07/25/2007 Env Bd Packet - Laserfiche WebLink

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V. RULE D: EROSION CONTROL PLANS The present rule requires an approved erosion control plan and District permit for "development, redevelopment or additions to an existing site" (Section 2). The terms "development" and "redevelopment," in turn, are defined, broadly, to include all "land - disturbing activity." This expansive language has created ambiguity, particularly in the case of certain minor land- and vegetation- disturbing activities. The District is proposing to replace this with a more definite standard that would require an erosion control permit for the stockpiling or movement of 50 cubic yards or more of erosive material or the disturbance of 5,000 square feet or more of soil or vegetation (Section 2). Ordinary farming activity would be excepted. These thresholds are one fairly common set of thresholds and, in the District's perception, are fairly well calculated to exempt minor activities but still require careful attention to some projects of limited scope, such as single - family house construction or substantial house additions, that still can cause significant harm if exposed soils are not managed thoughtfully. Further proposed changes are primarily to emphasize that both limiting erosion and limiting movement of sediments from disturbed sites are principal goals of erosion control plans. Several changes would clarify the existing requirements or tighten them in specific ways. In addition, the erosion control rule would be bolstered with the addition of inspection specifications and requirements and a stronger link to the Minnesota Pollution Control Agency- administered construction program. The rule would require a property owner to comply with the NPDES construction permit for the development (Section 5). The construction permit is administered by the Minnesota Pollution Control Agency, which has a limited ability to be vigilant as to local activity. The effect of this provision would be to give RCWD inspectors the ability to inspect for and respond to site control practices at odds with the NPDES permit. Other proposed changes include the following: • The erosion control plan would need to identify staging areas so that erosion control protections for those areas can be property evaluated (Paragraph 4(f)). • The present rule exempts certain activities from the requirement of an erosion control plan, namely industrial, commercial and multifamily residential 14 • •