waters of the state. Even though there may be surface waters that are determined to be US Army Corps of Engineers non-jurisdictional or exempt from the Wetland Conservation Act, all surface waters are regulated by the MPCA, and any surface water impact needs to be described in the application and may require mitigation. The scope of a Clean Water Act Section 401 Certification is limited to assuring that a discharge from a federally licensed or permitted activity will comply with water quality requirements. In addition, the applicant must also submit to the MPCA the Antidegradation Assessment in accordance with water quality standards Minn. R. 7050.0265 and should review the Antidegradation requirements in 7050.0285. The 401 Water Quality Certification becomes an enforceable component of the associated federal license or permit, issued under either Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. The scope of a Clean Water Act Section 401 Certification is limited to assuring that a discharge from a federally licensed or permitted activity will comply with water quality requirements. For further information about the 401 Water Quality Certification process, please contact Bill Wilde at 651-757-2825 or william.wilde@state.mn.us. Response: As noted in the permit table of the EAW (Table 5) all necessary permits, including the Section 401 Certification, will be received prior to development of this project. Water Resources (Item 11) Stormwater Comment: • The EAW states the proposed 158-acre residential development is in a 100-year floodplain. The EAW indicates that soil remediation for the construction will be required due to predominately hydric soils on the site and stormwater ponds will be constructed in lieu of infiltrating stormwater to meet volume reduction requirements. • The EAW should consider climate risks associated with increased rainfall regarding the proposed development that could result in the potential for increased flood risk. Filling of wetlands at the site and adding large areas of impervious surfaces is likely to alter the natural hydrology and increase this risk. Efforts to reduce stormwater volume and provide more climate resiliency should be considered. The Project proposer is strongly encouraged to utilize Low Impact Development strategies such as reducing impervious surfaces through use of narrower streets and sidewalks, stormwater reuse and green infrastructure practices