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HomeMy WebLinkAbout07/25/2007 Env Bd PacketCity of Lino Lakes Environmental Board Meeting July 25, 2007 6:30 p.m. AGENDA 1. Call to Order 2. Approval of Minutes June 27, 2007 3. Approval of Agenda 4. Open Mike 5. Action Items No Action Items at this time. 6. Discussion Items A. Rice Creek Watershed District Proposed Rules B Main Street Village Concept Plan — Azure Properties — PUD C. Blue Heron Days Parade D. Updates 7. Adjourn • • • • ENVIRONMENTAL BOARD MEETING JUNE 27, 2007 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT 1. 2. CITY OF LINO LAKES MINUTES : June 27, 2007 . 6:30 P.M. . 7:30 P.M. : Mary Jo O'Dea, Peter Brown, Paula Andrzejewski and Alan Traylor : Barbara Bor, Martha DeHaven and Kimberly Brouillet : Environmental Coordinator Marty Asleson, CALL TO ORDER Ms. O'Dea called the meeting to order at 6:30 p.m. APPROVAL OF MINUTES May 30, 2007 Ms. O'Dea had a change on page 2, seventh paragraph. Add the word sample, sentence to read: Ms. O'Dea asked to review a conservation sample easement document. Change on page 3, fourth paragraph. Change the word less to greater Mrs. Andrzejewski had a change on page 5, first paragraph. Change to read Ms. Brow n to Mr. Brown. Mr. Brown made a motion to approve the May 30, 2007 minutes with changes. Ms. Andrzejewski seconded the motion. Motion carried unanimously. 3. APPROVAL OF AGENDA 6. DISCUSSION ITEMS to be moved on agenda above 5. ACTION ITEMS. Ms. Andrzejewski made a motion to approve amended agenda. Mr. Brown seconded the motion to approve agenda. Motion carried unanimously 4. OPEN MIKE Open mike closed at 6:37 p.m. 5. ACTION ITEMS A. Moon Marsh 1 DRAFT MINUTES ENVIRONMENTAL BOARD MEETING JUNE 27, 2007 Mr. Asleson presented his staff report and attachments. Mr. Wessel, developer applied for a Conditional Use Permit for Planned Unit Development at 8300 East Rondeau Lake Road, to subdivide his current property. Mr. Asleson noted that Rice Creek Watershed has issued a Conditional Use Permit for Moon Marsh pending changes. Mr. Asleson presented and reviewed a report on the Results of Rare Plant Survey by Jason Husveth of Critical Connections Ecological Services, Inc. Mr. Husveth noted that the archeologically report has been completed along with the SWPPP (Surface Water Pollution Prevention Plan). All proposed infiltration shall be protected and fenced off prior to construction. Ms. O'Dea questioned if this area is in the conservation easement and if so will there be restoration of this area. Mr. Asleson stated if Clean Water Act monies become available, we would like to obtain the ability to do restoration. If money does not become available, we could find money for a burn once in awhile. Ms. O'Dea questioned if the existing septic system would stay. Mr. Wessel stated his septic works very well. He will keep it in place until the system fails or becomes a problem. At that time he will hook up to the community septic. Mr. Wessel stated the homes on this property will have no basements. More than likely the homes will have flat roofs to control the rain gardens and natural landscaping. The intent is to have natural lawns not have manicured lawns. Mr. Husveth stated there are higher quality wet lands on this property. It does not take much management to bring some of these areas back from a low diversity system to a high system, which were present 100 years ago. It is about taking things from a natural state and ramping up the diversity. Mr. Wessel has been working with Mr. Husveth on his expertise with wet land design. Mr. Husveth recommends going with a shallow base and the city seed mix. He stated this site is fantastic for a project like this. He stated the homes will be slab on grade honoring the hydrology. Ms. O'Dea questioned if there is a way to measure the natural high water. Mr. Husveth stated the lakes have numbers assigned to them but at this time Rondeau Lake does not. He thinks the issue on this property is a discrepancy of three feet. It is very important to get these numbers right so more fill does not have to be brought in. Mr. Asleson stated a ten foot separation is required between a delineated wet land and any type of structure. He stated minimize fill is critical. 2 DRAFT MINUTES • • ENVIRONMENTAL BOARD MEETING JUNE 27, 2007 Ms. O'Dea and Mr. Brown stated this is a very nice plan. Mr. Asleson stated the infiltration design may need to be modified. Items to add to Staff Recommendations: Estimate needed on high water — Mr. Asleson stated this item is up to the DNR to provide this. Mr. Brown made a motion to move forward to Planning & Zoning Board with recommendation. Mrs. Andrzejewski seconded the motion. Motion carried unanimously. 6. DISCUSSION ITEMS A. Conservation Easement Marshan Meadows — Board members were emailed and/or mailed a sample conservation easement agreement of Marshan Meadows to review. Conservation easement agreement is a legal document. It is an agreement to do certain things, restrict certain things and requires a reason why you want to do it. Mr. Asleson stated this particular agreement is a little more restricted than others. Ms. O'Dea asked how many conservation easements the city is maintaining at this time. Mr. Asleson stated maybe a half dozen at this time. We have stewardship plans for some and maintenance plans for others. Ms. Andrzejewski suggested before and after pictures of conservations easement areas would be a good thing to put on the website. B. Blue Heron Days — Mr. Asleson stated we could use the City's Polaris Ranger ATV with cart for the parade. Walter's Recycling will donate rolling trash bins for garbage. Ms. Hogstad will email Kira Brouillet to see if she would be interested in making a sign. Mr. Brown mentioned he has an ATV if we need it. C. Updates on the Blue Herons. Mr. Asleson stated there are newly flashed trees. Six birds and two nests were destroyed during a recent storm that passed through Lino Lakes. 7. ADJOURN It was noted that the next meeting of the Environmental Board will be on July 25, 2007. 3 DRAFT MINUTES ENVIRONMENTAL BOARD MEETING JUNE 27, 2007 There being no further business, Mr. Traylor moved to adjourn at 7:30 p.m. Mr. Brown seconded the motion. Motion carried unanimously. Transcribed by: Lisa Hogstad Community Development Secretary 4 DRAFT MINUTES • • • • • • Memo Environmental To: Lino Lakes Environmental Board From: Marty Asleson Date: July 25, 2007 Re: Public Comments /Proposed New Rules and Regulations The Rice Creek Watershed District proposed rule changes are out for public comment. Comments must be received by August 1, 2007. A copy of the proposed changes is enclosed, and comments from Connie Taillon of TKDA concerning the rule changes. Connie will be at the Environmental Board meeting to go through the proposed rule changes and address comments and concerns. • Page 1 TKDA 0ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292 -0083 Fax www.tkda.com To: James E. Studenski, P.E. Reference: Rice Creek Watershed District Copies To: Proposed Rules City of Lino Lakes, Minnesota Proj. No.: 13809.000 From: Connie J. Taillon, P.E. Routing: Date: July 18, 2007 Below is a summary of proposed changes to the current Rice Creek Watershed District (RCWD) rules. Attached are the documents that provide information on the proposed RCWD rules. They are entitled: 1. Rice Creek Watershed District Rules 2. Rice Creek Watershed District Statement of Need and Reasonableness (SONAR) The major revisions to the present RCWD rules, adopted August 12, 1998, are as follows: Rule C: Stormwater Management Plans Regulation Current: New development, redevelopment, or additions to an existing site less that 2.5 acres for industrial, commercial, and multi -unit residential, are exempt from the rules unless it is near a floodplain or specified waterbody (Paragraph 2 and Paragraph 6(a)). Proposed: The proposed rule would reduce the scope of the exemption so that it would apply to new development, redevelopment, linear projects, or additions to an existing site at least 1 acre in size for industrial, commercial, and multi -unit residential (Paragraph 2(a)). Current: For site redevelopment at which less than 50% of the total site area (including any road right -or- way) will be disturbed, water quality ponding will be required only for areas being disturbed (Section 6(d)). Proposed: The proposed rule would require that water quality requirements will apply to all impervious surfaces if the site redevelopment either (a) would disturb 50% or more of the impervious surfaces or (b) would increase impervious surface by 50% or more. The extent of disturbance is defined as the area of exposure to underlying soils (Paragraph 2(e)). IllCurrent: There is no language in the current rules addressing mill and overlay projects. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Mr. James E. Studenski Page 2 July 18, 2007 Rice Creek Watershed District Rules City of Lino Lakes, Minnesota Proposed: Mill and overlay work on roads or other linear projects that does not create additional impervious surface are exempt from Rule C permit requirements (Paragraph 2(g)). Water Quality and Volume Control Current: The current rules require detention basins for water quality treatment (Paragraph 3(J)), and states a preference for a regional approach to management (Paragraph 1(a)). Proposed: The proposed rules focus on promoting on -site stormwater management by maximizing infiltration on individual sites through Better Site Design practices and advanced stormwater management to control runoff volume increases (Paragraph 1(a)). For certain site conditions where infiltration is not feasible and detention basins are required, RCWD retains its preference for regional basins (Paragraph 3 (b)(i)(a)). Current: Development resulting in the creation of impervious surfaces must infiltrate the impervious surface runoff from the Minneapolis- St.Paul median storm (0.34 inches) in 72 hours (Paragraph 3(k)). A separate provision requires treatment to the National Urban Runoff Program (NURP) standard of 50% phosphorus removal through stormwater detention (Paragraph 30(1)). Proposed: The proposed rules would combine these two criteria into a single standard requiring infiltration or where not feasible, detention, that will infiltrate and/or retain the runoff generated by the two -year (2.8- inch) storm event over the entire contributing area under proposed conditions (Paragraph 3(b)(ii)(b)). Infiltration basins are required to draw down within 48 hours from the end of the storm event (Paragraph 3(c)(i)(b)). The specific requirements are as follows: 1) For sites with Hydrologic Soil Group (HSG) soil type A or B, the stormwater management plan must meet this criteria through infiltration for that part of the site where type A or B soils exists. (Paragraph 3 (b) (ii) (b)). 2) Where infiltration is not feasible (i.e. soils do not support infiltration, inadequate separation from the groundwater table, presence of known or suspected contaminated soils), filtration is the preferred treatment method. (Paragraph 3(b)(ii)(d)). For sites with soils that do not promote infiltration (type C and D soils), the stormwater management plan shall focus on incorporation of water quality BMP's. The order of preference for BMP's is biofiltration, filtration, wetland treatment system, extended detention basin, and NURP Ponding (Paragraph 3(b)(ii)0). 3) The runoff volume infiltration/detention design standard for runoff from the 2.8 -inch storm event is modified as follows: a) Linear projects creating one (1) or more acres of increased impervious surface will be required to employ BMP's designed to retain the volume equal to the runoff from a 2.8- inch, 24 -hour storm under proposed conditions. (Paragraph 3(b)(ii)(J)). • • • . Mr. James E. Studenski Page 3 July 18, 2007 Rice Creek Watershed District Rules City of Lino Lakes, Minnesota • b) For linear projects creating less than one (1) acre, rural to urban section and expansion/reconstruction, the proposed rules would drop the infiltration requirement to runoff from 0.8 inch rainfall event. (Paragraph 3(b)(ii)(c)). c) For existing impervious surface required to be treated during redevelopment pursuant to Paragraph 2(e), which states that water quality requirements will apply to all impervious surfaces if the site redevelopment would disturb 50% or more of the impervious surfaces, the standard is the 0.8 -inch event. (Paragraph 3(b)(ii)0). Peak Flow Management Current: Stormwater runoff rates for the proposed project must not exceed "pre- project" runoff rates for the critical 1 -year or 2 -year and 100 -year frequency events (Paragraph 3(b)). Pre - project runoff rates are currently calculated using curve numbers that correspond to the land use of the site just prior to development or redevelopment (existing conditions). Proposed: Stormwater runoff rates for the proposed project must not exceed "pre- settlement" runoff rates for the critical 2 -year and 100 -year frequency events for those site areas not covered by impervious surfaces in the pre - existing condition. The revised rule would define the pre- settlement condition as a prairie with the following curve numbers: 30 for Hydrologic Soil Group (HSG) A, 58 for HSG B, 71 for •commuthty HSG C, and 78 for HSG D soils (Paragraph 3(b)(iiz)). • Current: The current standards do not impose bounce or inundation period standards for wetlands except for landlocked basins. Proposed: RCWD is proposing storm bounce and inundation period restrictions for all wetlands within the watershed district based on wetland susceptibility classes. Proposed bounce and inundation standards for the RCWD wetland susceptibility classes are as follows (Paragraph 3(b)(iv)): Highly susceptible wetland Pre - development Existing Existing Moderately susceptible Pre - development + 0.5 feet Existing plus 1 day Existing plus 2 days Slightly susceptible wetland Pre - development + 1.0 feet Existing plus 2 days Existing plus 14 days Least - susceptible wetland /Lake No limit Existing plus 7 days Existing plus 21 days Mr. James E. Studenski Page 4 July 18, 2007 Rice Creek Watershed District Rules City of Lino Lakes, Minnesota Flood Protection for Structures Current: Low floor elevations of all new construction maintain a separation of two feet (2') above the 100 -year event water elevation of a natural or artificial waterbody and 1 foot (1') above the emergency overflow of the waterbody. Within landlocked basins, lowest floor elevations must be at least one foot above the overflow elevation (Paragraph 30)). Proposed: All new structures and stormwater basins must be constructed so that the lowest floor and lowest entry elevations comply with the following table: The proposed rule would also revise the land locked basin low floor requirement to allow a structure to be permitted below the basin outlet if the low floor elevation is at least two feet (2') above the water level of both the 100 -year, 10 -day snowmelt and back -to -back 100 -year, 24 hour events (Paragraph 3(c)(v)). Rule D: Erosion Control Plans Current: A permit and an erosion control plan are required for new development, redevelopment, or additions to an existing site (Paragraph 2). Proposed: A permit and an erosion control plan is required for the grading, excavation, filling, or stockpiling of more than fifty(50) cubic yards of erosive material or the disturbance or removal of vegetation on five thousand (5,000) square feet or more of land. Farming activity would be excepted (Paragraph 2). Rule F: Wetland Alterations Current: Any proposed wetland disturbance not subject to WCA is evaluated by the RCWD under general criterion that prohibits activity that would "change the character" of a wetland without preserving wetland quantity, quality, and biological diversity (Paragraph 3(d)). Proposed: The proposed rule would subject such activities to specific WCA and additional criteria. The terms of RCWD regulation would further be refined as follows: Regional Elevations Local Detention Basins & Wetlands Infiltration Basins Mottled Soils 100 -yr EOF 100 -yr EOF Bottom 100 -yr EOF per borings Low Floor 2 -ft 1 -ft 0 -ft NA 0 -ft NA NA 3 -ft Low Entry NA NA 2 -ft 1 -ft NA 2 -ft 1 -ft NA The proposed rule would also revise the land locked basin low floor requirement to allow a structure to be permitted below the basin outlet if the low floor elevation is at least two feet (2') above the water level of both the 100 -year, 10 -day snowmelt and back -to -back 100 -year, 24 hour events (Paragraph 3(c)(v)). Rule D: Erosion Control Plans Current: A permit and an erosion control plan are required for new development, redevelopment, or additions to an existing site (Paragraph 2). Proposed: A permit and an erosion control plan is required for the grading, excavation, filling, or stockpiling of more than fifty(50) cubic yards of erosive material or the disturbance or removal of vegetation on five thousand (5,000) square feet or more of land. Farming activity would be excepted (Paragraph 2). Rule F: Wetland Alterations Current: Any proposed wetland disturbance not subject to WCA is evaluated by the RCWD under general criterion that prohibits activity that would "change the character" of a wetland without preserving wetland quantity, quality, and biological diversity (Paragraph 3(d)). Proposed: The proposed rule would subject such activities to specific WCA and additional criteria. The terms of RCWD regulation would further be refined as follows: . Mr. James E. Studenski Page 5 July 18, 2007 Rice Creek Watershed District Rules City of Lino Lakes, Minnesota (1) The District will regulate wetland alterations that do not require replacement under WCA rules and do not qualify for one of the specific exemptions in Minnesota rules 8420.0122 according to the rules and procedures of WCA, except as specifically provided in this Rule. Alteration under this paragraph requires replacement to ensure no loss of wetland quantity, quality, or biological diversity. Notwithstanding, replacement in the form of vegetative and hydrologic restoration of a degraded wetland will be credited in the amount of twice the acreage restored (Paragraph 4(c)). (2) A wetland alteration not subject to WCA that does not change the type or function of a wetland and that preserves wetland quantity, quality, and biological diversity is exempt from the replacement requirement (Paragraph 4(d)). In addition to the wetland replacement plan components and procedures in WCA, the following criteria also are proposed to apply to wetland replacement under both WCA and RCWD standards, as applicable: (1) Sequencing avoidance minimization replacement analysis would be required to address each contiguous wetland area separately (Paragraph 5(a)). (2) At least 50% of the area of disturbed wetland would need to be replaced by wetland of the same type (Paragraph 5(c)). OP) • To receive New Wetland Credit, replacement wetland must be accompanied by protected vegetated buffer at least 25 feet in width at all points (Paragraph 5(b)). The buffer may be credited as Public Value Credit. (4) To qualify for New Wetland Credit replacement, wetland must be designed to meet specified slope limits at the wetland edge (Paragraph 5(e)). Rule G: Bridges and Culvert Crossings Current: Crossings must preserve hydraulic capacity equivalent to the existing condition (Paragraph 3). Proposed: Where the Board of Managers has not established an official profile, the proposed rule would state in the permit that the permittee bears the risk that the structure later may be found to be an obstruction within the meaning of the ditch law, and, in the event it is later found that the structure lies above the official profile, to protect benefited lands from a claim that the crossing structure was approved by the ditch authority and therefore, not subject to the ditch authority's power of direct removal (Paragraph 3). IRICIE CREEK WATERSHED DISTRICT June 13, 2007 4325 Pheasant Ridge Dr. NE #611 • Blaine, MN 55449 -4539 Phone: 763 - 398 -3070 • Fax: 763- 398 -3088 www.ricecreek.org Notice of Public Comment Period and Public Hearing Rice Creek Watershed District Proposed Rules and Regulations Contact Person: Carl Almer, Acting Administrator, 763- 398 -3070, calmer @eorinc.com Enclosed for public review and comment are the proposed revised rules of the Rice Creek Watershed District. Two rules documents are provided. One document shows the revised rules as they would appear if adopted. The second is a redlined version showing proposed changes from the current rules. In addition, the enclosed "Statement of Need and Reasonableness" (SONAR) is intended to facilitate public review by summarizing and clarifying the proposed changes and the basis for those changes. The current rules were adopted on August 12, 1998. Rule implementation since that time has led to recognition of a number of issues that the rules do not address or do not address clearly. Many of the proposed changes would refine and clarify the present rules. A number of other proposed changes reflect and incorporate new Rice Creek watershed data and more effective approaches to water resource management as they have evolved over the past nine years. The proposed changes are fairly comprehensive and the District encourages the careful review and input of interested parties.' The District invites submission of written comment on the proposed changes. Comments may be submitted by mail, email or fax and must be received by August 1, 2007. Comments should be submitted to: Attn: Cart Almer, Acting Administrator Rice Creek Watershed District 4325 Pheasant Ridge Drive NE, Suite 611 Blaine MN 55449 -4539 Fax: 763- 398 -3088 Email: calmer @eorinc.com State and regional resource protection agencies, local governments and potentially regulated parties are particularly invited to engage in a review of these proposed rules for the purpose of making them as resource - protective as possible without creating excessive administrative costs or placing an undue burden on property owners. Comments on specific provisions in the proposed rules and how they may apply in practice are most useful. Similarly, criticisms are most valuable when accompanied by suggested alternative language or a suggested alternative regulatory approach. In addition to receiving written public comment, the District will hold a public hearing at the Council Chambers, City of Shoreview, at 7:00 p.m. on July 11, 2007, at which time all interested persons will have the opportunity to address the District Board of Managers concerning the proposed revisions. The District will consider carefully all comments and make appropriate changes to the proposed revisions before adoption. Enclosures 1 No changes are proposed to Rule M or Rule RMP-1, adopted recently to govern activity within parts of the Anoka County Ditch 53- 62 system. BOARD OF MANAGERS Barbara A. Haake Ramsey County Rick A. Mastell Anoka County Susan R. Oven Donald J. Steinke John J. Waller Ramsey County Anoka County Washington County Printed on 60% recycled. 30% posrconsumer paper using vegat sble based mks. Rice Creek Watershed District Proposed Rules and Regulations Distribution List RCWD Board of Managers City Managers /Administrators /Clerks within RCWD Townships within RCWD Anoka County TMO Hennepin County Public Works Facility Chris Lord, Manager, Anoka Conservation District Terry Johnson, County Administrator, Anoka County Doug Fischer, County Engineer, Anoka County Highway Department Jeff Perry, Natural Resources Specialist, Anoka County Parks & Rec. Thomas Haluska, Assistant Anoka County Attorney Steve Woods, Board Of Water And Soil Resources Karen Kill, Administrator, Browns Creek Watershed District Mark Doneux, Administratoi, Capitol Region Watershed District John Bower, President, Carnelian- Marine Watershed District Jim Hafner, City of Blaine Bryan Bear, City of Hugo Tim Kelly, Administrator, Coon Creek Watershed District Leonard C. Ferrington Jr. Ph.D., University of Minnesota Department of Entomology Joe Kurcinka, Regional Director, Department of Natural Resources Travis Germundson, Department of Natural Resources Gerald Larson, Department of Transportation Paul Bolstad, University of Minnesota Dept. of Forest Resources Dick Stehr, Director, Engineering Services Catherine Garra, EPA Kevin Gray, Director, Finance and Administration, MnDOT Whitney Clark, Friends of the Mississippi River Richard P. Johnson, Acting County Administrator, Hennepin County Beth D. Neuendorf, P.E., Metro District Water Resources Engineer Jack Frost, Metropolitan Council Judy Sventek, Metropolitan Council Eric Evenson, Administrator, Minnehaha Creek Watershed District Janette Brimmer, Minnesota Center for Environmental Advocacy Timothy Larson, Minnesota Pollution Control Agency Lou Flynn, Minnesota Pollution Control Agency Molly Zins, Minnesota Water MN Department Of Agriculture Art Persons, MN Dept Of Health Kevin Bigalke, Administrator, Nine Mile Creek Watershed District Tom Petersen, Ramsey Conservation District David J. Twa, Ramsey County Manager, Ramsey County Court House Kenneth G. Haider, P.E., Director and County Engineer, Ramsey County Public Works Cliff Aichinger, Administrator, Ramsey - Washington Metro WD Tim Fell, Army Corps of Engineers Tamara Cameron, Army Corps of Engineers Michael Casanova, President, Riley- Purgatory Creek Watershed District Stephen Schneider, General Manager, Saint Paul Regional Water Service Steve Gatlin, Chair, Six Cities Water Management Organization Nick Rowse, U.S. Fish and Wildlife Service Stephanie McNamara, Administrator, Vadnais Lake Area Water Management Organization David Bucheck, President, Valley Branch Watershed District James Riggs, Washington Conservation District Jyneen Thatcher, Washington Conservation District James Schug, County Administrator, Washington County Amanda Goebel, Washington County Transp. & Physical Dev. Donald C. Wisniewski, P.E., Director, Washington County Transp. & Physical Dev. John Freitag, Washington County Transp. & Physical Dev. Donald J. Theisen, P.E., Washington County Transportation Division Richard S. Gwynn, RCWD Advisory Committee Mary Jo Truchon, RCWD Advisory Committee Gary Baumann, RCWD Advisory Committee Barbara Liukkonen, RCWD Advisory Committee Vince Niemczyk, RCWD Advisory Committee Patricia Preiner, RCWD Advisory Committee Karen Eckman, RCWD Advisory Committee Douglas A. Hall, RCWD Advisory Committee Thomas Hefty, RCWD Advisory Committee Emil Kucera, RCWD Advisory Committee Wayne LeBlanc, RCWD Advisory Committee Dave Stibbe, RCWD Advisory Committee • • • • • • RICE CREEK WATERSHED DISTRICT STATEMENT OF NEED AND REASONABLENESS Proposed Revisions to Rice Creek Watershed District Rules June 13, 2007 PUBLIC HEARING WILL BE HELD ON July 11, 2007 I. BACKGROUND This Statement of Need and Reasonableness ( "SONAR ") presents a summary of proposed changes to the following rules of the Rice Creek Watershed District: • Rule A: Definitions • Rule B: Procedural Requirements • Rule C: Stormwater Management Plans • Rule D: Erosion Control Plans • Rule E: Floodplain Alteration • Rule F: Wetland Alteration • Rule G: Bridges and Culvert Crossings • Rule H: Shoreland Development • Rule I: Drainage Systems • Rule L: Variances A number of the proposed changes would simply clarify provisions of the present rules and explicitly incorporate certain interpretations of the rules as they have been consistently applied by District staff. In addition, a number of substantive rule changes are proposed. This document does not note a number of the more minor proposed changes or cover all details of the proposed revisions. The interested reader is directed to the accompanying rule text that shows all proposed changes in redline. The District's present rules were adopted on August 12, 1998. A number of changes, some more substantial and some less so, follow from the District's nine years of experience applying those rules. Many of the proposed changes clarify present standards, incorporate explicitly into the Rules interpretations that have developed • over time, and address gaps or specific problem areas that have come to light during application of the rules over the past nine years. The District invites all interested parties to submit written comment on the proposed changes. Comments must be received by August 1, 2007. State and regional resource protection agencies, local governments and potentially regulated parties are particularly invited to engage in a review of these proposed rules for the purpose of making them as resource - protective as possible without creating excessive administrative costs or placing an undue burden on those subject to them. Comments on specific provisions in the proposed rules and how they may apply in practice are most useful. Similarly, criticisms are most valuable when accompanied by suggested alternative language or a suggested alternative regulatory approach. In addition to a 45 -day period for receipt of written comment, the District will hold a public hearing at the Council Chambers, City of Shoreview, at 7:00 p.m. on July 11, 2007, at which time any interested person will have the opportunity to address the District Board of Managers concerning the proposed revisions. The District will consider carefully all comments and make appropriate changes to the proposed revisions before adoption. The legal authority for the District's Rules derives from Minnesota Statutes Chapters 103B and 103D. Under Minnesota Statutes § 103D.341, subdivision 1, watershed districts must adopt rules "to accomplish the purposes of [the watershed act] and to implement the powers of the managers." These purposes include, among others, conservation of water for public uses; controlling erosion and siltation of lakes, streams and wetlands; and protecting water quality in these bodies. Minn. Stat. § 103D.201, subd. 2. District managers are further authorized to regulate and control the use of water within the watershed district and regulate the use of streams and watercourses to prevent pollution. Id. § 103D.335, subds. 10 and 16. Finally, watershed districts in the Twin Cities metropolitan area are authorized to regulate the water resource impacts of land use and development where local government units have not adopted district - approved local water management plans. Id. § 103B.211, subd. 1; § 103D.335, subd. 23. District rules, and revisions to those rules, must be adopted by a majority vote of the Board of Managers, after public notice and hearing. Id. §103D.341, subd. 1(a). Before adoption, a copy of the proposed rules must be provided to the Minnesota Board of Water and Soil Resources (BWSR) and all public transportation authorities for a 45 -day period of review and comment. Id. §103D.341, subd. 1(b). 2 • II. RULE A: DEFINITIONS A number of minor changes are proposed to clarify language in the District's current definitions. Specifically, the definition of "ordinary high water level" (OHWL) is supplemented to state that where the Minnesota Department of Natural Resources has established an OHWL for a public water, the RCWD will consider that to be the OHWL. In addition, the definition of setback would be modified to note that in some cases a setback from a watercourse is measured from the OHWL, and in other cases from the centerline. Definitions also would be added for the following terms: • Better Site Design • Channel • Mill and Overlay • NPDES Permit • Several terms would be deleted because with the proposed changes, those terms no longer would appear in the Rules. III. RULE B: PROCEDURAL REQUIREMENTS Clarification, simplification and the introduction of flexibility where appropriate underlie the changes to Rule B. The proposed rule urges property owners to contact RCWD staff to discuss the project before submitting an application (Section 1). The RCWD would like to work proactively with potential applicants as a way of making the permitting process more transparent and effective for property owners. The rule also would add language (Section 3) emphasizing that outstanding unfulfilled compliance items must be minimal before an application is brought forward to the Board of Managers for permit approval. The Board intends to adopt, by resolution, a policy more specifically governing when applications will be considered ready for Board review and action. The proposed rules include a number of other small changes and clarifications. These include the following: • • The term "CAPROC" (Conditional Approval Pending Receipt of Changes) is explained (Section 5). Until now a CAPROC has not explicitly been limited in duration. Under the proposed rule, a CAPROC would expire in 12 months if pending conditions are not met, requiring a property owner to reapply in order to proceed with the work. • The requirement to submit proof that permit applications have been submitted to other regulatory entities (present Section 9) would be deleted. It is a property owner's responsibility to identify and obtain all required permits. • The present rule requires a complete application to include the project surety (Section 3). Recognizing that the surety amount might not be determined until the project design is finalized and that there is not a need for a surety before work begins, the District proposes to delete this requirement. Instead, a surety would need to be submitted before an approved permit is issued. • Language would be added (Section 6) to clarify that the RCWD has the authority to amend the conditions of a permit on renewal, if new circumstances warrant. For the first renewal, a permit would not be subject to change due to a change in the Rules themselves; in other words, for three years a permittee would be assured that an approved development design is deemed in accordance with District requirements. • At present, any surety requirement of Tess than $5,000 must be met with a cash surety for the purpose of administrative handling. The proposed rule would raise this figure to $10,000 (Paragraph 9(b)). • The proposed rule would provide for the Board of Managers, by resolution, to delegate permitting authority to the District Administrator (Section 3). This revision contemplates the Board's exploring permitting efficiencies by authorizing District staff to issue permits for certain activities. Finally, on April 27, 2005, the RCWD Board of Managers adopted Resolution 2005 -06 revising Rule B to remove the schedule of permit fees from the rule. Instead, the permit fee schedule is adopted and adjusted from time to time by Board resolution. The proposed rule would also remove surety amounts from the rule and provide, similarly, for those amounts to be set and adjusted by Board resolution (Section 9). 4 • • IV. RULE C: STORMWATER MANAGEMENT Proposed changes to the stormwater rule reflect advances in the science of and approach to stormwater management generally and the technical recommendations of the District Engineer in particular. The focus has shifted in part away from managing the impacts of development at the "end of the pipe" to rethinking project design in order to decrease the impacts that need to be managed. The emphasis on ponding and regional treatment has given way to a better understanding of infiltration systems and their ability to manage stormwater onsite. Under the proposed rule, stormwater Best Management Practices would be evaluated with more sensitivity to site - specific conditions, and specific terms for runoff volume and water quality management on public roadway work and similarly constrained linear public projects would be added. A. Introduction Under pre - settlement conditions, a portion of any precipitation event infiltrates the soil column. Water filtering into the soil recharges groundwater and feeds groundwater - dependent natural resources. As the soil becomes saturated, excess water flows over the land as runoff and collects in rivers, streams, lakes, wetlands, and other low areas. The type of soil and its vegetative cover can alter the volume of infiltration. Bare clay, for instance, typically has a higher volume of runoff than sandy soil covered with dense grass. Under developed conditions, less rainfall is able to filter into the soil column. Roadways, roofs, sidewalks, compacted lawns and parking lots all reduce the amount of water that can infiltrate into the soil. Changing the course that water travels following a precipitation event amounts to an alteration of the hydrologic cycle. Under pre - settlement conditions, only a small percentage of total rainfall enters streams and other water bodies as surface runoff. Most rainfall evaporates, is taken up by plants and released through transpiration, or infiltrates. Infiltrated water either discharges to streams or travels deeper into soils to replenish groundwater aquifers. Development activities lead to the removal of vegetation and the creation of impervious surfaces, resulting in less water moving though the system as interflow or groundwater, and reduced evaporation /transpiration. The percent of rainfall entering streams and other water bodies as surface runoff increases greatly as imperviousness within the watershed increases. Increased volumes of surface runoff can degrade the stability and function of rivers and streams, increase pollutant Toads, and lead to flooding, especially in landlocked basins. • Conversely, increased runoff volume means decreased infiltration of water into the soil and groundwater. Groundwater baseflow supports drinking water sources and the function and value of groundwater- dependent natural resources. Percolation through soils also allows natural systems to remove pollutants from groundwater that may be withdrawn for use or that ultimately will emerge in surface waters. The most substantial proposed changes are directed largely toward protecting the integrity of the groundwater system. B. Applicability The stormwater rule would be reorganized to be more readily understandable. Instead of a simple clause applying the permit requirement broadly, with substantial exceptions at the end of the rule, the proposed rule would more carefully define permit applicability up front and reduce the exceptions section substantially (Section 2). The applicability section would specifically define the permit requirement for residential, commercial and industrial development and redevelopment. The rule would continue to apply to other forms of land disturbance (including roadways and trails) through the broad introductory clause. Two substantive changes would be made to the permit applicability language: • Presently, industrial, commercial or multifamily residential development on a site smaller than 2.5 acres is exempted from the rule unless it is near a floodplain or specified waterbody. The proposed rule would reduce the scope of this exemption so that it would apply only to development on a site smaller than one acre (Paragraph 2(a)). The exception from the permit requirement for single - family residential development would remain for sites smaller than five acres (Paragraph 2(b)). • In the case of site redevelopment where less than 50 percent of the site is being disturbed, the present requirement to detain and treat the 2.5 -inch storm within a basin applies only to that part of the site being disturbed. The rule proposes to change this, so that the detention /infiltration requirement will apply to all site hard surface if the proposal either (a) would disturb 50 percent or more of existing hard surface or (b) would increase hard surface by 50 percent or more (Paragraph 2(e)). However, while the additional hard surface would be subject to 6 • • the 2.8 -inch infiltration /retention standard, existing surface would be subject only to an 0.8 -inch standard (Paragraph 3(b)(ii)(c). Finally, the rule specifically would exempt pure mill and overlay work on roads or other linear projects from the permit requirement (Paragraph 2(g)). C. Volume Control and Water Quality A prominent focus of this rule revision is to promote on -site stormwater management for purposes of water quality and local water resource and habitat protection. In addition, on -site management can be more cost - effective and require less maintenance than downgradient "end of pipe" controls. The present rules require construction of detention basins for stormwater management (Paragraph 3(f)) and state a preference for a regional approach to management (Section 1). The proposed rules, instead, state a policy to "[m]aximize infiltration on individual sites through Better Site Design practices and advanced stormwater management to control runoff volume increases" (Section 1). The rules, however, do recognize that for certain site conditions, it will be infeasible to fully infiltrate on site and that water quality and peak flow management will require use of a National Urban Runoff Program (NURP) pond (designed to hold the 2.5 -inch storm event) or other basin. In this case, absent local groundwater concerns the District retains its preference for regional basins as they are more efficient from a land use perspective and more reliably maintained (Paragraph 3(b)(i)(a)). Further, the District recognizes that some existing basins were designed, built and funded to provide for regional treatment under certain build -out assumptions. While this does not make development within the contributing area immune from the evolution of stormwater management standards, the District intends to take these circumstances into account (Paragraph 3(b)(i)(a)). The present rule requires the use of Best Management Practices to meet the criterion of infiltrating the median (0.34 -inch) storm within 72 hours (Paragraph 3(k)). A separate provision (Paragraph 3(f)) requires treatment to the National Urban Runoff Program (NURP) standard of 50 percent phosphorus removal through stormwater detention. • Under the proposed rule, these criteria would be combined into a single standard requiring infiltration, or where not feasible detention, of the two -year (2.8 -inch) storm 7 • event (Paragraph 3(b)(ii)(b)). For sites with Hydrologic Soil Group (HSG) soil types A and B, the emphasis will be on infiltration. For sites with HSG soil types C and D, biofiltration and detention will be permitted to a greater extent. A property owner would be required to present an explicit analysis of site design practices that will limit impervious cover, preserve natural areas and retain the natural infiltration capacity of a property (Paragraph 3(b)(ii)(a)). If site volume retention and water quality criteria cannot be met because of unsuitable soils, high groundwater or circumstances that make infiltration undesirable (e.g., site contamination), a property owner then should seek to utilize biofiltration or filtration methods. Only after those methods have been explored may a property owner resort to detention in a natural or artificial basin as a means of meeting water quality criteria (Paragraph 3(b)(ii)(a), (e)). The existing requirement for use of a detention basin would be deleted. A prominent addition to the stormwater rule would be a separate set of volume control and water quality criteria for linear projects, such as roads and trails, built by road authorities and other public bodies (Paragraph 3(b)(ii)(f)). Because these projects very frequently involve constrained right -of -way in developed areas, infiltration may be challenging. Further, roadways and similar linear surfaces require periodic resurfacing or reconstruction and are subject to minor alterations. Applying the standard criteria to these activities in many cases would impose an expense on communities disproportionate to the work being undertaken and could create incentives for units of government to defer ordinary infrastructure maintenance. Accordingly, the proposed rule would subject a linear project to the standard criterion - infiltrating or retaining the 2.8 -inch storm -- if the project would create an acre or more of new impervious surface. However, if the project would not meet this threshold, if it involves simply conversion to urban section (curb and gutter), or if it involves expanding or reconstructing an existing roadway /trail, facilities need be sized only to capture the 0.8 -inch rain event. Again, mill and overlay without an increase in surface area would not be subject to the rule. Proposed site design practices and Best Management Practices will need to conform to standard reference documents. However, the proposed rule also would incorporate certain specific design criteria. First, pretreatment will be required before discharge to infiltration (Paragraph 3(c)(i)). Pretreatment lengthens the performance period of an infiltration practice and reduces its maintenance frequency. Numerous studies have observed that infiltration practices are susceptible to soil clogging and can fail due to the absence of pretreatment. 8 Over time, an infiltration practice will need to be regularly maintained to restore its original infiltration capacity. Restoration may include actions such as removal of the top layer of material, removal and replacement of a gravel filter or deep tilling. The purpose of the pretreatment requirement is to protect the infiltration system from clogging before scheduled maintenance and to protect groundwater from contamination. Pretreatment would include any Best Management Practice that removes settleable or particulate material or other contaminating pollutants. In addition, the proposed rule: (a) requires a 48 -hour drawdown time; (b) mandates at least three feet of separation from the seasonal high water table; and (c) requires that design provide for maintenance access (Paragraph 3(c)(i)). D. Peak Flow Management Under the present rule, a property owner must ensure that under the proposed condition, the peak rate of stormwater runoff at the parcel boundary will not exceed the "pre - project" rate for the one -, two- and 100 -year, 24 -hour storm events (Paragraph 3(b)). The rule requires that an applicant use hydrologic modeling to determine the difference in peak runoff rate from the pre - project to the proposed condition, and take measures to maintain the rate at the pre - project condition. The RCWD proposes to amend the rule to require post - project peak flow to be held to the "pre- settlement," rather than "pre- project," peak rate (Paragraph 3(b)(iii)). The goal of stormwater management is to mimic natural conditions -- and the natural dynamic equilibrium -- as much as possible to cause the least impact to downstream resources. Requiring proposals to meet the "pre- settlement" condition will provide a higher level of protection that more closely approaches the conditions that sustained the District's resources in the past. This modeling assumption will apply to those parts of a site with hard cover. If the site already has hard cover in the pre - development state, that hard cover may be reflected in modeling the pre - development condition. "Pre- project" curve numbers (numbers reflecting the proportion of precipitation that moves as surface runoff) typically are those for pasture, open space, and woods -grass uses (Table 1). 9 Table 1: Curve Numbers Typically Used to Calculate Stormwater Runoff Under Pre - Development Conditions Hydrologic Sol/ Group A B C 0 Runoff Curve Number for Pasture in Good Condition 39 61 74 80 Runoff Curve Number for Open Space in Good Condition 39 61 74 80 Runoff Curve Number for Woods -Grass in Good Condition 32 58 72 79 The revised rules would define the "pre- settlement" condition as a prairie community at the time preceding the European settlement of Minnesota, as defined by the Marschner map (USDA, 1974). The Marschner map is used extensively in Minnesota as a reliable reference on pre - settlement land condition. Specific curve numbers to be used in modeling pre - settlement runoff are included in the rule and are as shown in Table 2: Table 2: Curve Numbers to be used to Calculate Stormwater Runoff from Upland Areas Under Pre - Settlement Conditions Hydrologic Soil Group A B C D Runoff Curve Number for Prairie Communities 30 58 71 78 The pre - settlement curve numbers proposed by the RCWD are slightly lower than those identified for the pre - development condition, meaning that the revised rule will result in lower maximum allowable peak flows. For permit applicants, the extent of the burden resulting from this change will depend on the site's soil types, pre - development condition, and proposed final land uses. Comments are solicited on the impact of this modeling change on the feasibility and cost of stormwater management. One impact of increased peak flow rates is disruption of a receiving waterbody's natural pattern of water elevation fluctuation, which can destabilize vegetation, promote erosion and injure highly valued fringe habitat. In addition to a peak flow criterion, the proposed rule would protect against harmful elevation changes (bounce) or increases in inundation directly by adopting the limits on increases in bounce and inundation period recommended by the Minnesota Stormwater Advisory Group in its 10 • • "Stormwater and Wetlands Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Stormwater and Snowmelt Runoff on Wetlands" (1997) (Paragraph 3(b)(iv)). This management schematic classifies wetlands into four categories of vulnerability (susceptibility) and applies bounce and inundation period limits accordingly. E. Flood Protection for Structures The present rule requires that the low floor of all new construction maintain a separation of two feet above the 100- year -event water elevation of a natural or artificial waterbody and of one foot above the emergency overflow of the waterbody (Paragraph 3(j)). Within a landlocked basin, low floor elevations must be at least a foot above the basin outlet. The proposed rule would restate and somewhat revise these freeboard requirements (Paragraph 3(c)(v)). As proposed, the requirement for separation above the 100 -year high water elevation and above the emergency overflow must be met for both low floor and low entry elevations. Four categories of water feature are specified, each with its own requirements for low -floor and low -entry separation from water elevations: regional flood elevations, local basins and wetlands, infiltration basins and mottled soils. In addition, the rule would allow more flexibility for building in landlocked basins. A structure would be permitted below the basin outlot if the property owner demonstrates that the low -floor elevation is at least two feet above the water level of both the 100 -year, 10 -day runoff event and back -to -back 100 -year, 24 -hour rainfall events. Finally, the RCWD currently applies its freeboard requirements to the design of stormwater treatment basins constructed adjacent to existing structures, although the language of the rules is not fully clear on this. The proposed rule would clarify that the freeboard rule applies in such situations. F. Modeling Protocol The proposed rule also would clarify and refine the protocol for modeling stormwater flows as a part of the permitting process. The proposed changes include the following: 11 • Modeling must conform to Technical Release #20 of the U.S. Department of Agriculture, Natural Resources Conservation Service, and subsequent guidance, and composite curve numbers may not include directly connected impervious surface (Paragraph 3(a)(i)). • The critical 100 -year precipitation events are explicitly defined as the 24 -hour rainfall and the 10 -day snowmelt (Paragraph 3(a)(iii)). • Stormwater modeling for the peak flow and volume criteria need only consider the two -year and 100 -year critical events, and not the one -year event (Paragraph 4(i)). Also, application submittal requirements would be amended to require soil borings in the locations of all proposed stormwater management facilities (Paragraph 4(d)). G. Easement Requirements and Facility Maintenance Obligations The stormwater rule presently requires an applicant to provide an easement for District review and approval. The proposed rule would clarify the easement requirement (Paragraph 4(m)). First, it would state clearly that a flowage easement is required over the area inundated by the 100 -year, 24 -hour storm for all surface elements of the stormwater system and all on -site floodplain. Second, it would clarify that the easement is for the benefit of the land use authority, in accordance with the nearly universal practice to require easement dedication as a part of platting or municipal development approval. The District does not wish to require property owners to convey duplicative easements. Third, however, the rules would explicitly require that an easement on a public ditch be a minimum of 33 feet on each side of centerline, and that the District's ability to enforce this restriction be established. As ditch authority, the District holds right -of- way for public ditch systems and must keep the area adjacent to its ditches clear so that maintenance can be performed. It was widespread practice at the time the District's public systems were established, early in the previous century, for right -of- way to be set at 66 feet (four rods) on centerline for maintenance access. At this time, some landowners may not be mindful of this constraint. The rule would provide a reminder. 12 • • • • • The proposed rule also would correct the existing provision concerning the obligation to maintain stormwater management facilities. This provision imposes on the property owner a perpetual maintenance responsibility, but says this may be fulfilled either through a maintenance agreement or by municipal acceptance of "the required easements." This language does not reflect the intent of the rule or how it has been consistently applied. The correction (Paragraph 3(c)(vi)) would clarify: • That property owner assumption of maintenance occurs through execution and recordation of a declaration or similar instrument that establishes permanent maintenance responsibility and runs with the property; and • That municipal assumption of the perpetual maintenance responsibility does not require an easement conveyance. Instead, a municipality that wishes to assume responsibility must outline its maintenance program in the local water management plan it is required by law to prepare, and the District must approve the program. Thereafter, a simple written commitment to maintain the facilities in question, by an appropriate municipal official, will suffice. Finally, the rule would incorporate the existing, but not explicit, District requirement to provide certified as -built surveys and drawings of stormwater facilities on final site stabilization (Paragraph 3(c)(vii)). These confirm construction and installation in accordance with the approved design and ensure that sedimentation and other construction -phase disturbances have been rectified. They also provide a baseline for later maintenance. H. Exceptions As noted earlier, the exceptions section will be greatly simplified by expanding the applicability section of the rule. In addition, two existing exemptions would be deleted. First, consistent with the earlier- discussed shift from detention to infiltration, because a detention basin no longer is required, the existing exemption from the detention basin requirement (present Paragraph 6(g)) would be deleted. Secondly, the existing provision waiving the freeboard requirement for certain short- duration floods (present Paragraph 6(h)) is deleted and superseded by the comprehensive freeboard provisions of the proposed rule. 13 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 • • • development on a site smaller than 2.5 acres, and single - family residential development on a site smaller than five acres (present Section 5). The proposed rule would delete this exemption and require all development meeting the applicable threshold to incorporate adequate erosion and sediment control precautions. • Permanent infiltration facilities require more care during construction to avoid soil compaction, soil surface smearing and sedimentation. District practice has been to include conditions in the permit for this purpose. The proposed rule would explicitly require the erosion control plan to address this need (Paragraph 3(e)). • The proposed rule clarifies the property owner's responsibility to inspect and maintain erosion and sediment control practices until a site is finally stabilized or the permit is assigned or transferred (Paragraph 6(c)). The specific requirement to inspect after each 0.5 -inch rainfall would be deleted. • A specific criterion for "final stabilization" - 70 percent density of vegetation and . ground cover - would be established (Paragraph 7(a)). • As proposed, the application would need to include a copy of any Stormwater Pollution Prevention Plan the property owner has prepared pursuant to an NPDES permit. VI. RULE E: FLOODPLAIN ALTERATION The primary change to the floodplain rule would be to substantially simplify it by departing from the present approach, which establishes two separate floodplain sectors within the watershed (present Section 3). Instead, the rule would impose a uniform standard requiring replacement, within the same floodplain, of any flood storage capacity lost by filling between the ordinary high water level and the 100 -year flood elevation (Paragraph 3(a)). The rule also would set explicit timing requirements on flood storage replacement: on- site replacement would need to be provided within the permit term, while off -site replacement would need to occur before any floodplain filling (Paragraph 3(a)). • The proposed rule also poses a provision that would allow fill or encroachment within the flood fringe where there is a formal delineation of floodway accepted by the 15 • Federal Emergency Management Agency and the municipality regulates flood fringe activity (Paragraph 3(a)). Comments are invited as to whether such an exception, or a similar one, would properly balance respect for local land use interests with the flood protection, safety and habitat benefits of preserving floodplain. The rule also would align the easement requirement of Section 4 more closely with its floodplain preservation purposes. The present rule limits the width of the required flowage easement so that it many cases it will not encompass the entire protected floodplain. Under the proposed rule, the easement would need to encompass the floodplain. Further, presently minimum widths are prescribed for easements on Rice Creek, Hardwood Creek, Clearwater Creek, public ditches and major drainageways within the watershed (the last term defined in Rule A as "any drainageway having a tributary area of 200 acres or greater "). The basis for the particular widths specified is not clear. In the same way as is proposed for the stormwater rule (see above), the rule would be revised to require a minimum easement width only on public ditches, and set the minimum width at 33 feet each side of centerline. As explained above, the purpose of this minimum width is to remind property owners of the need to keep ditch right -of -way clear for maintenance access. Finally, the following minor changes would be made: • The policy statement (Section 1) would be refined. • The existing prohibition on the construction of hard surface within the designated groundwater recharge area of the Prairie du Chien Gordan formation would be continued (Paragraph 3(b)). However, the exception would be narrowed so that roads and trails, but not "other recreational improvements," would be permitted. • The authority of the RCWD to require soil borings as part of an application would be clarified (Paragraph 5(g)). • The encroachment created by riprap or other shoreline stabilization structures would not be treated as floodplain fill requiring replacement, provided the structure has been approved by the District (Section 6). The rule indicates that the District's approval will rest on its determination that the proposed structure addresses a real stabilization need, that it is structurally sound, that it is designed to encroach no further than necessary and that it will not adversely change hydraulic forces as they may affect other properties. The reason for this 16 • exception is to not discourage property owners from taking steps necessary to protect shorelands from erosion and destabilization. VII. RULE F: WETLAND ALTERATION The wetlands rule would be extensively revised, in the main to reflect the field and project- review experience of RCWD staff. A number of criteria, particularly concerning the performance of wetland delineations and replacement requirements, would be added to supplement the Minnesota Wetland Conservation Act (WCA) and apply as well to RCWD permitting of wetland disturbance not subject to WCA. Under the present rule, any proposed wetland disturbance not subject to WCA is evaluated by the RCWD under a general criterion that prohibits activity that would "change the character" of a wetland without preserving wetland quantity, quality and biological diversity (present Paragraph 3(d)). The proposed rule would subject such activities to a replacement requirement subject to specific WCA and additional criteria (Paragraph 3(b)). The terms of RCWD regulation would be further refined as follows: • Replacement for non -WCA impacts would be required at a ratio of 1:1 (an acre of replacement wetland for each acre of disturbed wetland) (Paragraph 3(c)). However, replacement in the form of the restoration of degraded wetland would receive double acreage credit. The purpose of this provision is to create an incentive for wetland restoration. The RCWD believes that all other things being equal, wetland restoration is more likely than new wetland creation to succeed, and further that the function and value of restored wetland is more predictable. The proposed replacement, though, still would need to demonstrate preservation of wetland quality and function equivalent to that lost as a result of the wetland disturbance. • Replacement would not be required for a wetland disturbance that does not change wetland type, function, quantity, quality or biological diversity (Paragraph 3(d)). The following criteria also are proposed to apply to wetland replacement under both WCA and RCWD standards, as applicable: • Sequencing (avoidance, minimization, replacement) analysis would be required • to address each contiguous wetland area separately (Paragraph 5(a)). 17 • • At least 50 percent of the area of disturbed wetland would need to be replaced by wetland of the same type (Paragraph 5(c)). • To receive New Wetland Credit, replacement wetland must be accompanied by protected vegetated buffer at least 25 feet in width at all points (Paragraph 5(b)). The buffer may be credited as Public Value Credit. • To qualify for New Wetland Credit, replacement wetland must be designed to meet specified slope limits at the wetland edge (Paragraph 5(e)). The RCWD also proposes to require that where wetland disturbance is proposed for a project involving subdivision, any replacement wetland must be located on an outlot and protected from potential encroachment by a physical barrier such as an existing wetland, stormwater facility or other permanent physical feature (Paragraph 5(d)). The intent of this provision is to address the tendency for property owners or residents to act on expectations of property access and use and gradually to encroach on "passive" lands over time. Comment is particularly welcomed from developers and local units of government on the extent to which this limitation would present platting or development challenges. The rule also would delete the existing specific criterion limiting use of wetlands for stormwater storage or treatment (present Paragraph 3(c)). Instead, all such proposed use would be reviewed by the RCWD under the general requirement of Paragraph 3(d) limiting actions that would affect the character, quantity, quality or biological diversity of wetlands. The rule also would clarify that in order to be used for replacement for another project, any replacement credits would need to be designated for banking, and properly deposited, in accordance with WCA requirements (Paragraph 5(f)). This includes designation for banking in an original banking plan prior to creation. The rule would permit use of such credits before they actually are finally accepted for deposit into the state wetland bank if the application for their use is submitted and complete Tess than two years after their construction and the District finds that allowing the use is appropriate after considering the comments of the WCA Technical Evaluation Panel. Finally, the proposed rule would clarify the submittal requirements and the numbers of copies of particular documents that must be submitted. 18 • VIII. RULE G: BRIDGES AND CULVERT CROSSINGS Proposed Rule G adds a clarification with respect to crossings or culverts on public ditch systems (Section 3). The present rule requires structures to preserve hydraulic capacity "equivalent [to the] existing condition." Benefited lands draining to a ditch system, generally speaking, have a legal right to the hydraulic capacity corresponding to the ditch as originally constructed. This may or may not correspond to the "existing condition." For example, a culvert being replaced may have been installed erroneously at an elevation above the as- constructed profile. Under state law, the owner of a culvert or other crossing structure is responsible to ensure its structure does not obstruct a public ditch and must bear the cost to remove an obstruction. At the same time, if much time has passed since it last was necessary to reestablish the full as- constructed profile, the details of this profile may not be immediately available to the District as ditch authority, or the permittee. The District undertakes formal proceedings to establish this official profile when necessary for larger -scale hydraulic or hydrologic work within the contributing area of a ditch system, but these proceedings and the engineering investigations on which they are based can be time consuming and expensive. Accordingly, the District cannot perform this work for each culvert crossing that is proposed. Where the Board of Managers has not established the official profile, the District's practice has been to advise the permittee of this and to state in the permit that the permittee bears the risk that the structure later may be found to be an obstruction within the meaning of the ditch law. The proposed rule would state this explicitly, to ensure the applicant understands the risk it will assume, and - in the event it is later found that the structure lies above the official profile -- to protect benefited lands from a claim that the crossing structure was approved by the ditch authority and therefore not subject to the ditch authority's power to direct removal. IX. RULE H: SHORELAND DEVELOPMENT The Shoreline Development rule has been entirely deleted, reflecting the effective coverage of this area by municipal shoreland ordinances. X. RULE I: DRAINAGE SYSTEMS • 19 • Rule I is unchanged, other than a clarification of exhibit dimensions and a reminder that certain procedures and approvals under the ditch law, Minnesota Statutes Chapter 103E, may be required in addition to a District permit. XI. RULE J: APPROPRIATION OF PUBLIC WATERS No change is proposed. XII. RULE K: ENFORCEMENT Rule K would be revised to clarify that if work is in violation of District permit requirements, the District may issue an order both to cease non - complying work and to take steps to remedy the violation and address any harms resulting from the violation. XIII. RULE L: VARIANCES Rule L is amended to provide that a variance expires with the expiration of the CAPROC or permit of which it is a part. 20 • Rice Watershed istrict RLES DRAFT DOCUMENT 1 CERTIFICATION OFPROPOSED RULES I, Andrew J. Cardinal, Sr., Secretary eMhe Rice Creek Watershed copy of the Rules of the Rice Creek Waters ado, • - : - ... . •agers of the R�� ioe -peck Watershed District. and correct Dated- August 26, 1998 (Issued for Public Review June 13, 2007) TABLE OF CONTENTS CERTIFICATION GENERAL POLICY STATEMENT RELATIONSHIP TO MUNICIPALITIES RULE A: DEFINITIONS RULE B: PROCEDURAL REQUIREMENTS 1. Application Required. 2. Forms. 3. Action by Board of Managers. 4. Issuance of Permits. 5. Permit Term. 6. Permit Assignment. 7. Permit Fees. 8. Performance Surety. 9. Other Permits and Approvals. RULE C: STORMWATER MANAGEMENT PLANS 1. Policy. 2. Regulation. 3. Design Criteria for Stormwater Management Plans. 4. Required Exhibits. 5. Platting or Easement Documents. 6. Exceptions. RULE D: EROSION CONTROL PLANS 1. Policy. 2. Regulation. 3. Design Criteria for Erosion Control Plans. 4. Required Exhibits. 5. Exceptions. DRAFT DOCUMENT 2 Page # 4 4 5 5 7 10 13 • • • • • RULE E: FLOODPLAIN ALTERATION 1. Policy. 2. Regulation. 3. Criteria for Floodplain Alteration. 4. Drainage Easements. 5. Required Exhibits. RULE F: WETLAND ALTERATION 1. Policy. 2. Regulation. 3. Criteria. 4. Local Government Unit. 5. Required Exhibits. 6. Exceptions. RULE G: BRIDGES AND CULVERT CROSSINGS 1. Policy. 2. Regulation. 3. Criteria. 4. Required Exhibits. 5. Exceptions. RULE H: SHORELAND DEVELOPMENT 1- Policy. 2. Regulation. 3. Criteria. 4. Required Exhibits, 5-. Exceptions. RULE I: DRAINAGE SYSTEMS 1. Policy. 2. Regulation. 3. Criteria. 4. Required Exhibits. 5. Exceptions. 1:44-L-E d: APPROPRIATION QF ° L-I-G ` "T AT€RS 4. Poticy. 2-: Rem. 3. Criteria, RULE K: ENFORCEMENT 1. Violation of Rules a Misdemeanor. 2. District Court Action. 3. Administrative Order. RULE L: VARIANCES 1. Variances Authorized. 2. Standard. 3. Term. 4. Violation. DRAFT DOCUMENT 3 CERTIFICATION OF RULES 1, Susan Oven. Secretary of the Rice Creek Watershed District Board of Managers, certify that the attached is a true and correct copy of the Rules of the Rice Creek Watershed District having been properly adopted by the Board of Managers of the Rice Creek Watershed District. Dated: GENERAL POLICY STATEMENT The Rice Creek Watershed District (District) is a political subdivision of the State of Minnesota, established under the Minnesota Watershed Law. The District is also a watershed management organization as defined under the Minnesota Metropolitan Surface Water Management Act, and is subject to the directives and authorizations in that Act. Under the Watershed Law and the Metropolitan Surface Water Management Act, the District exercises a series of powers to accomplish its statutory purposes. The Districts general statutory purpose is to conserve natural resources through development planning, flood control, and other conservation projects, based upon sound scientific principles. As required under the Metropolitan Surface Water Management Act, the District has adopted a Watershed Management Plan, which contains the framework and guiding principles for the District in carrying out its statutory purposes. It is the District's intent to implement the Plan's principles and objectives in these rules. Land alteration affects the rate, volume, and quality of surface water runoff which ultimately must be accommodated by the existing surface water systems within the District. The watershed is large, 201 square miles, and its outlet, Rice Creek, has limited capacity to carry flows. Flooding problems already occur in the District's urbanized areas along lower Rice Creek and other localized areas. Land alteration and utilization also can degrade the quality of runoff entering the streams and waterbodies of the District due to non -point source pollution. Lake and stream sedimentation from ongoing erosion processes and construction activities reduces the hydraulic capacity of waterbodies and degrades water quality. Water quality problems already exist in many of the lakes and streams throughout the District. Projects which increase the rate or volume of stormwater runoff can aggravate existing flooding problems and contribute to new ones. Projects which degrade runoff quality can aggravate existing water quality problems and contribute to new ones. Projects which fill floodplain or wetland areas can aggravate existing flooding by reducing flood storage and hydraulic capacity of waterbodies, and can degrade water quality by eliminating the filtering capacity of those areas. In these rules the District seeks to protect the public health and welfare and the natural resources of the District by providing reasonable regulation of the modification or alteration of the District's lands and waters to reduce the severity and frequency of flooding and high water, to preserve floodplain and wetland storage capacity, to improve the chemical, physical and biological quality of surface water, to reduce sedimentation, to preserve waterbodies' hydraulic and navigational capacity, to preserve natural wetland and shoreland features, and to minimize public expenditures to avoid or correct these problems in the future. DRAFT DOCUMENT 4 • • RELATIONSHIP OF RICE CREEK WATERSHED DISTRICT TO MUNICIPALITIES The District recognizes that the primary control and determination of appropriate land uses is the responsibility of the municipalities. Accordingly, the District will coordinate permit application reviews involving land development with the municipality where the land is located. The District intends to be active in the regulatory process to ensure that its water resources are managed in accordance with District goals and policies. Municipalities have the option of assuming a more active role in the permitting process after adoption of a local water management plan approved by the District and adoption and implementation of local ordinances consistent with the approved plan. The District will also review projects sponsored or undertaken by municipalities and other governmental units, and generally will require permits et the for governmental projects impacting water resources of the District. These projects include but are not limited to, land development and redevelopment, road, trail, and utility construction and reconstruction. The District desires to serve as technical advisor to the municipalities in their preparation of local surface water management plans and the review of individual development proposals prior to investment of significant public or private funds. To promote a coordinated review process between the District and the municipalities, the District encourages the municipalities or townships to contact the District early in the planning process. RULE A DEFINITIONS For the purposes of these rules, the following words have the meanings set forth below. References in these rules to specific sections of the Minnesota Statutes include any amendments, revisions or recodification of those sections. Beds of protected waters - all portions of pretestedpublic waters and public waters wetlands located below the ordinary high water level. Best management practices (BMPs) - measures taken to minimize negative effects on the envirenmentwater resources and systems as documented in the Minnesota Construction Site Erosion and Sediment Control Planning Handbook (MBWSR, 1988) --andf Protecting Water Quality in Urban Areas (MPCA, 1989) and the Minnesota Stormwater Manual (MPCA, 2006). Better Site Design — a set of development or redevelopment site- design principles and techniques that seek to mimic natural conditions by soaking water into the ground close to where it falls, minimizing impervious areas to reduce overall runoff volume, reducing connected impervious areas. and reservin natural drain e atterns and surfaces. Channel — a perceptible natural or artificial depression, with a definite bed and banks that confines and conducts water flowing either continuously or periodically. Criteria - specific details, methods and specifications that apply to all permits and reviews and that guide implementation of the District's goals and policies. DRAFT DOCUMENT 5 • • • • • Detention basin - any natural or man -made depression that stores storm - water runoff temporarily. Development - any proposal to subdivide land, any land disturbing activity or creation of impervious surface, including but not limited to, municipal road construction or improvement and construction or reconstruction of stormwater conveyance systems, except that plowing as part of an en- goingongoing farming operation shall not be considered development. District - the Rice Creek Watershed District established under the Minnesota Watershed Law, Minnesota Statutes Chapter 103D. Drainage system - a system of a ditch or tile, or both, to drain property, including laterals, improvements, and improvements of outlets. method of determining flood sews Excavation - the displacement or removal of sediment or other material. Floodplain - the area adjoining a watercourse or natural or man -made water basin, including the area around lakes, marshes and lowlands, that is inundated during a 100 -year flood. Floodway - the channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplains that must be kept free of encroachment so that the 100 -year flood may be carried without increasing the 100 -year flood elevation by more than 0.5 feet. Floodway fringe - the area between the floodway and the boundary of the 100 -year flood. Governmental project - projects sponsored or paid for by a governmental agency. Landlocked basin - a basin that does not have a natural outlet at or below the 100 -year flood elevation, as determined by the 100 -year ten -day runoff event. Low floor - the lowest level of a structure, usually the basement or walk -out level. Major drainageway - any drainageway having a tributary area of 200 acres or greater. Mill and overlay — removal of the top layer of bituminous pavement of a roadway or street by n • - it lt• LL- i t- • 1•W-• • kt- bituminous or concrete pavement. Municipality - any city or township wholly or partly within the Rice Creek Watershed District. NPDES Permit — General permit authorization to discharge storm water associated with construction activity under the national Pollutant Disch. r• Elimi i• n stem NPDES). issued by the Minnesota Pollution Control Agency. DRAFT DOCUMENT 6 • • NURP - Nationwide Urban Runoff Program (sec Appendix). Ordinary high water level (OHW) - the elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ar-dinaFy--high- water IeveIOHW is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial If an OHW has been established for a waterbody by the Minnesota Department of Natural Resources, that will constitute the OHW under this definition. Parcel - any quantity of and capable of being described with such definiteness that its location and boundaries may be established. Person - any natural person, partnership, unincorporated association, corporation, limited liability company, municipal corporation, state agency, political subdivision of the State of Minnesota. Public ditch - a county or judicial ditch over which the District has jurisdiction, or a ditch or tile established, constructed, or transferred to the District and over which the District has jurisdiction under Minnesota Statutes Chapters 103D, 103E, or 103B. Public waters - all waters identified as public waters under Minnesota Statutes section 103G.005, subdivision 15. Public waters wetlands - all wetlands identified as public waters wetlands under Minnesota Statutes section 103G.005, subdivision 15a. Redevelopment - any proposal to subdivide•-er -re- subdivide land, or any land- disturbing activity or creationaddition of impervious surface ent4 a developed site. Sedimentation basin - a natural or man -made depression that temporarily stores storm -water runoff for the purpose of allowing a portion of the suspended solids in the runoff to settle out. - structure or ordinary water mark -GF between a store -ef- sanitary facility and a road, may, -er property line. Shoreland zone - land areas within 1,000 feet of the OHWOHWL of a public waters lake or 300 feet of a public waters watercourse. Standards , - value. Subdivision, subdivide - the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots. Waterbasin - an enclosed natural depression with definable banks capable of containing water, that may be partly filled with waters of the state. Watercourse - a channel that has definable beds and banks capable of conducting confined • runoff from adjacent land. DRAFT DOCUMENT 7 Wetland - arm -area identified as wetlandswetland under Minnesota Statutes section 103G.005, subdivision 19. RULE B PERMIT PROCEDURAL REQUIREMENTS 1. APPLICATION REQUIRED. Any person undertaking an activity for which a permit is required by these rules chall,must obtain the required permit prior to commencing werk,- submit tot District ' , exhibits-as- - - - - - - - - . the activity that is subject to District regulation •olications for .ermit must be submitted to the District in accordance with the procedures described in this rule. Required exhibits are specified for each substantive rule below. A • olicants a e encouraged to contact District staff before submission of an application to review and discuss a • olication re • uirements and the applicability of specific rules to a proposed project. All permit applications must bear the original signature of the landowner; or the selected contractor for governmental projects. 2. FORMS. Permit applications must be submitted on the form provided by the District. Applicants may obtain these or:, --atan application form from the District office or from the District web site at http: // ricecreek .org /permit/application. 3. ACTION BY BOARD OF MANAGERS. The Board of Managers shall act within sixty days of receipt of a complete permit application. A complete permit application includes all required information, exhibits, fees and surety.and fees. An application will not be ready for Board consideration unless all substantial technical questions have been addressed and all substantial • an revisions resulting from staff review have been accomplished. Permit decisions 4. ISSUANCE OF PERMITS. The Beard- e€- Mahage•c will is sue a permit will be issued only after applicant has satisfied all requirements and conditions for the permit, has paid all required District fees, and the District has received any required surety. CONDITIONAL APPROVAL PENDING RECEIPT OF CHANGES (CAPROC 11- •i• '1- .•S • - .1 ..• , .I .. 111 -.. • . 1111- is 1 1- issuance of a permit until all conditions precedent to the approval have been resolved. All conditions must be satisfied within twelve (12) months of the date of conditional approval. If a permit is not obtained within the 12 -month •eriod the a •• licant will be required to reapply for a permit and pay applicable permit fees. 6. PERMIT TERM. Permits are valid for an eighteen -month period from the date of issuance unless otherwise suspended or revoked. To extend a permit, the permittee must apply to the District in writing, stating the reasons for extension. Any plan changes, and related project documents must also be included in the extension application. The District must receive this application at least thirty (.days prior to the permit's expiration date. The District may imiose different or additional conditions on a renewal or deny the renewal in the event of a material change in circumstances. On the first renewal. a permit will not be subject to change because of a change in District rules 6:- PERMIT ASSIGNMENT. A permittee may assign a District permit to another party only upon consent by -the-Beard e€ Managers.STANDARD. The -Beard of--Managers-may- grant the assignment-ef-an issued permit-if-it findsapproval by the District and findings that the following DRAFT DOCUMENT 8 • • • • • • conditions have been met: (a) The proposed assignee in writing agrees to assume all the terms, conditions and obligations of the permit as originally issued to the permittee;; (b) The proposed assignee has the ability to satisfy the terms and conditions of the permit as originally issued (c) The proposed assignee is not changing the project as originally permitted:} (d) There are no violations of the permit conditions as originally issued :; and (e) The District has received from the proposed assignee any required surety to secure performance of the assigned permit. 7. PERMIT FEES. -The- District will si arge Land-Development-Ran Less than 10 Tots 4250 10 99Iots $500 100 or more lots $750 Les, than 1 surface $150 Greater than 4-acre impervious surface $500 Bridge or Culvert Crossings on Creeks, Public -Dit es, rn Major Watco trcec� in the t District 4500 All other crossings - - - $150 Streets and Utilities $500 Appropriation of Surface Water $59 A Other Permit-Applications- $150 An -additional- $599- -fee--wilt--be charged -to- applicant -4 the - project -involves_ --mod Replacement er-- Banking- Plan, or -a- crowing of Rice, Clearwater, - Hardwood Creeks, or -of -e public ditch. PROCEDURE AND PAYMENT OF FEE. -Appticant8 PERMIT FEES. The District will charge applicants permit fees in accordance with a schedule that will be maintained and revised from time to time by the Board of Managers to ensure that permit fees cover the District's actual costs of administrating and enforcing permits The current fee schedule may be obtained from the District office or the District web site at http. / /ricecreek org /permitffeeschedule An applicant must submit the required permit fee to the District at the time it submits its permit application. GOVERNMENTAL AGENCIES EXEMPT. The fees described above-wit-net No permit fee will be charged to the federal government, the State of Minnesota or a political subdivision of DRAFT DOCUMENT 9 the State of Minnesota. &9. PERFORMANCE SURETY. (a) POLICY.Policy: It is the policy of the Board of Managers to conserve the District's water resources by assuring compliance with its rules. assures compliance by requiring a bond or other surety to secure performance of the permit conditions and thecompliance with District rules 4& the- Oistrict's, as well as protection of District water resources, in the event of noncompliance with permit conditions and/or rules.. (b) 'v Description of Activity 1. Site development with less than 5 $1,500 acres mf disturbed area area � ' :'v - ' ' '' ' ''. 4, 43,600 6, ~.....,' 500 feet $3.500 Rice Creek or 500 -feet - --' --- ------------ -$e7*++erparoxcl distances 5Og feet ov greater 0� $250 -shereland-imprevernent projects 9, -Wetland by WCA acne- DRAFT DOCUMENT 10 • • • kb_L______EeLftlfIlla110_511feiY_Refale111ent_o_r_agetieca,_wheirecUnuathe submitted in a form acceptable to the District. The District will require applicants to submit a surety or sureties in accordance with a schedule of types and amounts that will be maintained and revised from time to time by the Board of Managers. The current schedule of surety amounts and acceptable forms and sources may be obtained from the District office or the District web site at httpi/ ricecreek .orq /permit/suretyschedule An applicant may submit a performance bond or an irrevocable letter of credit to the District to secure performance of permit conditions for activities for which the required surety amount as determined above is in excess of $5 ,000- 10,000. The performance bond or letter of credit must be submitted withbefore the permit applicatienis issued. (c) FORM AND CONTENTS OF PERFORMANCE BOND OR LETTER OF CREDIT. (c) Form and Contents of Performance Bond or Letter of Credit: (1) The performance bond or irrevocable letter of credit must be in a form acceptable to the District and from a surety licensed to do business in Minnesota. (2) The performance bond or irrevocable letter of credit must be in favor of the District and conditioned upon the performance of the party obtaining the performance bond or letter of credit of the activities authorized in the permit, and compliance with all applicable laws, including the District's rules, the terms and conditions of the permit and payment when due of any fees or other charges required by law, including the District's rules. The performance bond or irrevocable letter of credit must provide that if the performance bond conditions are not met, the District may make a claim against the performance bond or letter of credit. {d} RELEASE OF PERFORMANCE SURETY. (d) Release of Performance Surety. Upon written notification from permittee of completion of the permitted project, the District will inspect the project to determine if it is constructed in accordance with the terms of the permit and District rules. If the project is completed in accordance with the terms of the permit and District rules and the party providing the performance surety does not have an outstanding balance of money owed to the District for the project, including but not limited to unpaid permit fees, the District will release the performance bond or letter of credit, or return the cash surety if applicable. Staff, at- -their discreation, Final inspection compliance includes, but is not limited to, confirmation that all erosion and sediment control BMPs and stormwater management features have been constructed or installed as desgned and are functioning properly, and completion of all re• uired mon'torinq of wetland mitigation areas. Thp District may return a portion of surety if +s found by the ihspestedlae.sursta it that a portion of the surety is no longer warranted to assure compliance to RCWDwith District rules. 0. OTHER PERMITS -ANB APPROVALS. -It is the -- permit applicant's -responsibility to cccuro all- permits and approvals that aro -required -by ether governmental dies; and provide +� District- -pree€ that applicant has submitted RULE C STORM -WATER MANAGEMENT PLANS 1. POLICY. It is the policy of the Board of Managers t&. - (a) Managetomanage stormwater and snowmelt runoff on also/. regional or DRAFT DOCUMENT 11 • • • • • subwatershed basis and promote natural infiltration of runoff throughout the District to: (4- )__ Maximize infiltration on individual sites through Better Site Design practices and advanced stormwater management to control runoff volume increases, (b) Provide effective water quality treatment and- LL-where p - ovide -tr-eatment treatment prier- -tebefore discharge to surface waterbodies and wetlands, while considering the historic use of District water features. (2c) Ensure that future peak rates of runoff are less than or equal to existinffpre- settlement rates. (3) (d) Minimize land use impacts and improve operational and maintenance efficiency by siting stormwater man - gement basins, when needed, regionally unless local resources would be adversely affected. 2. REGULATION. A permit andincorporating an approved stormwater management plan is required under this rule for new development, redevelopment, or additions to an existing site, consistent with the following (a) A permit is required for industrial, commercial or multi -unit residential development or redevelopment only for a site at least one acre in size (b) A permit is required for single- family residential development or redevelopment only for a site at least five acres in size. (c) Notwithstanding par -graph (b), a permit is not required for construction of a single- family detached dwelling on an isolated lot. (d) The site size thresholds of paragraphs (a) and (b) and the exception of paragraph (c) do not apply if the site is: (1) Within the 100 -year floodplain; (2) Within 1.000 feet of a public water or protected wetland; or (3) Within 300 feet of Rice Creek, Clearwater Creek, Hardwood Creek or a public ditch. (e) If redevelopment will (i) disturb fifty percent or more of existing impervious surface or (J.) increase impervious surface by fifty percent or more, the requirement of paragraph 3(b)(ii)(b) will apply to all impervious surface on the site. For the purpose of this paragraph, the extent of disturbance is the area of exposure of underlying soils (f) A permit is not required for construction on an individual lot within a residential subdivision if it conforms to a development plan approved by the District (g) A permit is not required for mill and overlay of a public roadway. sidewalk or trait DRAFT DOCUMENT 12 1 that does not create additional impervious surface. 3. DESIGN CRITERIA FOR STORMWATER MANAGEMENT PLANS. - Stormwater (a) Modeling. PLAN REQUIREMENTS. (ap A hydrograph method based sn--sound-hydroldgis-tnedryor computer program based on Natural Resources Conservation Service Technical Release #20 (TR-20) and subsequent guidance must be used to analyze stormwater runoff for the design or analysis of flows and water levels within and off the project site. Composite Curve Numbers shall not include directly connected impervious surfaces. Stormwater runoff rates for the proposed project must not exceed pre • 1111 le Of f g 111111111 1 construction limits is to be shifted down one classification to account for compaction and soil smearing. (d) Analysis(iii) The 100-year critical event analysis of flood levels, storage volumes, and flow rates for waterbodies and detention fnelt--dufatiens which — produces the critical (highest) flood levels- and discharges.stormwater management basins must include both the 24- hour rainfall and the 10-day snowmelt events. Detenti-eh-besins must be designed to provide: (1) An outlet structure to control the 1 year or 2 year -8g (2) 11 cites. ■ 3: : . . . • Z storm event. (3) Access for futurc maintenance. (p) Standards. (i)Management Plan Framework, (a) When a stormwater basin is necessary, regional siting is preferred when regional management would not divert supply awayfroma local recharge area __.girgundwater-Aellendent natural resource. In evaluating the appropriateness of peak flow and water • ualit management in an existing regional basin the District will consider whether it previously approved the basin and whether the basin was designed for build-out of the site to the DRAFT DOCUMENT 13 extent proposed. (b) A stormwater management plan must conform to the District - approved local water management plan. (The proposed project must not adversely affect water level off the site during ortf er construction. (d) A landlocked basin may be provided an outlet only if it: (1) Retains a hydrologic regime that complies with District Wetland Alteration Rule F; (2) Provides sufficient dead storage volume to retain back -to -back 100 -year, 24 -hour rainfalls and runoff; and (3) Does not create adverse downstream flooding or water quality conditions as a result of increased discharge rate or volume or other factors. (11) Water Quality and Volume Control. (A) Activity creating impervious surface must explicitly address the use of Better Site Design (BSD) techniques, as outlined in Chapter 4, "Minnesota Stormwater Manual" (MPCA, 2006 and subsequent revisions). Better Site Design involves techniques applied early in the design process to reduce impervious cover, conserve natural areas and use pervious areas to more effectively treat stormwater runoff and promote a treatment train approach to runoff management. An applicant must show that BSD techniques were evaluated in developing the design of a proposed project and demonstrate the infeasibility or inapplicability of techniques that were rejected, (b) Water quality and infiltration BMPs must be sized to infiltrate and /or retain runoff volume generated within the contributing area by a two -year (2.8 -inch) storm under the developed condition. BMPs shall be selected on the basis of site - specific conditions, including soil types, depth to water table and the presence of known or suspected contaminated soils. A site with Hydrologic Soil Group (HSG) soil type A or B must meet this standard through infiltration for that part of the site where type A or B soil is found. r redevelopment pursuant to paragraph 2(e) above, the standard is the 0.8 -inch event rather than the 2.8 -inch event. (d) Where infiltration is not feasible, filtration is preferred. infiltration is considered not feasible where soils do not support infiltration, documented soil contaminants preclude the use of infiltration practices, or there is inadequate separation from the water table. DRAFT DOCUMENT 14 • • • • (e) For a site or part of a site characterized by HSG C or D soils, the stormWater management plan shall focus on incorporation of water quality BMPs. The order of preference for BMP's is biofiltration, filtration, wetland treatment system, extended detention basin, NURP ponding. (f) The runoff volume infiltration/detention standard of paragraph (b) is modified for public linear (roadway, sidewalk and trail) projects as follows. Type of Construction Standard Hydrologic Soil Group New _.4,0 acre No change. impervious New < 1.0 acre BMPs must be sized for the runoff if • - 11.11 Rural to Urban Section volume generated from impervious surface within the contributing area n Expansion/ by an 0.8-inch event. — Reconstruction 11- 1 Ile 1■U Ill ■:. - II Mill & Overlay , No permit required. (iii) Peak Stormwater Runoff Control Stormwater runoff rates for the proposed project must not exceed runoff rates for the critical two-year and 100-year frequency events. For those site areas not covered by hard surface in the pre-existing condition, runoff rates are to be determined for the pre-settlement condition. The following curve numbers shall be utilized for pre-settlement condition modeling: Curve Number for Use with Pre-Settlement Conditions Hydrologic Soil Group Runoff Curve Number* A 3__Q B 58 c n D 11- 1 Ile 1■U Ill ■:. - II - It's"- — (iv) Bounce and Inundation Period. The project must meet hydroperiod standards adapted from "Stormwater and Wetlands Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Stormwater and Snowmeit Runoff on Wetlands," (Minnesota Stormwater Advisory Group, June 1997), as follows: La keNVetla nd Susceptibility Class Highly susceptible inundation Period Permitted Bounce ft Two-Year event Pre-development Existing Inundation Period for 10-Year or Greater Event Existing DRAFT DOCUMENT 15 wetland Moderately susceptible Pre - development + 0.5 feet Existing plus 1 day Existing plus 2 days Slightly susceptible Pre - development + wetland 1.0 feet Existing plus 2 days Existing plus 14 days Least - susceptible wetland /Lake No limit Existing plus 7 days Existing plus 21 days (c) Design Criteria. (i) Infiltration BMPs must be designed to provide: (a) Adequate pretreatment measures before discharge of runoff to the primary infiltration area (b) Drawdown within 48 -hours from the end of a storm event Soil infiltration rates shall be based on the appropriate HSG classification and associated infiltration rates (see Table 1 in Appendix C). Infiltration area will be limited to the horizontal areas subject to prolonged wetting; and (c) A minimum of three feet of separation from the seasonal high water table. (fj) Permanent sedimentation and water quality ponds are- required andmust be designed to provide: (4-a) Water quality features consistent with NURP criteria and District wet pond criteria (see appendix) .t (2b) A permanent wet pool with dead storage of at least equal to the runoff from a 2.5 -inch rainfall over the area tributary to the pond:; an (4) An outlet structure capable of preventing migration of floating debris and oils for at least the one -year storm. during or after construction. (h) Stermwate Management s under this -rule must confer -with - - - - " - • - - - - - .. - Plans. Detention basins must be designed to provide: (a) An outlet structure to control the two -year & 100 -year frequency events to pre - settlement peak runoff sites; and bbl An identified overflow spillway sufficiently stabilized to convey flows greater than the 100 -year Qritical storm event. DRAFT DOCUMENT 16 • • • • • • (i) —Outten- - - - • - - - -and (iv) An outfall structure discharging to a wetland, public water or public water wetland must incorporate a stilling - basin, surge- basin, energy dissipater, placement of ungrouted natural rock riprap or other devieesfeature'to minimize disturbance and erosion of natural shoreline and bed resulting from stormwater discharges. (}v) All new residential, commercial, industrial and other habitable or non - habitable structures, and all stormwater basins, must be constructed so that the lowest floor elevations-are a- mini-mum-of two -feet above -he ^^+,coy o ens st titer i„T -and lowest entry elevations comply with the following table: (k) Within &landlocked bacincbasin, lowest floor elevations must be at least one foot above the surveyed basin overflow elevation. Where a structure is •r000sed below the runout elevation of a land- locked basin the low - floor elevation will be a minimum of two feet above the high water level as determined from an estimate of high water levels determined from the • f - 11- - r -h r r_infal - -• • •. ,- • -•. 11 will be used to derive a "normal" water elevation for the basin for the purpose of computing the 100 -year elevation. resulting -in—the- creation -of- -impervious surfaces must to first limit the low, of and second, -to- AnnitFate- runoff -w - -does ter- --ffain impervious areas -o- The- extent feasible coffering- site speck conditions. BMPs include -the- use -o€ vegetated cwales, -Rend outicts perched above levels, use ef infiltration systems, roof drainage-to- pervious areas, min-inium---e€ twenty percent pervious surface, usa areas, and -mini --ef the number- and-width-of-par-king- stalls -and use of deep- rested native- vegetation-, andnarrewer "rural section" roads. The goal of these BM Pa is 4G ineerporate practices-into the design - which are capable e+npewious surface -runoff from the Mpls St.Paul - mediae storm (0.34 inches) in seventy two hours. - will -- bee - calculated group classification and rate from the table below. DRAFT DOCUMENT 17 Regional Local Infiltration Basins Mottled Detention Elevations Basins & Soils Bottom MAC EOF EOF Wetlands 100 -vr EDE per borings Low 2-ft 1_-ft 00ft NA Q ft LIA NA 141 Floor Low IyA dA Lft LyA Zit 1 ft NA Entry. (k) Within &landlocked bacincbasin, lowest floor elevations must be at least one foot above the surveyed basin overflow elevation. Where a structure is •r000sed below the runout elevation of a land- locked basin the low - floor elevation will be a minimum of two feet above the high water level as determined from an estimate of high water levels determined from the • f - 11- - r -h r r_infal - -• • •. ,- • -•. 11 will be used to derive a "normal" water elevation for the basin for the purpose of computing the 100 -year elevation. resulting -in—the- creation -of- -impervious surfaces must to first limit the low, of and second, -to- AnnitFate- runoff -w - -does ter- --ffain impervious areas -o- The- extent feasible coffering- site speck conditions. BMPs include -the- use -o€ vegetated cwales, -Rend outicts perched above levels, use ef infiltration systems, roof drainage-to- pervious areas, min-inium---e€ twenty percent pervious surface, usa areas, and -mini --ef the number- and-width-of-par-king- stalls -and use of deep- rested native- vegetation-, andnarrewer "rural section" roads. The goal of these BM Pa is 4G ineerporate practices-into the design - which are capable e+npewious surface -runoff from the Mpls St.Paul - mediae storm (0.34 inches) in seventy two hours. - will -- bee - calculated group classification and rate from the table below. DRAFT DOCUMENT 17 Hydreiegie--infi ltratien A —1-- 0.25 in /hr silt loam or loam C 0.10 in /hr sandy clay loam D 0.03 inlhr clay loam, silty clay loam, silty clay, or clay Source: Urban Hydrology -fer Sm wetting: June a 936. ontal areas subject to prolonged 1 -Retain complies with District Wetland- AtteFat -en- Rule -1=: (2) dead storage volume to retain back to (3) Do not create adverse downstream flooding or water (m) All stormwater management structures and facilities must be designed for maintenance access and properly maintained in perpetuity to assure that they continue to function as originally - designed. Thi:sThe maintenance responsibility must be assumed---either--by--the e,+ a ., +s management --puFpeses-,- -OF by --the applicant- -executing—and - recording -a maintenance rrrrnrrcc�-rrn�vc- property owner in a form acceptable to the District and recorded on the deed. Alternatively, a municipality that has provided for assuming the perpetual maintenance obligation in its District - approved local water management plan may do so in a writing signed by an official with authority " " " ". 11 11• - • 1 _ •• 11 "1 " -• • 1- (vii) Before work under the permit is deemed complete, the permittee must submit as- builts demonstrating that at the time of final stabilization, stormwater facilities conform to design specifications. 4. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size (22 inches by 34 inches); two sets, reduced to maximum size of 1147:" inches by 17 inches. (a) A Storm Water Pollution Prevention Plan. ()Property lines and delineation of lands under ownership of the applicant. (bc) Delineation of the subwatershed contributing runoff from off-site, proposed and existing subwatersheds on-siteonsite, emergency overflows, and drainageways. (d)Geotechnical analysis including soil borings at all proposed stormwater management facility locations. (eg) Proposed and existing stormwater facilities' location, alignment and elevation. DRAFT DOCUMENT 18 • • • (df) Delineation of existing on -site wetland, marshes, shoreland and /or floodplain areas. (eg) Identification of existing and proposed normal, and ordinary high and 100 -year water elevations on -site. (fh) Identification of existing and proposed site contour elevations related to NGVD, 1929 datum. (gi) Construction plans and specifications of all proposed stormwater management facilities, including design details for outlet control structures. ( #�) Stormwater runoff volume and rate analyses for the enetwo- and 100 -year critical events, existingpre- settlement and proposed conditions. (it) All hydrologic, water quality, and hydraulic computations completed to design the proposed stormwater management facilities. (fl) Narrative addressing incorporation of infiltration BMPs. (k) Delineation (m) Platting or easement documents showing conveyance to the local land use authority of drainage and flowage easements over stormwater management facilities, stormwater conveyances and on -site floodplain up to the 100 -year event. An easement on a public ditch must be a minimum of 33 feet each side of centerline and specify a District right of enforcement to that minimum width. (n) Narrative explaining BSD techniques that were evaluated during the development of the design for the project, the results of the evaluation of each and, for any techniques that were deemed infeasible, the reasoning for the determination. 5. PLATTING -0-14- EASEMENT DOCUMENTS. Applicant -must- provide- matting -or - dite#es, --swa les , ,- wetlands -and have two feet of fre^Trceboard- b T-the -- lowest -- #Isom -the- _EXCEPTIONS. (a) Rule -G- - and- -- -its- 4equicemente -will - net - apply -te- development or Cedevclopmcnt of dal- cites - less- than 4.0 acrc size --fen- ductria?, residential, -and- less than five acres -in- size -fen- single family resickntial, unless such (1)- -- 4s-within-the 100 year-fleedplain. (2) (3) --l.s within -389- feet -ef Rice Creek, Clearwater Creek, Hardwood- Creek, or of a public ditch. (b)- Rule -G and- its requirements -will- -apply- 4e- eo €tnuction of a single #a • _ _ • - :. 41e -e14- isolated -let; unless such Elwelling (1) (2) Is-within 1 feet-of apublic water or protcctcd wetland. (3)- __ _ 4s- within- 3g0- -feet of Rice Creek, - Clearwater Creek, -er-e4 a Iic- ditch. (c) Rule - and -its fequirements will -net apply to construction on individual lots - within e -residential subdivision - ,approved by the District, unle:c The activity does-net- ply with- the or-. . been superseded b state law, �y -Ed} The requirements of paragraph {f} -of- Section -4- will -be modified for DRAFT DOCUMENT 19 (ea) Subdivision of land without construction of impervious curfaccasurface or structures will beis exempt from the requirements of Section 3 and paragraphs ( lam), (i), (i) & (k) of Section 4. However, a Rule C permit is reg drool when s Bch future development does- occurwili require a Rule C permit. (fb) Rate control criteria diseussed-4n- Section --aof paragraph 3(b)(iii) may be waived if the site discharges directly to a water body with large storage capacity (such as a public water) whichthat has a time -to -peak elevation greater than that for an on -site pond and the volume discharged from the on -site pond is negligible, relative to the volume of runoff entering the water body. f _ (i) In cases where structures are proper-betew the runout elevation-4 land lode -base levels-determined fram4fie -# ighesf ^f ei +�zt� "e; e 100 year, ten day - ran -off -event or back to back 100 rainfalls. Aerial- photos, vegetation, soils, and topography will be used to derive a "normal' water elevation fef the- basin for purposes of eel puffing -the --1-00 year elevation. DRAFT DOCUMENT 20 • • • • • • Appendix - Rule C Table C1 Hydrologic Soil Group Si lit Textures* Gravel, _sand, sandy gravel, silLgraveL loamy sand, sandy loam Loam, silt loam Corresponding Unified Soil Classification** GW - We 11-gracled gravel or welL graded_gravel with sand graded GP - Poorlv araded gravel or poorly GM - Silty gravel or silty_gravel with sand SW - Well-graded sand or well- graded sandwith cmpl_ s p — Poorly graded sand or poorly graded sandwith Gravel SAL.-__.__...Siltysand or silty sand with _gravel 0.6 ML Silt OL - Organic silt or organic silt with sand or gravel _or gravelly organic silt Infiltration Rate Linches/hourl 0.3 Sandy_clay loam Clay, _clay loam, silty clay loam, sandy clay, silty clay GC - Clayey gravel or clayey gravel with sand SC - Clayey sand or clayey sand with gravel CL - Lean clay_or lean clay with sand or gravel or gravelly lean clay CH - Fat clay or fat clay with sand or gravel or gravelly fat clay OH - Organic clay or organic clay with sand or gravel or gravelly organic clay MH - Elastic silt or elastic silt with sand or gravel 02 Source: Minnesota Pollution Control Agency, Minnesota Stormwater Manual. Thirty guidance manuals and many other stormwater references were reviewed by the MPCA when it compiled the recommended infiltration rates. All of these sources use the following studies as the basis for their recommended infiltration rates: Rawls, Brakensiek and Saxton (1982): Rawls, Gimenez and r. 1 • • : • w- , • zi - 1 • : • . n. rban Hydrology for Small Watersheds (NRCS) The rates presented in this infiltration table use the information compiled from these sources as well as eight years of infiltration rates collected in various infiltration pces located in the South Washington Watershed District. *U.S. Department of Agriculture, Natural Resources Conservation Service, 2005. National Soil Survey Handbook, title 430-VI. (Online) Available: http://soils usda.gov/technical/handbook/. **ASTM standard D2487-00 DRAFT DOCUMENT 21 RULE D EROSION AND SEDIMENT CONTROL PLANS 1. POLICY. It is the policy of the Board of Managers to prevent erosion of soil into surface water systems by requiring preparation and implementation of erosion and sediment control plans for land distt aece- disturbing activities. REGULATION. A and required for new dev°lopment redevel •- - - - -- - 2. REGULATION. An erosion and sediment control plan must be submitted, and a permit received from the District, for (a) the grading, excavation, filling or stockpiling of more than fifty (50) cubic yards of earth or other erodible material; or (b) surface soil disturbance or removal of vegetative cover on five thousand (5,000) square feet or more of land. This requirement does not apply to plowing as part of an ongoing farming operation, 3. DESIGN CRITERIA FOR EROSION CONTROL PLANS. Erosion and Sediment Control Plans must comply with the following criteria: (a) Natural site topography and soil conditions must be consideredspecifically addressed to reduce erosion and sedimentation during construction and after project completion. (b) Site erosion and sediment control practices must be consistent with -of- • - _ - - - ' . _ • - -in- -the Minnesota Pollution Control Agency's -" document "Protecting Water Quality in Urban Areas," (1994), as amended, and District - specific written design guidance and be sufficient to retain sediment on -site. (c) (s)- Erosion an`l ceth en* - sf-be-- installed - prior --te inspect- reject- sites after every —Fa—Wail—event _.mod implement erosion -and-sediment addressed as needed, The project must be phased as best possible to minimize disturbed areas and removal of existing vegetation until necessary for project progress. In order to e • - - e• (d) The District lnspestor may require the--permit additional erosion control- .nm a& es- -where -site conditions warrant.additional erosion and sediment control measures on areas with a continuous slope leading to a sensitive, impaired or special water body, stream, ditch or wetland to assure retention of sediment on site. (d) ;Silt fences will be— removed after a#--- disturbed areas have been f3ee (e) The plan must include conditions adequate to protect facilities to be used for post - construction stormwater infiltration, 4. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size (22 inches by 34 inches); two sets, reduced to maximum size of 11'40 " inches by 17 inches. (a) An existing and proposed topographic map which clearly indicates all hydrologic features and areas where grading will expose soils to erosive conditions. The Plan must also indicate the direction of all site runoff. (b) Tabulation of the construction implementation schedule. DRAFT DOCUMENT 22 • • • • • (c) Name, address and phone number of party responsible for maintenance of all erosion and sediment control measures. (d) Identif+sationClear identification of all temporary erosion and sediment control measures which will remain in place until permanent vegetation is in placeestablished. Examples of temporary measures include, but are not limited to: Seedingseeding with perennial vegetation, mulching, sodding, silt fence, erosion control matting, and hay bale filter barricrsblanketing, and stormwater inlet protection devices. (e) IdentifieatienClear identification of all permanent erosion control measures such as outfall spillways and riprap shoreline protection, and their lecationjocations. (f) For projects over -five- acres -e graded arc, Clear Identification of staging areas, as applicable. (g) Documentation that the project applicant has applied for a National Eliminati Permit from the Minnesota Pollution Control Agency (MPCA), when applicable. (h) A Storm Water Pollution Prevention Plan for projects that require an NPDES Permit, (g) Tabulation . _ .. _ . _ Delineation of any floodplain volume and /or wetland area changes. '' e-•- - - •• ai• I 5. CONSTRUCTION ACTIVITY REQUIREMENTS The Permittee must follow the standards of the NPDES permit regarding erosion prevention, sediment contro dewatering, and BMP maintenance for any project requiring a permit by the District. i}. EXCEPTIONS. unit residential -and- tecs than five acres in size for tingle family recidentia� ` '�"4st lil-1,000 feet of a (3)- Is- within 300 -f, off Ric Creek, 6. INSPECTIONS L) The permittee will routinely inspect project sites as required by the NPDES permit, implementing additional erosion and sediment control measures, as conditions required to assure retention of sediment on site. The permitte- will keep an inspection I• • on site as required by the NPDES permit. tpl The permittee shall be responsible for inspection maintenance and effectiveness of all erosion and sediment control measures until final soil stabilization full completion of the project, or permit assi • I u - I - whichever comes first. (See Rule B for permit assignment requirements.) COI in order to ensure that sediment is retained on -site. the District may inspect the site and require the •ermittee to •rovide additional erosion control measures where site conditions warrant. 7. FINAL STABILIZATION W. Erosion and sediment control measures must be maintained until final veae ation and ground cover is established to a density of 70 %, DRAFT DOCUMENT 23 COI All temporary erosion and sediment control BMPs will be removed after all disturbed areas have been permanently stabilized. RULE E FLOODPLAIN ALTERATION 1. POLICY. It is the policy of the Board of Managers to: {a) Protect the lives -and-property- .. - - - - - -the- Aeed plc. (a) Preserve existing water storage capacity in the 100 -year floodplain of all waterbodies and wetlands in the watershed to minimize the frequency and severity of high water. (b) Enhance • - ' - - - - . • ' - - .. . arc defined as thosefloodplain characteristics whislhthat promote the natural 'attenuation of high water, provide for water quality treatment, and previdepromote groundwater recharge. (c) • : - • - - .. - Preserve and enhance the natural vegetation existing in fleed- plainfloodplain areas effor fish and wildlife resourccahabitat• (d) -Enhance- the flood plains' include -study-r- outdoor 2. REGULATION. No person may alter or fill land below the 100 -year flood elevation of any public water, public water wetland or other wetlands without first obtaining a permit from the District. Sector A and Sector B. These sectors aid in 3. CRITERIA FOR FLOODPLAIN ALTERATION. Permitting Sector -A- contains -these where the 4a4stal• -area 1s twelve• - percent --43F less, -ar►d- -the topography- terms -e€- a generalized slope - eendition is predominantly greater than - twelve percent. €food - - -- Plain• Management Sector -A- dudes cubwatcrshcd 4, 5, 7,-8, 13a, 14a, 14b, 14c, 14d, 14e, 15b and 16. (a) Encroachment into and the placement of fill within the 100 -year floodplain are prohibited unless fully compensatory storage at the same elevation is provided. Creation of floodplain stor -ge capacity to offset fill must occur within the floodplain of the same water body. and within the original permit term. If offsetting storage capacity will be provided off site, it shall be created before any floodplain filling by the applicant will be allowed Encroachment and /or filling will be allowed in flood fringe defined by the municipality according to FEMA procedures and for which encroachment is regulated by the municipality. (a) Construction of impervious areas within Aeed-plain ar asfloodplain will not be allowed within the designated groundwater recharge areas for the Prairie du Chien - Jordan formation (as defined by Map 17 of the District's Water Resource Management Plan) except for road construction; and trails, and ether DRAFT DOCUMENT 24 • • • • • (b) To protect water quality and the conveyance capacity of the flood plain, the District will not permit site development whichthat would involve the outside storage of soluble, toxic, or buoyant materials. Examples of acceptable --flood plain uses include open space, golf less than six inches of - flooding (c) Encroachment within- the 100 year flood plain may occur if all -the (1) The flood plain storage volume after encroachment is Rule F. flood - profile: (4) Any structures, facilities, plain-will—be- capable of passing the 100 year flood without of two feet -above-the 100 year Sector the percentage -of -flood plain to total• area is percent. Flood Plain- B includes 12b. (a) groundwater recharge ^ as of the Praii read trails, (b) - - - - - - . - - . - - - - , the- District - will -- not - permit -site development whi ^" storage of soluble, toxic, or buoyant materials. Examples of acceptable --flood plain uses include -open space, golf courses, and parking surfaces located outside of designated recharge areas - with-- -less than -six. inches of -flooding occurring over the surface. (c) Encroachment may occur -in- the - -flood plain areas- of Flood-Plain-Management Sector B if all the exist: (1) The encroachment lies within --ef the 100 year flood plain-in those areas were identified, or +n the absence of an established -fioodway, compensatory (live) storagc4s excavated. (2) The encroachment does net- result ° year flood profile within- the -floodway portion of the -flood -plain by more tthan 0.5 foot or create velocities exceeding 2.5 feet/second or as determined by the District Engineer. (3} The encroachment -does not violate the principle -et "equal DRAFT DOCUMENT 25 (4) The does not result in -violation- -of- the (5) (d) Structures and facilities subject to flood damage built within the 100 -year fleedfloodplain will have two feet of freeboard between the lowest floor and the 100 -year flood profile. 4. DRAINAGE EASEMENTS. Applicant will provide easernents—ever-----fieed--plainfor District approval a flowage and drainage easement conveyed to the land use authority over areas of public waters, public ditches, public waters wetlands and other wetlands inundated drainage/flowage—easements- by the 100 -year flood. An easement on a public ditch must be a minimum of 33 feet each side of centerline and specify a District right of enforcement to that minimum width. 5. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size (22 inches by 34 inches); two sets, reduced to maximum size of 11" inches x 17" inches. (a) Site plan showing property lines, delineation of the work area, existing elevation contours of the work area, ordinary high water elevation, and regional flood elevation. All elevations must be reduced to NGVD (1929 datum). (b) Grading plan showing any proposed elevation changes. (c) Preliminary plat of any proposed land development. (d) Determination by a professional engineer or qualified hydrologist of the local 100 -year flood elevation before and after the project. (e) Computation of change in flood storage capacity resulting from proposed grading. (f) Erosion Control Plan. (g) Soil boring results —if—available, if specified by applicable rule provision or requested by the District Engineer EXCEPTION Restoration or stabilization of shoreline, approved by the District as necessary for stabilization, structurally sound and designed to minimize encroachment and alteration of hydraulic forces, is exempt from the compensatory storage requirement of section 3(c)(1). RULE F WETLAND ALTERATION 1 POLICY. It is the policy of the Board of Managers to: (a) Achieve no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands. (b) Increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands. (c) Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands. (d) Replace wetland values where avoidance of activity is not feasible and prudent. DRAFT DOCUMENT 26 • • • • • 2. REGULATION. No person may fill, drain, excavate or otherwise alter the character or hydrology of a wetland without first obtaining a permit from the District. 1. CRITERIA. et -forth in Minnesota_ Rules-- shapte & -84 0, a amen e aro i+�sorporated as part of this rule a- e . e • . • . _ _ _ - . • _ " • • - District. (` Excavations -ie- wetlands• -for# purposcs of wildlife eiihancernent must comply with the Gr=it Wetland- Alterations, included -in the ..pond;. of tho..e F to 4,-- --LOCAL GOVERNMENT UNIT. The District intends to serve as the "local government unit" for administration of the Minnesota Wetland Conservation Act (WCA), unless a particular municipality in the District has elected to assume that rote in its jurisdictional area. Notwithstanding the above, the District will continue to require wetland alteration permits under this rule fo wetland- alteri • activities not re•ulated under WCA. 4— CRITERIA. .11 -1. -• .l. l tl. -II-1 l• 1 h in Minnesota Rules cha ter 8420. as amended are incor and govern District implementation of WCA. Alterations in wetlands for the purposes of wildlife enhancement must comply with the criteria described in General Desi•n Consideration for Wildlife Pond Construction and Wetland Alterations, included in Appendix F‘ (g1 The District will regulate wetland alterations that do not require re • lacement under WCA rules -nd do not qualify for one of the specific exem•tions in Minnesota Rules 8420.0122 accordi • to the rules and procedures of WCA, except as specifically provided in this R le Alteration under this paragraph requires replacement to ensure no Toss of wetland quantity, quality or biological diversity Notwithstanding, replacement in the form of vegetative and orated as part of this rule 1 •r. •• I • . • • . • - • r . • - • • 1 11 • - - • 1 - • l 1 1 " . 1 1 , 1 1 . 1 • f twice the acreage restored A wetland alteration not subject to WCA that does not cha •e the type or function of a wetland and that preserves wetland quantity, quality and biol. • ical diversity is exempt from the replacement requirement. 5. ADDITIONAL DISTRICT REQUIREMENTS. In addition to the wetland replacement plan n n 11 District review of WCA and. except as indicated, non -WCA wetland alterations' DRAFT DOCUMENT 27 Applicants must adequately explain and justify each individual contiguous wetland alteration area in terms of impact avoidance and minimization alternatives considered. To be eligible for New Wetland Credit (NWC), replacement wetland adjacent to upland must include upland buffer of native vegetation at least 25 feet in width adjacent to the entire NWC area except where contiguous with existing wetland. The buffer must meet WCA requirements for Public Value Credit (PVC). Replacement wetland must be designed to replicate at least 50 percent of each wetland community type (as defined in MnRAM 3.0 or subsequent revisions) being altered. Where the wetland alteration is proposed in the context of land subdivision, on- site replacement wetland cannot be located on a buildable lot and must be separated from buildable lots by a physical barrier such as a stormwater pond, infiltration basin, existing wetland or other permanent physical feature that protects against future encroachment into the replacement wetland. e) The upland edge of new wetland creation must have an irregular apd uneven slope The slope must be no steeper than 8:1 over the initial 25 feet upslope from the projected wetland elevation contour along at least 50 percent of the upland /wetland boundary and no steeper than 51 along the remaining 50 percent of the boundary. f) The District will not allow excess credits to be used for replacement on a different project unless the credits were designated for wetland banking purposes in the original application in accordance with WCA rules and have been deposited into the WCA wetland banking system The District may permit otherwise- conforming credits pot yet deposited into the wetland banking system to be so used if construction was completed within two nears of submittal of a complete application 20�osing to use them and on District consideration of the recommendation of the Technical Evaluation Panel. f, REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One for both WCA and non -WCA wetland alterations. . (a) Site Plan. An applicant must submit one set, full size; (22 inches by 34 inches) and two sets, reduced to maximum size of 11"x17" (a) Site inches by 17 inches, of a site plan showing: (1) Property lines and corners and delineation of lands under ownership of the applicant. (2) Existing and proposed elevation contours, including the existing runout elevation and flow capacity of the wetland outlet, and spoil disposal areas. (3) Area of the wetland portion to be filled, drained, excavated or otherwise altered. (b) Complete detineation of he existin of the with -t ie-1 987 Manual.. (2) Identification of presence or absence of normal circumstances er- problem conditions; DRAFT DOCUMENT 28 • • • • • • lines, - • _ - - _ • ' '.. - features. (b) Wetland Delineation Report. An applicant must submit at least three co•i-s of a wetland delineation report conforming to a methodology authorized for WCA use and otherwise consistent with Minnesota Board of Water & Soil submittals of wetland delineation /determination reports to the District and supplement the approved methodology and guidance: _ .must I ve s# kes in the field d Ce [X1 G� CC71 CGT"fITZTI Ci1TGT.f review of the site. Wetland delineations should be reviewed during the Minnesota-{period of May 1 - October 15)-- Delineations15. The District may accept delineations performed outside this time frame mayor -mme to the cntiro on a case -by -case basis. The District will determine if there is sufficient information in the report and visible in the field at the time to assess the three wetland parameters (hydrophytic vegetation, hydric soils+ hvdroloavl in relatio to the placement of the wetland delineation line. I •roper assessment of the delineation is not possible, the District may consider the application incomplete until appropriate field verification is possible. 2 1 • 111 • 11 ll r• ...16 • • • . lil • 1 • for the purpose of wetland delineation /determination must coordinate with the District prior to initiati g the study. r For a site with row - cropped agricultural areas, the wetland delineation for wetland signatures per Minnesota Wetland Mappi • Conventions for 1985 Food Security Act as Amended and Section 404 Clean Water Act or subsequent State -a *proved guidance. This review is to be considered alon • . ' • f - • • - and other •ertinent information and is not necessaril the only or primary basis for a wetland determination in an agricultural row - cropped area, The wetland delineation report must include; (a) Items required by the Guidelines for Submitting Wetland Delineations to the St. Paul District Corps of Engineers and Local Units of Government in the State of Minnesota (1996) and subsequent updates. (b) National Wetland Inventory (NWI) map, Soil Survey Map. and DRAFT DOCUMENT 29 Department of Natural Resources (DNR) Protected Waters Map of the area being delineated. (c) Results of a field investigation of all areas indicated as potential wetland by mapping sources including: NWI wetlands, hydric soil units, poorly drained or depressional areas on the Soil Survey Map, and DNR Protected Waters or Wetlands (d) Cowardin and Circular 39 classifications of each delineated wetland (e) A survey map (standard land survey methods or DGPS of delineated wetland boundaries). (c) Wetland Replacement Plan Application. An applicant submitting a plan involving a wetland alteration must submit at least seven copies of a replacement plan application and supporting materials conforming to WCA replacement plan application submittal requirements and including the following additional documents' 1. Plan sheet(s) clearly identifying, delineating, and denoting the location and size of each wetland impact area and replacement wetland area. including stormwater features proposed for PVC 2. Plan sheet(s) with profile views and construction specifications of each replacement wetland including proposed /estimated normal water level, proposed /estimated boundary of replacement wetland, topsoiling specifications if any), grading specifications, and wetland /buffer seeding specifications. (d) -A Functions and Values Assessment. An applicant must submit a before - and -after wetland functions and values assessment project. -using a WCA - accepted methodology for a project involving at least one acre of wetland impact requiring replacement. (e) An- Erosion Control Plan. An applicant must submit an erosion and sediment control plan in accordance with District Rule D. 6 -L EXCEPTIONS. Clearing of vegetation, plowing or pasturing in a wetland as part of an existing and farming operation Mills not require a it endersubject to this rule unless the activity results in draining or filling the wetland. RULE G BRIDGE AND CULVERT CROSSINGS 1. POLICY. It is the policy of the Board of Managers to preserve the capacity of the present drainage systems to accommodate future needs. 2. REGULATION. No person may construct, improve, repair or alter the hydraulic characteristics of a bridge profile control or culvert structure on a creek, public ditch or major watercourse in the District, without first obtaining a permit from the District. 3-. CRITERIA. Crossings must: 3. CRITERIA A crossing must preserve existing design hydraulic capacity or, if on a public DRAFT DOCUMENT 30 • • • • • ditch, hydraulic capacity conforming to the drainage right of benefited lands. Notwithstanding, a permit application for a ditch crossing will not obligate the District, in its function as ditch authority, to investigate or hold proceedings to establish the official profile of the affected ditch. Permit issuance is not a warranty and the crossing owner will remain responsible should the crossing at any time be found to be an obstruction under the drainage law. In addition, a crossing must' (a) ' - - - - - • - - - - - Retain existing condition, (b) --Retain-existing-navigational capacity. (e) Not adversely affect water quality. (dp) Represent the "minimal impact" solution to a specific need with respect to all other alternatives. (ea) Allow for future erosion, scour, and sedimentation considerations. 4. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size (22 inches by 34 inches); two sets, reduced to maximum size of 11' .41-7 :" inches by 17 inches. (a) Construction details showing: (1) Existing and proposed flow line (invert) elevations. (2) End details with flared end sections, wing walls and /or riprap (energy dissipaters). (3) Size and description of structure. (4) Emergency overflow elevation and route. (b) Construction schedule. (c) Narrative describing construction methods. (d) Erosion Control Plan. (e) Computations of watershed area, peak flow rates and elevations, and discussion of potential effects on water levels above and below the project area. 5. EXCEPTIONS. (a) Criteria 3(a) may be waived if the applicant can demonstrate with supporting hydrologic calculations: 1) the need for an increase in discharge rate in order to provide for reasonable surface water management in the upstream area, and 2) that the downstream impacts of the increased discharge rate can be reasonably accommodated and will not exceed the existing rate at the municipal boundary. RULE H DEVELOPMENT 1. POLICY. It is the policy of 4he --Boast -e,.,f Ma'nagcrc -te- omete the adoption - of- -I-eeal ehoreland ordinances based -eh --De tment of- Natural Resournec reinuIntinnc 2. REGULATION. to those cities which have net- adopted- state approved ehoreland ordinances, the District requires -a- permit for eleveiopment, rading -ef+1 with-irlthe- ehoreland zone -et liewate ea and streams. 3� CRITERIA. 4 deveio +,- grading -of- -- €+{ling within -the shoreland zone : ... - . - . : - . • - . - - . - - - fellew i- --setl criteria. (a) Structure Setback Criteria. The placement of structures $n- lots -is sentrelled --th accordance-with the class of lie waters ae- faAewe: DRAFT DOCUMENT 31 OHW for Tots not served by public sewer and at least 150 feet (3) For general development waters, at least seventy five feet (1) feet. (3) Where ground 4 REQUIRED EXHIBITS. (a) (b) I EXCEPTIONS. sanitaFy-fa-eilities, Plan. RULE I DRAINAGE SYSTEMS 1. POLICY. It is the policy of the Board of Managers to regulate new construction, improvement or repair of public or private drainage systems (open and tiled) for the following purposes: (a) To preserve the capacities of drainage systems to accommodate future needs. (b) To improve water quality and prevent localized flooding. 2. REGULATION. No drainage system may be constructed, improved or repaired without first obtaining a permit from the District. The •ermit is in addition to an formal procedures or District a.. rovals that ma be re uired under Minnesota Statutes Chapter 103E or other ditch law. DRAFT DOCUMENT 32 • • • 3. CRITERIA. A permit applicant for construction, improvement or repair of a public or private drainage system must: (a) Comply with all federal, state and District wetland protection rules and regulations. (b) Demonstrate that such activity will not adversely impact down stream water quality or quantity. (c) Provide stable channel and ou'tfall. (d) Demonstrate concurrence with regional pond or subdivision drainage plans approved by the District, if applicable. (e) Retain a hydrologic regime that complies with District Wetland Alteration Rule F. (f) If drainage system is proposed to outlet a landlocked basin, provide sufficient dead storage volume to retain back -to -back 100 -year, twenty°fouf24- hour rainfalls and runoff. 4. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size (22 inches by 34 inches); two sets, reduced to maximum size of 11N-47.1° inches by 17 inches. (a) Map showing location of project and tributary area. (b) Existing and proposed cross sections and profile of affected area. (c) Description of bridges or culverts required. (d) Narrative and calculations describing wetland impacts and affects on water levels above and below the project area. • 5. EXCEPTIONS. The Board of Managers may waive the requirement of a permit under this rule for repair to a drainage system if the applicant proposes to repair a tiled system of less than fifty feet in length, and where such repair would not alter the invert of the system. • POLICY. waters -as-#eNows 2. REGULATION. (a) A public watcr basin -or than 500 acres in surface area. (b) A RULE J PUBLIC Wn RS has -e- or Ramsey County which is Icsa 3 CRITERIA. A permits opriation -s€ as-described , above +must complete-and-submit to the District an -ap epFietien checklist. The - appropriation checklist form may be obtained from -the District office. RULE K ENFORCEMENT 1 VIOLATION OF RULES IS A MISDEMEANOR. Violation of these rules, a stipulation DRAFT DOCUMENT 33 agreement made, or permit issued by the Board of Managers under these rules, is a misdemeanor subject to a penalty as provided by law. 2. DISTRICT COURT ACTION. The District may exercise all powers conferred upon it by Minnesota Statutes Chapter 103D in enforcing these rules, including criminal prosecution, injunction, or action to compel performance, restoration or abatement. 3. ADMINISTRATIVE ORDER. The District may issue a cease and desist or compliance order when it finds that a proposed or initiated project presents a serious threat of soil erosion, sedimentation, or an adverse effect upon water quality or quantity, or violates any rule of the District. RULE L VARIANCES 1. VARIANCES AUTHORIZED. The Board of Managers may hear requests for variances from the literal provisions of these rules in instances when their strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The Board of Managers may grant variances where it is demonstrated that such action will be in keeping with the spirit and intent of these rules. Such a request must be addressed to the Board of Managers as part of a permit applicatiop and roust address the four standards for variance consideration listed below, 2. STANDARD. In order to grant a variance the Board of Managers must determine that: (a) Special conditions apply to the structure or land under consideration that do not apply generally to other land or structures in the District. (b) Because of the unique conditions of the property involved, undue hardship to the applicant would result, as distinguished from mere inconvenience, if the strict letter of the rules was carried out. Economic considerations alone shall not constitute undue hardship if any reasonable use of the property exists under the terms of the District's rules. (c) The proposed activity for which the variance is sought will not adversely affect the public health, safety, welfare, will not create extraordinary public expense, will not adversely affect water quality, water control, drainage in the District. (d) The intent of the District's rules is met. 3. TERM. A variance shall expire ene -yeaf -after the date it is granted, unless implemented by applicant -within- that ene yea periodn expiration of the CAPROC approval or permit associated with the variance request. 4. VIOLATION. A violation of any condition set forth in a variance shall be a violation of the District rules, and shall automatically terminate the variance. These Rules -ef- -the Rice Creek -Watershed Distfiet- were - adepted -b the Rico Creek Watershed District Board ef- Managers - August 1? 1998. Andrew -d: Cardinal, Secretary Board -of Manager�-a€#he RICE CREEK WATERSHED STRICT DRAFT DOCUMENT 34 • • • • • Document comparison done by DeltaView on Wednesday, June 06, 2007 7:52:27 AM Input: Document 1 file: / /G: /clients /Rice Creek Watershed District (01325)/(200) Rules, Permits, Enforcement/(201) Rulemaking /2007 Revision /Rules - 1998.doc Document 2 file: / /G: /clients /Rice Creek Watershed District (01325)/(200) Rules, Permits, Enforcement/(201) Rulemaking /2007 Revision /Rules - Proposed (6- 5- 07).doc Standard Rendering set Legend: Insertion Deletion Moved from 465 Deletions Moved to Moved from Style change Moved to Format change moved doietion Inserted cell Format changed Deleted cell Total changes Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 465 Deletions 376 Moved from 35 Moved to 35 Style change 0 Format changed 0 Total changes 911 • RICE CREEK WATERSHED DISTRICT PROPOSED RULES (Issued for Public Review June 13, 2007) TABLE OF CONTENTS Page # CERTIFICATION 3 GENERAL POLICY STATEMENT 3 RELATIONSHIP OF RICE CREEK WATERSHED DISTRICT TO MUNICIPALITIES 4 RULE A: DEFINITIONS 4 RULE B: PROCEDURAL REQUIREMENTS 6 1. Application Required. 2. Forms. 3. Action by Board of Managers. 4. Issuance of Permits. 5. Permit Term. 6. Permit Assignment. 7. Permit Fees. 8. Performance Surety. 9. Other Permits and Approvals. RULE C: STORMWATER MANAGEMENT PLANS 1. Policy. 2. Regulation. 3. Design Criteria for Stormwater Management Plans. 4. Required Exhibits. 5. Platting or Easement Documents. 6. Exceptions. RULE D: EROSION CONTROL PLANS 1. Policy. 2. Regulation. 3. Design Criteria for Erosion Control Plans. 4. Required Exhibits. 5. Exceptions. RULE E: FLOODPLAIN ALTERATION 1. Policy. 2. Regulation. 3. Criteria for Floodplain Alteration. 4. Drainage Easements. 5. Required Exhibits. DRAFT DOCUMENT 1 9 17 18 RULE F: WETLAND ALTERATION 1. Policy. 2. Regulation. 3. Criteria. 4. Local Govemment Unit. 5. Required Exhibits. 6. Exceptions. RULE G: BRIDGES AND CULVERT CROSSINGS 1. Policy. 2. Regulation. 3. Criteria. 4. Required Exhibits. 5. Exceptions. RULE I: DRAINAGE SYSTEMS 1. Policy. 2. Regulation. 3. Criteria. 4. Required Exhibits. 5. Exceptions. RULE K: ENFORCEMENT 1. Violation of Rules a Misdemeanor. 2. District Court Action. 3. Administrative Order. RULE L: VARIANCES 1. Variances Authorized. 2. Standard. 3. Term. 4. Violation. DRAFT DOCUMENT 2 20 23 24 25 26 • • • • • CERTIFICATION OF RULES 1, Susan Oven, Secretary of the Rice Creek Watershed District Board of Managers, certify that the attached is a true and correct copy of the Rules of the Rice Creek Watershed District having been properly adopted by the Board of Managers of the Rice Creek Watershed District. Dated: GENERAL POLICY STATEMENT The Rice Creek Watershed District (District) is a political subdivision of the State of Minnesota, established under the Minnesota Watershed Law. The District is also a watershed management organization as defined under the Minnesota Metropolitan Surface Water Management Act, and is subject to the directives and authorizations in that Act. Under the Watershed Law and the Metropolitan Surface Water Management Act, the District exercises a series of powers to accomplish its statutory purposes. The District's general statutory purpose is to conserve natural resources through development planning, flood control, and other conservation projects, based upon sound scientific principles. As required under the Metropolitan Surface Water Management Act, the District has adopted a Watershed Management Plan, which contains the framework and guiding principles for the District in carrying out its statutory purposes. It is the District's intent to implement the Plan's principles and objectives in these rules. Land alteration affects the rate, volume, and quality of surface water runoff which ultimately must be accommodated by the existing surface water systems within the District. The watershed is large, 201 square miles, and its outlet, Rice Creek, has limited capacity to carry flows. Flooding problems already occur in the District's urbanized areas along lower Rice Creek and other localized areas. Land alteration and utilization also can degrade the quality of runoff entering the streams and waterbodies of the District due to non -point source pollution. Lake and stream sedimentation from ongoing erosion processes and construction activities reduces the hydraulic capacity of waterbodies and degrades water quality. Water quality problems already exist in many of the lakes and streams throughout the District. Projects which increase the rate or volume of stormwater runoff can aggravate existing flooding problems and contribute to new ones. Projects which degrade runoff quality can aggravate existing water quality problems and contribute to new ones. Projects which fill floodplain or wetland areas can aggravate existing flooding by reducing flood storage and hydraulic capacity of waterbodies, and can degrade water quality by eliminating the filtering capacity of those areas. In these rules the District seeks to protect the public health and welfare and the natural resources of the District by providing reasonable regulation of the modification or alteration of the District's lands and waters to reduce the severity and frequency of flooding and high water, to preserve floodplain and wetland storage capacity, to improve the chemical, physical and biological quality of surface water, to reduce sedimentation, to preserve waterbodies' hydraulic and navigational capacity, to preserve natural wetland and shoreland features, and to minimize public expenditures to avoid or correct these problems in the future. DRAFT DOCUMENT 3 RELATIONSHIP OF RICE CREEK WATERSHED DISTRICT TO MUNICIPALITIES The District recognizes that the primary control and determination of appropriate land uses is the responsibility of the municipalities. Accordingly, the District will coordinate permit application reviews involving land development with the municipality where the land is located. The District intends to be active in the regulatory process to ensure that its water resources are managed in accordance with District goals and policies. Municipalities have the option of assuming a more active role in the permitting process after adoption of a local water management plan approved by the District and adoption and implementation of local ordinances consistent with the approved plan. The District will also review projects sponsored or undertaken by municipalities and other govemmental units, and generally will require permits for govemmental projects impacting water resources of the District. These projects include but are not limited to, land development and redevelopment, road, trail, and utility construction and reconstruction. The District desires to serve as technical advisor to the municipalities in their preparation of local surface water management plans and the review of individual development proposals prior to investment of significant public or private funds. To promote a coordinated review process between the District and the municipalities, the District encourages the municipalities or townships to contact the District early in the planning process. RULE A DEFINITIONS For the purposes of these rules, the following words have the meanings set forth below. References in these rules to specific sections of the Minnesota Statutes include any amendments, revisions or recodification of those sections. Beds of protected waters - all portions of public waters and public waters wetlands located below the ordinary high water level. Best management practices (BMPs) - measures taken to minimize negative effects on water resources and systems as documented in the Minnesota Construction Site Erosion and Sediment Control Planning Handbook (MBWSR, 1988), Protecting Water Quality in Urban Areas (MPCA, 1989) and the Minnesota Stormwater Manual (MPCA, 2006). Better Site Design — a set of development or redevelopment site - design principles and techniques that seek to mimic natural conditions by soaking water into the ground close to where it falls, minimizing impervious areas to reduce overall runoff volume, reducing connected impervious areas, and preserving natural drainage patterns and surfaces. Channel — a perceptible natural or artificial depression, with a definite bed and banks that confines and conducts water flowing either continuously or periodically. Criteria - specific details, methods and specifications that apply to all permits and reviews and that DRAFT DOCUMENT 4 • • • guide implementation of the District's goals and policies. Detention basin - any natural or man -made depression that stores storm -water runoff temporarily. Development - any proposal to subdivide land, any land- disturbing activity or creation of impervious surface, including but not limited to, municipal road construction or improvement and construction or reconstruction of stormwater conveyance systems, except that plowing as part of an ongoing farming operation shall not be considered development. District - the Rice Creek Watershed District established under the Minnesota Watershed Law, Minnesota Statutes Chapter 103D. Drainage system - a system of a ditch or tile, or both, to drain property, including laterals, improvements, and improvements of outlets. Excavation - the displacement or removal of sediment or other material. Floodplain - the area adjoining a watercourse or natural or man -made water basin, including the area around lakes, marshes and lowlands, that is inundated during a 100 -year flood. Floodway - the channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplains that must be kept free of encroachment so that the 100 -year flood may be carried without increasing the 100 -year flood elevation by more than 0.5 feet • Floodway fringe - the area between the floodway and the boundary of the 100 -year flood. • Governmental project - projects sponsored or paid for by a govemmental agency. Landlocked basin - a basin that does not have a natural outlet at or below the 100 -year flood elevation, as determined by the 100 -year ten -day runoff event. Low floor - the lowest level of a structure, usually the basement or walk -out level. Major drainageway - any drainageway having a tributary area of 200 acres or greater. Mill and overlay — removal of the top layer of bituminous pavement of a roadway or street by the grinding action of a large milling machine, followed by the placement of a new layer of bituminous or concrete pavement. Municipality - any city or township wholly or partly within the Rice Creek Watershed District. NPDES Permit — General permit authorization to discharge storm water associated with construction activity under the National Pollutant Discharge Elimination System (NPDES), issued by the Minnesota Pollution Control Agency. NURP - Nationwide Urban Runoff Program. Ordinary high water level (OHW) - the elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The OHW is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. If an OHW has been established for a waterbody by the Minnesota DRAFT DOCUMENT 5 Department of Natural Resources, that will constitute the OHW under this definition. Parcel - any quantity of land capable of being described with such definiteness that its location and boundaries may be established. Person - any natural person, partnership, unincorporated association, corporation, limited liability company, municipal corporation, state agency, political subdivision of the State of Minnesota. Public ditch - a county or judicial ditch over which the District has jurisdiction, or a ditch or tile established, constructed, or transferred to the District and over which the District has jurisdiction under Minnesota Statutes Chapters 103D, 103E, or 103B. Public waters - all waters identified as public waters under Minnesota Statutes section 103G.005, subdivision 15. Public waters wetlands - all wetlands identified as public waters wetlands under Minnesota Statutes section 103G.005, subdivision 15a. Redevelopment - any proposal to re- subdivide land, or any land- disturbing activity or addition of impervious surface to a developed site. Sedimentation basin - a natural or man -made depression that temporarily stores storm -water runoff for the purpose of allowing a portion of the suspended solids in the runoff to settle out Shoreland - land areas within 1,000 feet of the OHWL of a public waters lake or 300 feet of a public waters watercourse. Subdivision, subdivide - the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, Tots. Waterbasin - an enclosed natural depression with definable banks capable of containing water, that may be partly filled with waters of the state. Watercourse - a channel that has definable beds and banks capable of conducting confined runoff from adjacent land. Wetland - area identified as wetland under Minnesota Statutes section 103G.005, subdivision 19. RULE B PERMIT PROCEDURAL REQUIREMENTS 1. APPLICATION REQUIRED. Any person undertaking an activity for which a permit is required by these rules must obtain the required permit prior to commencing the activity that is subject to District regulation. Applications for permit must be submitted to the District in accordance with the procedures described in this rule. Required exhibits are specified for each substantive rule below. Applicants are encouraged to contact District staff before submission of an application to review and discuss application requirements and the applicability of specific rules to a proposed project. All permit applications must bear the original signature of the landowner or the selected contractor for govemmental projects. DRAFT DOCUMENT 6 • • • • 2. FORMS. Permit applications must be submitted on the form provided by the District. Applicants may obtain an application form from the District office or from the District web site at http:// ricecreek.org/permit/application. 3. ACTION BY BOARD OF MANAGERS. The Board of Managers shall act within sixty days of receipt of a complete permit application. A complete permit application includes all required information, exhibits, and fees. An application will not be ready for Board consideration unless all substantial technical questions have been addressed and all substantial plan revisions resulting from staff review have been accomplished. Permit decisions will be made by the Board except as delegated to the Administrator by written resolution. 4. ISSUANCE OF PERMITS. The permit will be issued only after applicant has satisfied all requirements and conditions for the permit, has paid all required District fees, and the District has received any required surety. 5. CONDITIONAL APPROVAL PENDING RECEIPT OF CHANGES (CAPROC). The District may conditionally approve an application, but such approval does not result in the issuance of a permit until all conditions precedent to the approval have been resolved. All conditions must be satisfied within twelve (12) months of the date of conditional approval. If a permit is not obtained within the 12 -month period, the applicant will be required to reapply for a permit and pay applicable permit fees. 6. PERMIT TERM. Permits are valid for an eighteen -month period from the date of issuance unless otherwise suspended or revoked. To extend a permit, the permittee must apply to the District in writing, stating the reasons for extension. Any plan changes, and related project documents must also be included in the extension application. The District must receive this application at least thirty (30) days prior to the permit expiration date. The District may impose different or additional conditions on a renewal or deny the renewal in the event of a material change in circumstances. On the first renewal, a permit will not be subject to change because of a change in District rules. 7. PERMIT ASSIGNMENT. A permittee may assign a District permit to another party only upon approval by the District and findings that the following conditions have been met: (a) The proposed assignee in writing agrees to assume all the terms, conditions and obligations of the permit as originally issued to the permittee; (b) The proposed assignee has the ability to satisfy the terms and conditions of the permit as originally issued; (c) The proposed assignee is not changing the project as originally permitted; (d) There are no violations of the permit conditions as originally issued; and (e) The District has received from the proposed assignee any required surety to secure performance of the assigned permit 8. PERMIT FEES. The District will charge applicants permit fees in accordance with a schedule that will be maintained and revised from time to time by the Board of Managers to ensure that permit fees cover the District's actual costs of administrating and enforcing permits. The current fee schedule may be obtained from the District office or the District web site at DRAFT DOCUMENT 7 http:// ricecreek .org/permit/feeschedule. An applicant must submit the required permit fee to the District at the time it submits its permit application. No permit fee will be charged to the federal govemment, the State of Minnesota or a political subdivision of the State of Minnesota. 9. PERFORMANCE SURETY. (a) Policy: It is the policy of the Board of Managers to conserve the District's water resources by assuring compliance with its rules. The District assures compliance by requiring a bond or other surety to secure performance of permit conditions and compliance with District rules, as well as protection of District water resources in the event of noncompliance with permit conditions and/or rules.. (b) Performance Surety Requirement: A surety or sureties, when required, must be submitted in a form acceptable to the District. The District will require applicants to submit a surety or sureties in accordance with a schedule of types and amounts that will be maintained and revised from time to time by the Board of Managers. The current schedule of surety amounts and acceptable forms and sources may be obtained from the District office or the District web site at http:// ricecreek .org /permit/suretyschedule. An applicant may submit a performance bond or an irrevocable letter of credit to the District to secure performance of permit conditions for activities for which the required surety amount as determined above is in excess of $10,000. The performance bond or letter of credit must be submitted before the permit is issued. (c) Form and Contents of Performance Bond or Letter of Credit: (1) The performance bond or irrevocable letter of credit must be in a form acceptable to the District and from a surety licensed to do business in Minnesota. (2) The performance bond or irrevocable letter of credit must be in favor of the District and conditioned upon the performance of the party obtaining the performance bond or letter of credit of the activities authorized in the permit, and compliance with all applicable laws, including the District's rules, the terms and conditions of the permit and payment when due of any fees or other charges required by law, including the District's rules. The performance bond or irrevocable letter of credit must provide that if the performance bond conditions are not met, the District may make a claim against the performance bond or letter of credit. (d) Release of Performance Surety. Upon written notification from permittee of completion of the permitted project, the District will inspect the project to determine if it is constructed in accordance with the terms of the permit and District rules. If the project is completed in accordance with the terms of the permit and District rules and the party providing the performance surety does not have an outstanding balance of money owed to the District for the project, including but not limited to unpaid permit fees, the District will release the performance bond or letter of credit, or retum the cash surety if applicable. Final inspection compliance includes, but is not limited to, confirmation that all erosion and sediment control BMPs and stormwater management features have been constructed or installed as designed and are functioning properly, and completion of all required monitoring of wetland mitigation areas. The District may retum a portion of the surety if it finds that a portion of the surety is no longer warranted to assure compliance with District rules. DRAFT DOCUMENT 8 • • • • RULE C STORM -WATER MANAGEMENT PLANS 1. POLICY. It is the policy of the Board of Managers to manage stormwater and snowmelt runoff on a local, regional or subwatershed basis and promote natural infiltration of runoff throughout the District to: (a) Maximize infiltration on individual sites through Better Site Design practices and advanced stormwater management to control runoff volume increases. (b) Provide effective water quality treatment before discharge to surface waterbodies and wetlands, while considering the historic use of District water features. (c) Ensure that future peak rates of runoff are less than or equal to pre - settlement rates. (d) Minimize land use impacts and improve operational and maintenance efficiency by siting stormwater management basins, when needed, regionally unless local resources would be adversely affected. 2. REGULATION. A permit incorporating an approved stormwater management plan is required under this rule for new development, redevelopment, or additions to an existing site, consistent with the following: (a) A permit is required for industrial, commercial or multi-unit residential development or redevelopment only for a site at least one acre in size. (b) A permit is required for single - family residential development or redevelopment only for a site at least five acres in size. (c) Notwithstanding paragraph (b), a permit is not required for construction of a single - family detached dwelling on an isolated lot. (d) The site size thresholds of paragraphs (a) and (b) and the exception of paragraph (c) do not apply if the site is: (1) Within the 100 - yearfloodplain; (2) Within 1,000 feet of a public water or protected wetland; or (3) Within 300 feet of Rice Creek, Clearwater Creek, Hardwood Creek or a public ditch. (e) If redevelopment will (i) disturb fifty percent or more of existing impervious surface or (ii) increase impervious surface by fifty percent or more, the requirement of paragraph 3(b)(ii)(b) will apply to all impervious surface on the site. For the purpose of this paragraph, the extent of disturbance is the area of exposure of underlying soils. (f) A permit is not required for construction on an individual lot within a residential subdivision if it conforms to a development plan approved by the District. DRAFT DOCUMENT 9 (g) A permit is not required for mill and overlay of a public roadway, sidewalk or trail that does not create additional impervious surface. 3. STORMWATER MANAGEMENT PLAN REQUIREMENTS. (a) Modeling. (i) A hydrograph method or computer program based on Natural Resources Conservation Service Technical Release #20 (TR -20) and subsequent guidance must be used to analyze stormwater runoff for the design or analysis of flows and water levels within and off the project site. Composite Curve Numbers shall not include directly connected impervious surfaces. (ii) In determining Curve Numbers to model runoff in the post - development condition, the Hydrologic Soil Type of areas within construction limits is to be shifted down one classification to account for compaction and soil smearing. (iii) The 100 -year critical event analysis of flood levels, storage volumes, and flow rates for waterbodies and stormwater management basins must include both the 24 -hour rainfall and the 10-day snowmelt events. (b) Standards. (i) Management Plan Framework. (a) When a stormwater basin is necessary, regional siting is preferred when regional management would not divert supply away from a local recharge area or groundwater - dependent natural resource. In evaluating the appropriateness of peak flow and water quality management in an existing regional basin, the District will consider whether it previously approved the basin and whether the basin was designed for build -out of the site to the extent proposed. (b) A stormwater management plan must conform to the District - approved local water management plan. (c) The proposed project must not adversely affect water level off the site during or after construction. (d) A landlocked basin may be provided an outlet only if it: (1) Retains a hydrologic regime that complies with District Wetland Alteration Rule F; (2) Provides sufficient dead storage volume to retain back-to- back 100 -year, 24 -hour rainfalls and runoff; and (3) Does not create adverse downstream flooding or water quality conditions as a result of increased discharge rate or volume, or other factors. (ii) Water Quality and Volume Control. DRAFT DOCUMENT 10 • • • • • (a) Activity creating impervious surface must explicitly address the use of Better Site Design (BSD) techniques as outlined in Chapter 4, "Minnesota Stormwater Manual" (MPCA, 2006 and subsequent revisions). Better Site Design involves techniques applied early in the design process to reduce impervious cover, conserve natural areas and use pervious areas to more effectively treat stormwater runoff and promote a treatment train approach to runoff management. An applicant must show that BSD techniques were evaluated in developing the design of a proposed project and demonstrate the infeasibility or inapplicability of techniques that were rejected. (b) Water quality and infiltration BMPs must be sized to infiltrate and /or retain runoff volume generated within the contributing area by a two -year (2.8 -inch) storm under the developed condition. BMPs shall be selected on the basis of site - specific conditions, including soil types, depth to water table and the presence of known or suspected contaminated soils. A site with Hydrologic Soil Group (HSG) soil type A or B must meet this standard through infiltration for that part of the site where type A or B soil is found. (c) For existing impervious surface required to be treated during redevelopment pursuant to paragraph 2(e) above, the standard is the 0.8- inch event rather than the 2.8 -inch event. (d) Where infiltration is not feasible, filtration is preferred. Infiltration is considered not feasible where soils do not support infiltration, documented soil contaminants preclude the use of infiltration practices, or there is inadequate separation from the water table. (e) For a site or part of a site characterized by HSG C or D soils, the stormwater management plan shall focus on incorporation of water quality BMPs. The order of preference for BMP's is biofiltration, filtration, wetland treatment system, extended detention basin, NURP ponding. (f) The runoff volume infiltration /detention standard of paragraph (b) is modified for public linear (roadway, sidewalk and trail) projects as follows: New _> 1.0 acre impervious No change. New < 1.0 acre impervious Rural to Urban Section Expansion / Reconstruction BMPs must be sized for the runoff volume generated from impervious surface within the contributing area by an 0.8 -inch event. Mill & Overlay No permit required. DRAFT DOCUMENT 11 (iii) Peak Stormwater Runoff Control. Stormwater runoff rates for the proposed project must not exceed runoff rates for the critical two-year and 100 -year frequency events. For those site areas not covered by hard surface in the pre - existing condition, runoff rates are to be determined for the pre - settlement condition. The following curve numbers shall be utilized for pre - settlement condition modeling: Hydrologic Soil Group Runoff Nam A 30 B 58 C 71 D 78 * Curve numbers from USDA -NRCS, Technical Release 55 (iv) Bounce and Inundation Period. The project must meet hydroperiod standards adapted from "Stormwater and Wetlands Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Stormwater and Snowmelt Runoff on Wetlands," (Minnesota Stormwater Advisory Group, June 1997), as follows: Highly susceptible wetland Pre - development Existing Existing Moderately susceptible Pre - development + 0.5 feet Existing plus 1 Existing plus 2 day days Slightly susceptible wetland Pre - development + 1.0 feet Existing plus 2 Existing plus 14 days days Least - susceptible wetland /Lake No limit Existing plus 7 Existing plus 21 days days (c) Design Criteria. (i) Infiltration BMPs must be designed to provide: (a) Adequate pretreatment measures before discharge of runoff to the primary infiltration area; (b) Drawdown within 48 -hours from the end of a storm event Soil infiltration rates shall be based on the appropriate HSG classification and associated infiltration rates (see Table 1 in Appendix C). Infiltration area will DRAFT DOCUMENT 12 • • • • • be limited to the horizontal areas subject to prolonged wetting; and (c) A minimum of three feet of separation from the seasonal high water table. (ii) Permanent sedimentation and water quality ponds must be designed to provide: (a) Water quality features consistent with NURP criteria and District wet pond criteria; (b) A permanent wet pool with dead storage at least equal to the runoff from a 2.5 -inch rainfall over the area tributary to the pond; and (c) An outlet structure capable of preventing migration of floating debris and oils for at least the one -year storm. (iii) Detention basins must be designed to provide: (a) An outlet structure to control the two -year & 100 -year frequency events to pre - settlement peak runoff sites; and (b) An identified overflow spillway sufficiently stabilized to convey flows greater than the 100 -year critical storm event. (iv) An outfall structure discharging to a wetland, public water or public water wetland must incorporate a stilling- basin, surge- basin, energy dissipater, placement of ungrouted natural rock riprap or other feature to minimize disturbance and erosion of natural shoreline and bed resulting from stormwater discharges. (v) All new residential, commercial, industrial and other habitable or non - habitable structures, and all stormwater basins, must be constructed so that the lowest floor and lowest entry elevations comply with the following table: Within a landlocked basin, lowest floor elevations must be at least one foot above the surveyed basin overflow elevation. Where a structure is proposed below the runout elevation of a land - locked basin, the low -floor elevation will be a minimum of two feet above the high water level as determined from an estimate of high water levels determined from the highest of either the 100 -year, ten -day runoff event or back -to -back 100 -year, 24 -hour rainfalls. Aerial photos, vegetation, soils, and DRAFT DOCUMENT 13 Regional Elevations Local Detention Basins & Wetlands Infiltration Basins Mottled Soils 100 -yr EOF 100 -yr EOF Bottom 100 -yr EOF per borings Low Floor 2 -ft 1 -ft 0 -ft NA 0 -ft NA NA 3 -ft Low Entry NA NA 2 -ft 1 -ft NA 2 -ft 1 -ft NA Within a landlocked basin, lowest floor elevations must be at least one foot above the surveyed basin overflow elevation. Where a structure is proposed below the runout elevation of a land - locked basin, the low -floor elevation will be a minimum of two feet above the high water level as determined from an estimate of high water levels determined from the highest of either the 100 -year, ten -day runoff event or back -to -back 100 -year, 24 -hour rainfalls. Aerial photos, vegetation, soils, and DRAFT DOCUMENT 13 topography will be used to derive a "normal" water elevation for the basin for the purpose of computing the 100 -year elevation. (vi) All stormwater management structures and facilities must be designed for maintenance access and properly maintained in perpetuity to assure that they continue to function as designed. The maintenance responsibility must be memorialized in a document executed by the property owner in a form acceptable to the District and recorded on the deed. Altematively, a municipality that has provided for assuming the perpetual maintenance obligation in its District- approved local water management plan may do so in a writing signed by an official with authority. (vii) Before work under the permit is deemed complete, the permittee must submit as- builts demonstrating that at the time of final stabilization, stormwater facilities conform to design specifications. 4. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size (22 inches by 34 inches); two sets, reduced to maximum size of 11 inches by 17 inches. (a) A Storm Water Pollution Prevention Plan. (b) Property lines and delineation of lands under ownership of the applicant. (c) Delineation of the subwatershed contributing runoff from off -site, proposed and existing subwatersheds onsite, emergency overflows, and drainageways. (d) Geotechnical analysis including soil borings at all proposed stormwater management facility locations. (e) Proposed and existing stormwater facilities' location, alignment and elevation. (f) Delineation of existing on -site wetland, marshes, shoreland and/or floodplain areas. (g) Identification of existing and proposed normal, and ordinary high and 100 -year water elevations on -site. (h) Identification of existing and proposed site contour elevations related to NGVD, 1929 datum. (1) Construction plans and specifications of all proposed stormwater management facilities, including design details for outlet control structures. (j) Stormwater runoff volume and rate analyses for the two- and 100 -year critical events, pre - settlement and proposed conditions. (k) All hydrologic, water quality, and hydraulic computations completed to design the proposed stormwater management facilities. (1) Narrative addressing incorporation of infiltration BMPs. (m) Platting or easement documents showing conveyance to the local land use authority of drainage and flowage easements over stormwater management facilities, stormwater conveyances and on -site floodplain up to the 100 -year event. An easement on a public ditch must be a minimum of 33 feet each side of centerline and specify a District right of enforcement to that minimum width. (n) Narrative explaining BSD techniques that were evaluated during the development of the design for the project, the results of the evaluation of each and, for any techniques that were deemed infeasible, the reasoning for the determination. DRAFT DOCUMENT 14 • • • • • • 5. EXCEPTIONS. (a) Subdivision of land without construction of impervious surface or structures is exempt from the requirements of Section 3 and paragraphs (e), (i), (i) & (k) of Section 4. However, future development will require a Rule C permit. (b) Rate control criteria of paragraph 3(b)(iii) may be waived if the site discharges directly to a water body with large storage capacity (such as a public water) that has a time - to -peak elevation greater than that for an on -site pond and the volume discharged from the on -site pond is negligible, relative to the volume of runoff entering the water body. DRAFT DOCUMENT 15 Appendix — Rule C Table C1 Source: Minnesota Pollution Control Agency, Minnesota Stormwater Manual. Thirty guidance manuals and many other stormwater references were reviewed by the MPCA when it compiled the recommended infiltration rates. All of these sources use the following studies as the basis for their recommended infiltration rates: Rawls, Brakensiek and Saxton (1982); Rawls, Gimenez and Grossman (1998); Bouwer and Rice (1984); and Urban Hydrology for Small Watersheds (NRCS). The rates presented in this infiltration table use the information compiled from these sources as well as eight years of infiltration rates collected in various infiltration practices located in the South Washington Watershed District. *U.S. Department of Agriculture, Natural Resources Conservation Service, 2005. National Soil Survey Handbook, title 430 -VI. (Online) Available: http: / /soils.usda.gov/technical /handbook/. ASTM standard D2487 -00 DRAFT DOCUMENT 16 • • • ..®.` a A Gravel, sand, sandy gravel silty gravel, loamy sand, sandy loam GW — Well- graded gravel or well - graded gravel with sand GP — Poorly graded gravel or poorly graded gravel with sand 1.63 GM — Silty gravel or silty gravel with sand SW — Well-graded sand or well - graded sand with gravel SP — Poorly graded sand or poorly graded sand with Gravel 0.8 B Loam, silt loam SM — Silty sand or silty sand with gravel 0.6 0.3 ML — Silt OL — Organic silt or organic silt with sand or gravel or gravelly organic silt C Sandy clay loam GC — Clayey gravel or clayey gravel with sand SC — Clayey sand or clayey sand with gravel 0.2 D Clay, clay loam, silty clay loam, sandy clay, silty clay CL — Lean clay or lean clay with sand or gravel or gravelly lean clay CH — Fat clay or fat clay with sand or gravel or gravelly fat clay OH — Organic clay or organic clay with sand or gravel or gravelly organic clay MH — Elastic silt or elastic silt with sand or gravel < 0.2 Source: Minnesota Pollution Control Agency, Minnesota Stormwater Manual. Thirty guidance manuals and many other stormwater references were reviewed by the MPCA when it compiled the recommended infiltration rates. All of these sources use the following studies as the basis for their recommended infiltration rates: Rawls, Brakensiek and Saxton (1982); Rawls, Gimenez and Grossman (1998); Bouwer and Rice (1984); and Urban Hydrology for Small Watersheds (NRCS). The rates presented in this infiltration table use the information compiled from these sources as well as eight years of infiltration rates collected in various infiltration practices located in the South Washington Watershed District. *U.S. Department of Agriculture, Natural Resources Conservation Service, 2005. National Soil Survey Handbook, title 430 -VI. (Online) Available: http: / /soils.usda.gov/technical /handbook/. ASTM standard D2487 -00 DRAFT DOCUMENT 16 • • • • • RULE D EROSION AND SEDIMENT CONTROL PLANS 1. POLICY. It is the policy of the Board of Managers to prevent erosion of soil into surface water systems by requiring preparation and implementation of erosion and sediment control plans for land- disturbing activities. 2. REGULATION. An erosion and sediment control plan must be submitted, and a permit received from the District, for (a) the grading, excavation, filling or stockpiling of more than fifty (50) cubic yards of earth or other erodible material; or (b) surface soil disturbance or removal of vegetative cover on five thousand (5,000) square feet or more of land. This requirement does not apply to plowing as part of an ongoing farming operation. 3. DESIGN CRITERIA FOR EROSION CONTROL PLANS. Erosion and Sediment Control Plans must comply with the following criteria: (a) Natural site topography and soil conditions must be specifically addressed to reduce erosion and sedimentation during construction and after project completion. (b) Site erosion and sediment control practices must be consistent with the Minnesota Pollution Control Agency document "Protecting Water Quality in Urban Areas" (1994), as amended, and District- specific written design guidance and be sufficient to retain sediment on -site. (c) The project must be phased as best possible to minimize disturbed areas and removal of existing vegetation until necessary for project progress. (d) The District may require additional erosion and sediment control measures on areas with a continuous slope leading to a sensitive, impaired or special water body, stream, ditch or wetland to assure retention of sediment on site. (e) The plan must include conditions adequate to protect facilities to be used for post - construction stormwater infiltration. 4. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size (22 inches by 34 inches); two sets, reduced to maximum size of 11 inches by 17 inches. (a) An existing and proposed topographic map which clearly indicates all hydrologic features and areas where grading will expose soils to erosive conditions. The Plan must also indicate the direction of all site runoff. (b) Tabulation of the construction implementation schedule. (c) Name, address and phone number of party responsible for maintenance of all erosion and sediment control measures. (d) Clear identification of all temporary erosion and sediment control measures which will remain in place until permanent vegetation is established. Examples of temporary measures include, but are not limited to: seeding with perennial vegetation, mulching, sodding, silt fence, erosion control blanketing, and stormwater inlet protection devices. DRAFT DOCUMENT 17 (e) Clear identification of all permanent erosion control measures such as outfall spillways and riprap shoreline protection, and their locations. (f) Clear Identification of staging areas, as applicable. (g) Documentation that the project applicant has applied for the NPDES Permit from the Minnesota Pollution Control Agency (MPCA), when applicable. (h) A Storm Water Pollution Prevention Plan for projects that require an NPDES Permit. (1) Delineation of any floodplain and/or wetland area changes. 5. CONSTRUCTION ACTIVITY REQUIREMENTS. The Permittee must follow the standards of the NPDES permit regarding erosion prevention, sediment control, dewatering, and BMP maintenance for any project requiring a permit by the District. 6. INSPECTIONS. (a) The permittee will routinely inspect project sites as required by the NPDES permit, implementing additional erosion and sediment control measures, as conditions required to assure retention of sediment on site. (b) The permittee will keep an inspection log on site as required by the NPDES permit. (c) The permittee shall be responsible for inspection, maintenance and effectiveness of all erosion and sediment control measures until final soil stabilization, full completion of the project, or permit assignment/transfer, whichever comes first. (See Rule B for permit assignment requirements.) (d) In order to ensure that sediment is retained on -site, the District may inspect the site and require the permittee to provide additional erosion control measures where site conditions warrant. 7. FINAL STABILIZATION. (a) Erosion and sediment control measures must be maintained until final vegetation and ground cover is established to a density of 70 %. (b) All temporary erosion and sediment control BMPs will be removed after all disturbed areas have been permanently stabilized. RULE E FLOODPLAIN ALTERATION 1. POLICY. It is the policy of the Board of Managers to: (a) Preserve existing water storage capacity in the 100 -year floodplain of all waterbodies and wetlands in the watershed to minimize the frequency and severity of high water. DRAFT DOCUMENT 18 • • • • (b) Enhance floodplain characteristics that promote the natural attenuation of high water, provide for water quality treatment, and promote groundwater recharge. (c) Preserve and enhance the natural vegetation existing in floodplain areas for fish and wildlife habitat. 2. REGULATION. No person may alter or fill land below the 100 -year flood elevation of any public water, public water wetland or other wetlands without first obtaining a permit from the District. 3. CRITERIA FOR FLOODPLAIN ALTERATION. (a) Encroachment into and the placement of fill within the 100 -year floodplain are prohibited unless fully compensatory storage at the same elevation is provided. Creation of floodplain storage capacity to offset fill must occur within the floodplain of the same water body, and within the original permit term. If offsetting storage capacity will be provided off site, it shall be created before any floodplain filling by the applicant will be allowed. Encroachment and /or filling will be allowed in flood fringe defined by the municipality according to FEMA procedures and for which encroachment is regulated by the municipality. (b) Construction of impervious areas within floodplain will not be allowed within the designated groundwater recharge areas for the Prairie du Chien - Jordan formation (as defined by Map 17 of the District's Water Resource Management Plan) except for road construction and trails. (c) To protect water quality and the conveyance capacity of the flood plain, the District will not permit site development that would involve the outside storage of soluble, toxic, or buoyant materials. (d) Structures and facilities subject to flood damage built within the 100 -year floodplain will have two feet of freeboard between the lowest floor and the 100 -year flood profile. 4. DRAINAGE EASEMENTS. Applicant will provide for District approval a flowage and drainage easement conveyed to the and use authority over areas of public waters, public ditches, public waters wetlands and other wetlands inundated by the 100 -year flood. An easement on a public ditch must be a minimum of 33 feet each side of centerline and specify a District right of enforcement to that minimum width. 5. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size (22 inches by 34 inches); two sets, reduced to maximum size of 11 inches x 17 inches. (a) Site plan showing property lines, delineation of the work area, existing elevation contours of the work area, ordinary high water elevation, and regional flood elevation. All elevations must be reduced to NGVD (1929 datum). (b) Grading plan showing any proposed elevation changes. (c) Preliminary plat of any proposed land development. DRAFT DOCUMENT 19 (d) Determination by a professional engineer or qualified hydrologist of the local 100 - year flood elevation before and after the project (e) Computation of change in flood storage capacity resulting from proposed grading. (f) Erosion Control Plan. (g) Soil boring results, if specified by applicable rule provision or requested by the District Engineer. 6. EXCEPTION. Restoration or stabilization of shoreline, approved by the District as necessary for stabilization, structurally sound and designed to minimize encroachment and alteration of hydraulic forces, is exempt from the compensatory storage requirement of section 3(c)(1). RULE F WETLAND ALTERATION 1. POLICY. It is the policy of the Board of Managers to: (a) Achieve no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands. (b) Increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands. (c) Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands. (d) Replace wetland values where avoidance of activity is not feasible and prudent. 2. REGULATION. No person may fill, drain, excavate or otherwise alter the character or hydrology of a wetland without first obtaining a permit from the District. 3. LOCAL GOVERNMENT UNIT. The District intends to serve as the "local govemment unit" for administration of the Minnesota Wetland Conservation Act (WCA), unless a particular municipality in the District has elected to assume that role in its jurisdictional area. Notwithstanding the above, the District will continue to require wetland alteration permits under this rule for wetland - altering activities not regulated under WCA. 4. CRITERIA. (a) WCA, as amended, and the rules implementing WCA as set forth in Minnesota Rules chapter 8420, as amended, are incorporated as part of this rule and govem District implementation of WCA. (b) Alterations in wetlands for the purposes of wildlife enhancement must comply with the criteria described in General Design Consideration for Wildlife Pond Construction and Wetland Alterations, included in Appendix F. DRAFT DOCUMENT 20 • • • • • (c) The District will regulate wetland alterations that do not require replacement under WCA rules and do not qualify for one of the specific exemptions in Minnesota Rules 8420.0122 according to the rules and procedures of WCA, except as specifically provided in this Rule. Alteration under this paragraph requires replacement to ensure no Toss of wetland quantity, quality or biological diversity. Notwithstanding, replacement in the form of vegetative and hydrologic restoration of a degraded wetland will be credited in the amount of twice the acreage restored. (d) A wetland alteration not subject to WCA that does not change the type or function of a wetland and that preserves wetland quantity, quality and biological diversity is exempt from the replacement requirement. 5. ADDITIONAL DISTRICT REQUIREMENTS. In addition to the wetland replacement plan components and procedures in WCA, the following more specific requirements will apply to District review of WCA and, except as indicated, non -WCA wetland alterations: (a) Applicants must adequately explain and justify each individual contiguous wetland alteration area in terms of impact avoidance and minimization alternatives considered. (b) To be eligible for New Wetland Credit (NWC), replacement wetland adjacent to upland must include upland buffer of native vegetation at least 25 feet in width adjacent to the entire NWC area except where contiguous with existing wetland. The buffer must meet WCA requirements for Public Value Credit (PVC). (c) Replacement wetland must be designed to replicate at least 50 percent of each wetland community type (as defined in MnRAM 3.0 or subsequent revisions) being altered. (d) Where the wetland alteration is proposed in the context of land subdivision, on- site replacement wetland cannot be located on a buildable lot and must be separated from buildable lots by a physical barrier such as a stormwater pond, infiltration basin, existing wetland or other permanent physical feature that protects against future encroachment into the replacement wetland. (e) The upland edge of new wetland creation must have an irregular and uneven slope. The slope must be no steeper than 8:1 over the initial 25 feet upslope from the projected wetland elevation contour along at least 50 percent of the upland/wetland boundary and no steeper than 5:1 along the remaining 50 percent of the boundary. (f) The District will not allow excess credits to be used for replacement on a different project unless the credits were designated for wetland banking purposes in the original application in accordance with WCA rules and have been deposited into the WCA wetland banking system. The District may permit otherwise- conforming credits not yet deposited into the wetland banking system to be so used if construction was completed within two years of submittal of a complete application proposing to use them and on District consideration of the recommendation of the Technical Evaluation Panel. 6. REQUIRED EXHIBITS. The following exhibits must accompany a permit application for both WCA and non -WCA wetland alterations. . DRAFT DOCUMENT 21 (a) Site Plan. An applicant must submit one set, full size (22 inches by 34 inches) and two sets, reduced to maximum size of 11 inches by 17 inches, of a site plan showing: (1) Property lines and comers and delineation of lands under ownership of the applicant. (2) Existing and proposed elevation contours, including the existing runout elevation and flow capacity of the wetland outlet, and spoil disposal areas. (3) Area of the wetland portion to be filled, drained, excavated or otherwise altered. (b) Wetland Delineation Report. An applicant must submit at least three copies of a wetland delineation report conforming to a methodology authorized for WCA use and otherwise consistent with Minnesota Board of Water & Soil Resources guidance. The following requirements /clarifications apply to submittals of wetland delineation /determination reports to the District and supplement the approved methodology and guidance: (1) Wetland delineations should be conducted and reviewed during the period of May 1 - October 15. The District may accept delineations performed outside this time frame on a case -by -case basis. The District will determine if there is sufficient information in the report and visible in the field at the time to assess the three wetland parameters (hydrophytic vegetation, hydric soils, hydrology) in relation to the placement of the wetland delineation line. If proper assessment of the delineation is not possible, the District may consider the application incomplete until appropriate field verification is possible. (2) An applicant conducting short- or long -term wetland hydrology monitoring for the purpose of wetland delineation /determination must coordinate with the District prior to initiating the study. (3) For a site with row - cropped agricultural areas, the wetland delineation report must include a review of Farm Service Agency aerial slides (if available) for wetland signatures per Minnesota Wetland Mapping Conventions for 1985 Food Security Act as Amended and Section 404 Clean Water Act or subsequent State - approved guidance. This review is to be considered along with field data and other pertinent information, and is not necessarily the only or primary basis for a wetland determination in an agricultural row - cropped area. (4) The wetland delineation report must include: (a) Items required by the Guidelines for Submitting Wetland Delineations to the St. Paul District Corps of Engineers and Local Units of Govemment in the State of Minnesota (1996) and subsequent updates. (b) National Wetland Inventory (NWI) map, Soil Survey Map, and Department of Natural Resources (DNR) Protected Waters Map of the area being delineated. (c) Results of a field investigation of all areas indicated as potential wetland by mapping sources including: NWI wetlands, hydric soil units, poorly drained or depressional areas on the Soil Survey Map, and DNR Protected Waters or Wetlands. DRAFT DOCUMENT 22 • • • (d) Cowardin and Circular 39 classifications of each delineated wetland. (e) A survey map (standard and survey methods or DGPS of delineated wetland boundaries). (c) Wetland Replacement Plan Application. An applicant submitting a plan involving a wetland alteration must submit at least seven copies of a replacement plan application and supporting materials conforming to WCA replacement plan application submittal requirements and including the following additional documents: (1) Plan sheet(s) clearly identifying, delineating, and denoting the location and size of each wetland impact area and replacement wetland area. including stormwater features proposed for PVC. (2) Plan sheet(s) with profile views and construction specifications of each replacement wetland including proposed/estimated normal water level, proposed /estimated boundary of replacement wetland, topsoiling specifications (if any), grading specifications, and wetland/buffer seeding specifications. (d) Functions and Values Assessment. An applicant must submit a before -and -after wetland functions and values assessment using a WCA - accepted methodology for a project involving at least one acre of wetland impact requiring replacement. (e) Erosion Control Plan. An applicant must submit an erosion and sediment control 410 plan in accordance with District Rule D. 7. EXCEPTIONS. Clearing of vegetation, plowing or pasturing in a wetland as part of an existing and ongoing farming operation is not subject to this rule unless the activity results in draining or filling the wetland. RULE G BRIDGE AND CULVERT CROSSINGS 1. POLICY. It is the policy of the Board of Managers to preserve the capacity of the present drainage systems to accommodate future needs. 2. REGULATION. No person may construct, improve, repair or alter the hydraulic characteristics of a bridge profile control or culvert structure on a creek, public ditch or major watercourse in the District, without first obtaining a permit from the District 3. CRITERIA. A crossing must preserve existing design hydraulic capacity or, if on a public ditch, hydraulic capacity conforming to the drainage right of benefited lands_ Notwithstanding, a permit application for a ditch crossing will not obligate the District, in its function as ditch authority, to investigate or hold proceedings to establish the official profile of the affected ditch. Permit issuance is not a warranty and the crossing owner will remain responsible should the crossing at any time be found to be an obstruction under the drainage law. In addition, a crossing must: (a) Retain existing navigational capacity. • (b) Not adversely affect water quality. DRAFT DOCUMENT 23 (c) Represent the "minimal impact" solution to a specific need with respect to all other altematives. (d) Allow for future erosion, scour, and sedimentation considerations. 4. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size (22 inches by 34 inches); two sets, reduced to maximum size of 11 inches by 17 inches. (a) Construction details showing: (1) Existing and proposed flow line (invert) elevations. (2) End details with flared end sections, wing walls and /or riprap (energy dissipaters). (3) Size and description of structure. (4) Emergency overflow elevation and route. (b) Construction schedule. (c) Narrative describing construction methods. (d) Erosion Control Plan. (e) Computations of watershed area, peak flow rates and elevations, and discussion of potential effects on water levels above and below the project area. 5. EXCEPTIONS. (a) Criteria 3(a) may be waived if the applicant can demonstrate with supporting hydrologic calculations: 1) the need for an increase in discharge rate in order to provide for reasonable surface water management in the upstream area, and 2) that the downstream impacts of the increased discharge rate can be reasonably accommodated and will not exceed the existing rate at the municipal boundary. RULE I DRAINAGE SYSTEMS 1. POLICY. It is the policy of the Board of Managers to regulate new construction, improvement or repair of public or private drainage systems (open and tiled) for the following purposes: (a) To preserve the capacities of drainage systems to accommodate future needs. (b) To improve water quality and prevent localized flooding. 2. REGULATION. No drainage system may be constructed, improved or repaired without first obtaining a permit from the District. The permit is in addition to any formal procedures or District approvals that may be required under Minnesota Statutes Chapter 103E or other ditch law. DRAFT DOCUMENT 24 • • • • 3. CRITERIA. A permit applicant for construction, improvement or repair of a public or private drainage system must: (a) Comply with all federal, state and District wetland protection rules and regulations. (b) Demonstrate that such activity will not adversely impact down stream water quality or quantity. (c) Provide stable channel and outfall. (d) Demonstrate concurrence with regional pond or subdivision drainage plans approved by the District, if applicable. (e) Retain a hydrologic regime that complies with District Wetland Alteration Rule F. (f) If drainage system is proposed to outlet a landlocked basin, provide sufficient dead storage volume to retain back - to-back 100 -year, 24 -hour rainfalls and runoff. 4. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size (22 inches by 34 inches); two sets, reduced to maximum size of 11 inches by 17 inches. (a) Map showing location of project and tributary area. (b) Existing and proposed cross sections and profile of affected area. (c) Description of badges or culverts required. (d) Narrative and calculations describing wetland impacts and affects on water levels above and below the project area. 5. EXCEPTIONS. The Board of Managers may waive the requirement of a permit under this vale for repair to a drainage system if the applicant proposes to repair a tiled system of less than fifty feet in length, and where such repair would not alter the invert of the system. RULE K ENFORCEMENT 1. VIOLATION OF RULES IS A MISDEMEANOR. Violation of these rules, a stipulation agreement made, or permit issued by the Board of Managers under these rules, is a misdemeanor subject to a penalty as provided by law. 2. DISTRICT COURT ACTION. The District may exercise all powers conferred upon it by Minnesota Statutes Chapter 103D in enforcing these rules, including criminal prosecution, injunction, or action to compel performance, restoration or abatement. 3. ADMINISTRATIVE ORDER. The District may issue a cease and desist or compliance order when it finds that a proposed or initiated project presents a serious threat of soil erosion, sedimentation, or an adverse effect upon water quality or quantity, or violates any rule of the District. DRAFT DOCUMENT 25 RULE L VARIANCES 1. VARIANCES AUTHORIZED. The Board of Managers may hear requests for variances from the literal provisions of these rules in instances when their strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The Board of Managers may grant variances where it is demonstrated that such action will be in keeping with the spirit and intent of these rules. Such a request must be addressed to the Board of Managers as part of a permit application and must address the four standards for variance consideration listed below. 2. STANDARD. In order to grant a variance the Board of Managers must determine that: (a) Special conditions apply to the structure or land under consideration that do not apply generally to other land or structures in the District. (b) Because of the unique conditions of the property involved, undue hardship to the applicant would result, as distinguished from mere inconvenience, if the strict letter of the rules was carried out. Economic considerations alone shall not constitute undue hardship if any reasonable use of the property exists under the terms of the District's rules. (c) The proposed activity for which the variance is sought will not adversely affect the public health, safety, welfare, will not create extraordinary public expense, will not adversely affect water quality, water control, drainage in the District. (d) The intent of the District's rules is met 3. TERM. A variance shall expire on expiration of the CAPROC approval or permit associated with the variance request 4. VIOLATION. A violation of any condition set forth in a variance shall be a violation of the District rules, and shall automatically terminate the variance. DRAFT DOCUMENT 26 • • • • • Memo Environmental To: Lino Lakes Environmental Board From: Marty Asleson Date: July 25, 2007 Re: Main Street Village Concept Review Review Included as Item 6B is a preliminary review of Azure properties, Main Street Village, and letter from Jeff Smyser explaining review process for this project. This will be an informal concept review. Marty Asleson • Page 1 C 1 T OF w LN July 18, 2007 Tom Schutte Azure Properties 95 South Owasso Boulevard West St. Paul, MN 55117 Re: Main Street Village Application Dear Tom: We received your new application materials for the Main Street Village project. We have performed a preliminary review of the submittal. Recall that my letter of May 23 included in the list of incomplete items the geotechnical information for the second access route. This information is still lacking and therefore the application is incomplete. The 60 -day review period does not begin without a complete application. This access will be the main access for the entire development site in the future and thus cannot be considered merely accessory. Without this access, the overall project cannot function successfully. Without the geotechnical information, we cannot review the engineering feasibility of the access route. In addition, we will require a commitment to this access route in the form an easement, outlot, or other mechanism. We will not schedule a public hearing yet. However, we will bring the project to several review boards as the concept stage of a planned unit development. The Environmental Board will discuss the project on July 25 at 6:30. The Planning & Zoning Board will discuss the project on August 8 at 6:30. The discussions will be informal and not involve decisions. Comments from the boards will aid in revisions to improve the project. Please note that his letter does not represent a complete review of your submittal. Feel free to contact me with any questions at (651)982 -2425 or via e -mail at jeffsmyser @ci.lino- lakes.mn.us . Sincerely, Jeff Smyser, AICP City Planner 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651 -982 -2400 • Fax: 651- 982 -2499 • Agenda Item 6B Environmental Board Meeting Date: May 30, 2007 Topic: Main Street Village Background: Request The project proposal is located in the SE corner of Main Street/35E interchange (Attachment 1). The proposed project consists of a 6 -lot/ four -lot built commercial site to be known as Main Street Village. Approximately 7.5 acres of the 30 acre site is proposed to be developed. Although the proposed review is only 7.5 acres out of 30 acres, staff maintains that without some build out analysis, in particular proof (soil borings) that the future southern road connection will work, that this project will fail to be approved, and is thus determined to be incomplete. Site Data Total acres: 28.33 Number of Lots: 6 Existing Zoning: General Business Proposed Zoning: General Business Public Utilities: Sewer and Water Proposed Businesses: Gas station /convenience store /car wash, retail strip. Total Impervious Area: 4.94 Acres (57.4% of total). Analysis: Surface Water The site is tributary to Clearwater Creek via stormsewer along Otter Lake Road. The proposed stormwater management plan includes a NURP pond and a biofiltration basin serving the western portion of the site and six bioflitration basins serving the eastern portion of the site. The six biofiltration basins serving the eastern portion of the site will discharge to the city stormsewer system and ultimately to regional pond -2, constructed in 1998. The biofiltration areas satisfy RCWD infiltration requirements. Development of this site is consistent with the sizing assumptions of Pond 2, thereby satisfying District rate control and water treatment requirements for this portion of the site. Site access for maintenance reasons must be shown on the plan for all NURP and biofiltration areas. Rice Creek Watershed has issued a CAPROC or Conditional Approval Pending Receipt of Changes. The changes include permanent signage to be placed every 50 feet at the wetland - upland interface where lot backyards abut wetlands Infiltration ponds must be separated from ground water by at least 3 feet. All ponding areas (infiltration /filtration /NURP) should be designed with a pretreatment area. All ponding /filtration /infiltration areas must have a public access for maintenance reasons. Environmental Site Plan Considerations Additional water quality and quantity issues can be achieved by minimizing parking spaces and consolidating planting parking lot planting islands into more rain - garden type of landscaping. Structural BMP's such as Evaporative Control Systems and /or Netlawn in these areas would help to reduce water volumes and improve water quality, while at the same time create a better condition for parking lot plants. Any additional parking requested by the developer above minimum requirements should be replaced with pervious type of paving. The gas station and car wash should contain spill containment design. The gas station should have a sump /trench to catch spill materials, and the car wash should have a plan to capture phosphorous that may spill out of the building. Since this area is in the AUAR area, and is expected to be of Conservation Development design, the higher standards of water volume control and quality improvement may be increased with the use of structural BMP's. Stormwater Pollution Prevention Plan The Stormwater Pollution Prevention Plan must conform to Minnesota Rules (Attachment 16). The following modifications should be made to the submitted SWPPP and submitted to the City Engineer for inclusion in the plan requirements: 1. A narrative of proposed construction activity should be included. • 2. Receiving waters must be identified. • 3. Identification of who will oversee the SWPPP and implementation of the SWPPP, i.e., who will be responsible for inspections and maintenance. 4. Identify how large the disturbed area will be. 5. Identify the % impervious. 6. Construction sequence: Construction of infiltration areas should be done at the end of the project and protected from sedimentation and compaction. 7. Outlet protection must be identified. Outlet protection must be of the Wimco, Infrasafe, or similar design. 8. Native seed mixes shall be to the City's specification. Seed labels must be provided to the City. 9. A temporary sedimentation basin during construction is most desirable and should be located on the SWPPP. A dewatering method approved by the city must be indicated. No dewatering will be done with out City approval. 10. A schedule for covering all disturbed soils must be provided. 11. Provide a description of installation and sequencing off all erosion prevention and sediment control BMP's. 12. SWPPP must reflect all of the NPDES requirements. Unique resources Wetlands: There are 4 on the site Wetland A will be filled and is a Wetland Conservation Act exempt wetland. Wetland C, non - exempt, will be filled in. Wetland D, non - exempt, will be filled. Wetland B is proposed to have 21,000 feet filled and is non - exempt. The wetland delineation has RCWD approval. The wetland replacement plan has been approved. Vegetation: No known or predicted. Wildlife: No known or predicted. Site Vegetation The site vegetation consists mainly of non - native, short and tall grasses. Tree Preservation A tree inventory has been submitted. All trees are away from proposed soil disturbance areas and outside of proposed silt fence areas. Tree preservation is complete and adequate. AUAR Considerations This area is in the AUAR area. The property does not contain any of the City Open Space and Trails Plan considerations. • • The Area must achieve the runoff Volume requirements of the AUAR. A discussion of the water quality and quantity leaving the site before and after the project is built must be provided. One -foot contours must be provided. AUAR area development proposals should follow the guidelines of the AUAR document in having "no net release" total phosphorous. A P -8 predictive model should be submitted as a part of this discussion. Although RCWD seems to be satisfied with quantity and quality considerations, I would request that the City Engineer look at AUAR/RCWD Curve numbers for both grassland area and composite curves for this area as represented in our AUAR. The goal as stated in the AUAR of the implementation of best management practices such as rain gardens, infiltration galleries, buffer strips, designed wetlands, bio-swales, and sediment basins should be the no -net increase in total phosphorous leaving a given development site. The use of native plants in treatment areas play a vital role in creating preferential infiltration and ground water recharge pathways through hardpan layers. Hardpan layers are common under row crop land uses due to repeated tillage of soil at the same depth. Additional use of tree species planted through out the type C and D soils should be used to capture the 1st 0.1 inches to 0.4 inches of rain, and evapo - transpirate additional surface /and shallow ground water accumulations. Proof of MPCA requirements for infiltrating runoff volumes from the mean rainfall event (0.34 inches) within a 72 hour period be accomplished in a 48 hour period, and that there is a 3 foot separation between infiltration facilities and groundwater should be provided. In general, there should be a narrative addressing all of the mitigation strategies presented in the AUAR Landscaping Plant Schedule: Northwoods Red Maple should be replaced with a species that will tolerate heavy soils. Northern Blaze Ash should be replaced with a non - ash species. Little Leaf Linden should be replaced with American Linden such as "Redmond ", or "Boulevard ", or Basswood. More trees should be planted particularly in type C and D soils. All sodded or landscape areas must be shown on the plan as irrigated. All infiltration areas should be seeded with the city native seed mix. All Native seed mix areas should be planted by a contractor on the Minnesota Department of Natural Resources list of contractors. The native areas should be maintained for a minimum of 3 years by the approved contractor and if possible burned at the end of 3 years. • Infiltration ponds and areas seeded by the City native seed mix should not have aspen planted in them if future burning (as a tool) is anticipated. Instead plant oak species that will survive the use of fire. Attachments 1. Main Street Properties Cover Sheet 2. Existing Conditions and Resource Inventory 3. Preliminary Plat 4. Preliminary Site Plan 5. Preliminary Site Plan 6. Preliminary Utility Plan 7. Preliminary Utility Plan 8. Preliminary Grading and Erosion Control Plan 9. Preliminary Grading and Erosion Control Plan 10. Preliminary Grading and Erosion Control Plan 11. Preliminary Landscape Plan 12. Preliminary Landscape Details 13. Preliminary Infiltration Details. 14. Preliminary Lighting Plan 15. Preliminary Geotechnical Evaluation ATTACHMENT 1 LINO LAKES, MINNESOTA IH LOCATION MAP OUTLOT 8 SHEET INDEX 1. COVER SHEET 2. EXISTING CONDITIONS & RESOURCE INVENTORY 3. PRELIMINA.RY PLAT 4 & 5. PRELTIOINARY STAB PLAN 6 & 7. PRELIMINARY UTILITY PLAN 8 -10. PRELIMINARY GRADING & EROSION CONTROL PLAN 11. DETAILS 12. PREL1MINARY LANDSCAPE PLAN I3. PRELIMINARY LANDSCAPEDETAILS 14. PREL MINARYINFILTRAIIONDETAILS 15. PRELIMINARYLIGIITING PLAN 201 051th Cola MK (703)710-16113 Pc7F3-1023 Rovisim AZURE PROPERTIES P.O. BOX 17630 ST. PAUL, MDBOSOrA551I7 MAIN STREET VILLAGE LINO LAKES. MINNESOTA iDD GRAPHIC SCALE D 50 100 2011 ( Bt FFS6t ) 1 mob - 100 ft ci N891142'ZZ'E 20.73 N pN smse-54'w 2112/1.05 N OWNER Radford J. Schreier ycr ��- �r�,;t IG Ca HWY. R O-- P.r:, fi5L S south r of Cma ty slate `IS r Aid Igyhaoy No. 14 i Sec. z 4.1310. 0221, - - --- - ✓ \ .,._ •..7: •56622'DS"W STREET) n — ----- --- - e —NO — - 0— /4 NE1 -/4 ,.....7. e gyp. • v 1 D .w.a P 1B° I r 1_ 4 fig- / / / - I + , (...!'"—°---s.., \ o / %' ` , Jam .� - �7 ` 14 i A / � \ � ° l\ � 1 \ ,r� f� � wEn.aN \ � 1, T° wrr '' Ivf i/ / / ,/ - � � • /�r /�1 1 s'F/ 7� cn ni ;// /R /L1// ) \' —'�� L 1(/ / — \ 298.22 "` / i / / --/..; 1 '''."\.. I 2.0 `.J i"„""i Arid li:9 5°ue, fine of i \ 4wrfty iStole Aid ILghroy u C li t ! i ti \ 1 ! 1 ( ' - // / /m // i ` \ \_ \ 7 � \ inr / '1 ' ! /\ /!/ I /t LY NCk OWNER Richard 1 Schreier ,e Amer - v /' / 250.0 or- I n A,r-* 1 stale em,l 8)0 E f 3 --7 / '/,'/,77" ,/ / \ -°8)p 1 - f _ i 7 �� 1 L I / 1 ON 1 f f.__.) p� I 1 \ W / 1 ' I , i\ �` vad 7 // / N8a56 53`4 rr v. c] Li OWNEit loylr Corp. -y —.0435 ,fT 1 i 1 i :......61-ii Jo, I 1 �� • �' 111/ J I / / i \ \ \\ ( l r / / 7 ./ �1 \_.� / - / —°e.\ , _ 1 • / l ,h 1/-1 1 I ) 1 1 / L \ ( i / / / _ nr / ,, v/ 'y /_. /v h l/l I ` I ` I I r r / ' # �'/ % / //i /n.._n. I 1 / 1 ,// if /// //t21/,;,/;-/• /,/,:/- 'w / / /'. / //� ! / r j// )/ \ \ i I 1 f 1//i r/ /� ,fl�, �', / �/ //) (/ 1f/�/1 1 W \(`1/p /I j t'" /-/ / `. /.//1 (/ j'' ' /i __ go �`t;�rvc / / , / / 1 1 / / ' '1 fQ / / ` 1 1 / /„en'l /° J /1/ �`' / / ' /'j I w�".= vo�svo�"fbO �w.to / "" /— / alp. / d= hr neon, f J /.c ` 4 & i City of o irkae \_ \ •K\\ / west 1/4 Color of •-•Sec_ 24, 731N. R22W (Cast ion Man men ) PieNEERengineering nowoolM s ,.,mn.wer ,.faww.waa wmaae.v�n MC &gamble Drive N5celwmai9 Aai551711 (611)68)--1914 4 F ¢91-MOM n1` z -- J�4275 sw,,,r54'w /yd •111. _ l --en— _ ......-N 1n--- --- .i , '� s� 00NFit Pend K M0- South 1/4 Caner of 24. 1310. 0220 (Cast km Monument) N..DL. A TTE C • \ l -r \ ■r 0 ATTACHMENT 2 LEGAL DESCRIPTION Tract A, REGISTERED LAND SURVEY N0 240, Anoka County, Minnesota. (Torrens) AND Description Per Dos. No. 1375258 (Abstroct) That part of the Southwest Quarter of the Northeast Quarter of Section 24, Township 31, Range 22 described as follows: Beginning at the point of intersection of the South lime of County State Aid Highway 14 and the Easterly right -of -way lime of Interstate No. 3534 thence East along soid South line of County State Aid Highway No. 14, o distance of 200 feet thence at a right angle South 250 feet thence at a right one West 298.22 feet to the easterly right of way line of Interstate Highway No. 35E., thence Northerly along said Easterly right -of -way line 275.62 feet to the point of beginning, according to the United States Government Survey thereof. SiTE DATA Overall Area= *1,234,066 Square Feet or *28.33 Acres Total Upland = *1,011,200 Square Feat or *23.21 Acres Total Wetland = +777,365 Square Feet or *5.12 Arses NOTES 1. Existing conditions, topography & boundary information furnished by. Midwest Land Surveyors & Civil Engineers, Inc. 2. No title commitment was furnished for this property, subject to all easements of record, if any. 3. Site is vacant land. 4. Only VISIBLE improvements are shown hereon. 5. Beorings ore based on Anoko County Project Coordmote System, NAD63 (1996 Adjustment). 6. The underground utilities shown have been located from field survey information and existing drawings. The surveyor makes no guarantee that the underground utilities shown comprise oil such utilities in the area, either in service or abandoned, although he does certify that they are located as oourotely as possible from information available_ 7. Gopher State was not contacted for this survey. B. Wetlands delineated by Kjolhoug Environmental Services, Co. LEGEND =Drove Denotes Catch Basin Denotes Concrete .Surface _— Denotes 2 Foot Contour Interval -- vin -- Denotes 70 Foot Contour Interval er Denotes Electric Manhole =so Denotes Electric Box or Transformer 'V' Denotes Fire Hydrant lb. Denotes Gas Meter Denotes Guard Post * Denotes Light Pole ▪ Denotes Power Pole m Denotes Sanitary Sewer Manhole — a— Denotes Sanitary Sewer Denotes Sign ® Denotes Storm Sewer Manhole —sr— Denotes Storm Sewer 1030 Denotes Telephone Box — w— Denotes Watermain 9c Denotes Water valve — a— Denotes Overhead Electric — is— Denotes Underground Gas —err— Denotes Underground Telephone —w— Denotes Fiber Optics Cable —o— Denotes Controlled Access ® Denotes Well (ii> Denotes Anoka County Monument • Denotes bon monument found O Denotes 1/2 inch by 74 inch iron monument set and marked with license number 20595 - ---- Denotes Delineated Wetland D - Denotes Flared End Section -a. a Denotes Underground Electric Line(s) —Teo- -- Denotes Underground Gas Line(s) --,n Denotes Underground Telephone 'RECEIVED ---- -- Denotes Existing Storm Sewer --s-- Denotes Existing Sanitary :ewer I -- Denotes Existing Water Meer, JUL 1 0 2007 Coon Rapids Oface 201 60 Avow K.W. QmBgeA. MN 55/33 (KC 783-18111) F¢782 -1867 am�tem*elsoI WO=los b nnvtlrmy deem eym.kim and furl Nano e adly&owed Lod Stream. ..ner d - lam r daS°m or hfmmn >» 7eme>sE eakedrLm >a� Ace emits Rorikons 1. 7/10/07-Qty Common ne 0511117/ Maimed 778 Dana EXISTING CONDITIONS & RESOURCE INVENTORY AZURE PROPERTIES P.D. BOX 17430 Sr. PAUL, MINNESOTA 55117 CiTY OF LINO LAKES MAIN STREET VILLAGE 2 of 15 LINO LAKES. MINNBSOTA • IDD GRAPHIC SCALE 0 50 1DD ( BI FSWr ) 1 man r 100 ft. 20D PI$NEERneng ova -w.m<SHIS urmn.rsewr urm.evmna u�•weo.e� 24:29wweras mw Mrotires.Bogem, Ia115122 9151)651 -1914 Fr81 940 Coon Rapids Office ? L A T / E COWER Honore 1 Schreier — _ — — —�1 Soot rite of County State I .F Ad Highway Na 14 .q 0 tx. :: (& t N r Lest µ1/4 P /4 , '' r'T 140, 's. s0 2 0D -- „ . 543.14 +8•4•F___ >f 109 ' so ja r,� R 1 � 4 • Qes>,..1 o=_j I =1 177,679 eq.fI (Uplan• 61,9158 'sq. ,wa 55< f A /:' STREET) \ SB822'05'W 14— • / 1/ rL Nar23.12•E • `L Me tardier vrlth' (he South line al i ^- r County State Aid Highway No. 14 I I ( ^' ffnf !If(� t' ' I I 2 /� ./1 1 i-t-t/ v) 213 `i'eo: r L t ±151,983 sq ft. y Ls:15 b /J (ITploni- ±114.9 sqn )1 j/ 1p , ET_ LI 2Y �� U. - /u ^Tr —pr—r/ t `/ ^gin`' 1' r r•-1 24413111. 922W (Car Iron Monument) / WETLAND (Dutlot B ±5.368 sq. ft) South 1/4 Comer of 24, T3191. R221Y (Cast Iran Monument) WETLAND (Outlot B ±12.776 sq. ft) Fa,-1 tr owes epees aM enw f Vl\ VL 1 = 1 116 I., ! X7790 • r 1110 OUTLOT B ±659,622 sq.ft (Upland— ±6B9,632 sq. ft) / Li1 —1-2.7) A /`T A I 1 \!l V ! •l 1 PO f1 • A, e$' / 4e )L• ,txt'l row r w°ii/4 a ROM, r 1D /a No M DM. =MA 1 5,175 sq. vV Jiilil ! Iii ill 3 N ±57.577 s 11111 I =— II' 1nf ii 1 9 � /1 - -55 6`7 !11i:11_ill R- 2.`35 25 OUTLOT A ±52,D30 sq.ft. Richard 1 stivelc - - - - - -- c vr. .isWxtSW Jp op op op �o Z S88'56'53-9 50 ! A A lf1 I__ /-1 f VLi \ r 'I i MAIM j Line Laces If State Bank -� TL) A /•T if \ /1vl • 958•5'53'W 250.00 • 7 ,1 /l °ry / / J J S1 \..s.m ew r 1.x1 • I11S MO. 2m 942.75 N8655'54'E 02061 Pouf K. Mar P L A TT c 300.00 58855'54 _ W DwNEIt City of Lim Lakes F_ L,j t_ F_ <1 ToOor Corp. 124. ATTACHMENT 3 SITE DATA TOTAL BOUNDARY AREA 28.33 AC. NUMBER OF LOTS 6 SMAI I FST LOT 35,175 SQ.FT. LARGEST LOT 859,622 SQ.FT. EXISTING ZONING GENERAL BUSINESS PROPOSED ZONING GENERAL BUSINESS PUBUC UTILITIES AVAILABLE LEGAL DESCRIPTION Treat A, REGISTERED LAND SURVEY NO. 240, Anoka County, Minnesota. (Torrens) AND Description Per Doc No. 1375258 (Abstract) That port of the Southwest Quarter of the Northeast Quarter of Section 24, Township 31, Ronge 22 deserted as follows Beginning at the point of intersection of the South One of County State Aid Highway 14 and the Easterly right —of —way line of Interstate No. 355; thence East along said South One of County State Aid Highway No. 14, o distance of 200 feet thence at o right angle South 250 feet thence at a right angle West 298.22 feet to the easterly right of way line of Interstate Highway No. 35E; thence Northerly along said Easterly right —of —way line 275.62 feet to the point of beginning, according to the United States Government Survey thereof. RECEIVED JUL 1 0 2007 crrY OF LINO LAKES 2M ISO Swam KW. C•mRmirs.NDl SID fr61)' 3-18® Fc723 -1823 Hamby madly thethk Om we prepuce M after wdaw tosetmpenum and Nal Howe ®•ddyl®mlEare Sw.eyr ,damr ashen ores Swear hfemsnn Reg. He E 7e®eeE Remises, 20795 De. UMW fierforms 1. -Gq Ccomees 11m 251031171 oeatd TIER Down D1 PRELIMINARY PLAT AZURE PROPERTIES P.Q. BOX 17039 ST. PAUL, MINN2SO'TA 55117 MAIN STREET VILLAGE LINO LAKES. MINNESOTA 3 OF 15 1 CSAH 14 MAIN ST a aeR PIt ill ERengineering E �� ovo_a� wmeu� wmmrvsem owr�A� AN 351]0 Coon Rapids Office CComBEI 3 1 (651)681- 1914 F -91R (753) 753-11010 TC310-1W119 u 1. o a� O.; FC 11� I. P e !A 1 jj l— O'- T E T i A KE -ROAD - -a- -! 1— - -L--I i � I \\ ATTACHMENT 4 I{I 1 D 75 � fN1 GRAPHIC SCATS UI FELT 1 � � I I it 1 I 11 / im 1 rn 6 1 � —J r I I 1 I ,^ 1 - - - - -1 1 I- _ I SC D+I nl P 1 03YO OTHERS) DOSING DRIVEWAY EI r EXISTING BUILDING J 040P CURB AT ¢ITCN BAST DO /40 SIGN (ALT CRETE VALLEY GUTTER OUTLOT A SEE AL STCP i °I ONE WAY HO LEFT gal On 2) SITE DATA TOTAL SITE AREA — &BD AC. TOTAL IMPERVIOUS AREA — 4.94 AC (57.4% OF TOTAL) PARKING SUMMARY FOR McDONALDS/RETAIL 70 PARKING STALLS 4 HANDICAP PARKING STALLS 74 TOTAL STALLS • 0 DROP CURB AT CATCH BASIN SEE DETAL VACONCRETE CUTTER SEE SHEET 5 CURB TYPES DENOTES B612 TIP OUT CURB & GUTTER DENOTES B612 CURB & GUI1tK NOTE: ALL DIMENSIONS ARE 10 BACK OF CURB. 1. CITY REVISIONS. PARKING LOT PAVEMENT SEC710N 8512 CONCRETE CURE k GLITTER FUTURE ACCESS 8512 CURB d: CUTTER w Ib P. I " E rc DROP CURB . P LeK DROP CURB AT CATCH BASIN LS TYPE BITV/MOUS YEAR COURSE NVRE450358 81UNNOUS TAO< COAT 2• TYPE 8I1WINOUS BASE COURSE 151448350385 r CLASS 5 AGGREGATE BASE I ber 2y von* Ihntc Oar was ;repeal by von or mossy diva 5gvviJmSA tll1 =der 1 c1avrs et (=Slate Mamas. Bet- Am NW DM 5/3/07 sad Reviviont 1 7F5W7 Dru 31385 T>mmd DAS C . SAG PRELIMINARY PLAN AZURE PROPERTIES P.O. SOX 17630 ST. PAUL- MINNESOTA 55I17 MAIN STREET VILLAGE LINO LAKES, MINNESOTA 4 OF 15 • J T CURB AT CATCH BASIN SEE DETAL ATTACHMENT 5 CURB TYPES DENOTES B612 TIP OUT CURB & GUTTER DENOTES B612 CURB & GUTTER NOTE ALL DIMENSIONS ARE TO BACK OF CURB. GRAPHIC greTrr III gEET SITE DATA TOTAL SITE AREA — B$0 AC. TOTAL IMPERVIOUS AREA — 4.94 AC (57.4X OF TOTAL) OUTLOT B PARKING SUMMARY FOR GAS STATION 20 PARKING STALLS 2 HANDICAP PARKING STALLS 22 TOTAL STALLS PARKING SUMMARY FOR RETAIL BUILDING 101 PARKING STALLS 4 HANDICAP PARKING STALLS 105 TOTAL STALLS DROP Cum AT CATCH lugs SEES PARKING LOT • PAVEMENT SECTION 8612 CON CURB & GUTTER 1S' TYPE BITUMINOUS SEAR COURSE WM4E450358 BITUIUNOUS TACK CWT 2 TYPE BITUMINOUS BASE COURSE LUNY/35035S r CLASS 5 AGGREGATE BASE DROP CURB DROP CURB AT CATCH BASIN INSTALL STAKED SOD FOR SOIL STABILIZATION CATCH BASSI SECTION A —A RIM ISIZ IORTo ELEV., TOM ELEV., BBD PIZNEER>g 2C2 Ersapiw X55191 (fi51)68I -I 14 Fs.$IAIY Coon Rapids Office RECEIVED JUL 1 0 2007 CITY OF LINO LAKES I. CITY REVISIONS. C 15m .MN 55433 1710) 719 -IBID IP7113-I183 rmem,mtll, �n B�1� =1 51 ®6z ml dime wpewam and l N� s. t radar the lam of Maoism. Rq.Iin 14511 Dr< S13/07 Revisiews PRE tM1NARY Sli'E PLAN AZURE PROPERTIES P.O. BOX 17E3D ST. PAUL, MINNESOTA 551'7 MAIN STREET VILLAGE LINO LAKES, MINNESOTA 11 Inv. 916.2 A c COUNTY ROAD 84 JAee 1Z.� $‘a ATTACHMENT 6 C h EI_o o == E Rc 0 25 20 110 GRAPHIC SCALE IN FEET = -' `= ; 1 Li z L 0 0 A ;v DRIVE THRU MCDONALD'S FF 921.5 �!J EXISTING BUILDING OUTLOT B RETAIL FF 921.5 E 912 AT BUILDING Pvc a EANOUr CASING R -1976 RE 91L40 E 910.00 CBN7 12D RE 910.10 i CPE .ee. I 44 EB16 I I / 3(4r 16-14 RE 91S40t733 . J E 906.00 -NORTH E 967190 -EAST E 907.70 SOUTH CERNI • R 106 8.3 05 -2! ERE 91252 -.79'9 E 912 E 912.40,21- E 912.52-1 E 9125 -{1rw 9171 E E 9!314 -76 j 9 -24 WETLAND 47 -24- p • t.26L PI$NEERneng LANDISJIMINE 7472 E eeiselb.e Hmb.Ne 4h¢.N023C 1 051•11 -1914 Ax66144112 MAIN TILE CP1 E 916.6 ® 121 RE BROD El 014.50 pE 109-r PVC 220-35 • LOON os • D.= CL 52 VIM 106. 1 RE 917.00 E 971.32 -24' - - - -- °C E 9030 - - -- OUTLOT A 15-RY PVC Sears -O II46L tDNNECT'f6EAST. Sslue E7L E 896.22 TEENY N FlELD R.UG QA 1 E 896.62 AH- 1(48 -.I4) _ -cLSC r-1733 1 E RE ®9166�. 0 -EAST E 80637 -SOUTH E 05 7506E7-80 10.30 W OUTSIDE MCP SECTION rupd527w I rx r REDUCER w --7S PE • 0.335 CB 115 RE 91010 E 91410 HYDRANT W/ 6'CV &BOX 15'- -r DP CL 52 410_ d_ VIVA • a35f �1 CM0I 177 IO 110 NE 915.0D RE MESS E 913.29 -S E 913 E9130 29 4 -30 rx r 1EE ry I< lox =NI 100 RE 911:10 91282 -1r NSCATE WATERMAN r Gv & BOX 2 -8'-45 . BENDS • DRAR(I .E 1 O i E RARRI4 VISA � \ (SEE SHEET 7 1. C]rY RBVISSM. \ LEGEND EXISTING PROPOSED DESCRIPTION D4 H D ► 0 • O • D ► • • HYDRANT(S) GATE VALVE(S) REDUCER(S) EXISTING WATERMAIN PROPOSED WATERMAIN SANITARY MANHOLE(S) EXISTING SANITARY SEWER PROPOSED SANITARY SEWER CATCH BASIN MANHOLE FLARED END BEEHIVE EXISTING STORM SEWER PROPOSED STORM SEWER GENERAL NOTES 1. PRIOR 10 CONSII87CRON. TIE CONTRACTOR SHALL FELD 1■AFY ALL DOWNS U161TY LOCATOR AND NVO00. 9409 4 OR NOT SHOW MIT DISCREPANCY BETWEEN PLANS AND FELL LOCATIONS SHALL E REPORTED TO 111E PRMECT DEMO MEDIATELT. 2. CONTRACTOR IS 7D CONTACT -CORER STATE ONE CALL FOR UNITY =Knew (612 -454 -0002) 45 MUM P910t TO EXCAVA110N/C@6IRUCTEN. 3 ALL SANITARY SEVER. WATERMAN AND STORM SEVER CONSTRUCTION SHALL CONFNOI 70 WE C17 OF LND LMOS SP£CNRCA11011S. SWIM RECD E]ENS AND WE 'STANDARD SPECIFICATIONS FOR WATERMAN AND WINCE _ LIE FST LLATONS MD SANITARY AND SIORN SEVER NSTALLAIIOY 2000 MODE AS PREPARED BY THE CITY ENSIN ER5 ASSOCIATION OF I9519 S SANITARY SEVER PIPE SHALL BE STIR 30. & C SANITARY SERVICE PPE SHALL E SCL 40. 111.65 OTEERIIIM NOTED. SEE OTT E LND LAKES STANDARD RATES FOR ADDITIONAL SANITART MYER INFORMATION. S ALL WATERMAN SHALL E (DIP.) DUCTILE NON PPE CLASS 52 119.5 OBERES NOIEa A ,MARY 0F ESA' COVER IS REWIRED CR ALL WATERMAN. ANDES 011959100 NOTED. A UMW OF WY VORTICAL SEPARATION AND 1O NORI2XTATTAL SEPARATION 6 REDURED POR ALL U101iffS. SEE OTT CF LEO ONES STANDARD RATES RE ADORONAL WATERMAN WFC TAME L 6 ALL STOW SERER SHALL E DUAL WALL PULYtTMBE PPE MUMS 0199595 MOTE. SEE OTT OF 1N0 LAKES STANDARD PLA76 FOR ADDITIONAL STORM SEVER NFCFNATI0NL COMIRACTDR SHALL VEER ALL HALO G SERVICE LOCATIONS 1TH OWEN. Coon Rapids Office 201 !SS, Avem.KW. ComSapid; NN 55133 C763/ 7113-111111/ P¢7/5-1116 lmhemhy certify dr 9re plan was Pied hl reRmy dime rpvhie.sea WL1 m.ehal Limma PmIesiaml Bar codcbeLxo et beSSlsd ATmm. Nan sra Rq. Ale 19530 Dos 573107 RevArkes 871401 »� WES Desitisal DAS Dmm SAO PRELTM3NARY UTILITY PLAN AZURE PROPERTIES P.O. BOX 17830 ST. PAUL, MINNESOTA 55117 MAIN STREET VILLAGE LINO LAKES, MINNESOTA 6 OF 15 I r W I � CPE MANTLE , RE 916.10 1 914410 OUTLOT , „ „ . waxwir I %jl� RE Ca 116 91610 9V kBO1C 75-6' DP 452 ✓ CAD. EL, 919.0 DRAeIteE E 9166 o- Y BIND y 5-X 6' REDUCER to -15 PE 0 0355 SEE SHEET 6 z6 Yef � tr CNN 116 6E 91753 A..� -30• .1s PE `_ ' -6' PVC S- OR -35 a 1.005 e 0.355 r- 1j-- -> - 6 j7P d 52 Mill - 60P CL 52.14 6 a BOX 10 91� PI$NEER ng s •anmaa¢ eww4Aw,e. wrere..m+ 7.0ee220.e84a=6 ziANSVD (031)91 -1914 rvc.S1.9eq Coon Rapids Office C9 113 11E 916.23 E 914.73 OL SEPARATOR 6E 91750 E 913.9 631 -15] PE PEa O 0.355 =MN 117 CS 119 RE 915.0D RE T29D E 91329 -5 E 913. E 81325 -E E 914.15 -N 0 e a I] 725• -5 PVC SLIR -35 O 0.405 0 GAS PUMPS I 3 a ® Li gJ OM 115 RE 919.70 E feces 1.n 08 i._ 1 05 1 \ ] I I 137 -15 PE e 17 -t5. 0 0505 CBIM 111 91833 \IE3N3.H3 6'X r 1E 6 CV & 960 CNN 109 RE 91690 E 91232 -18- A XIH -t {4a pAa - -- - __cost Tr-1733 RE 91680 E 89678 -OAST E 896.3& -90UTH E 90657 -160014 1029 W 15515E DROP 5511014 NSIAME WATERMAN 145' -16 PE 0.305 ) r E -P623- E 1913.74 -1514 E 513.53 -454 E 41353 -15" KWIK TRIP FF 920.5 E912.5- AT 8619.0810 j •, P5 r, \may 7I_ c CAR WASH & 80X 6-43 REIN ex a' TEE HYDRANT W/� 8'Xwr ERmDUCER / 1H 25-5. IWP CL 52 919.0 '1 8. e i bti kic '!.i 1/� `- \ \\ NN OH 9 \ r RE 0913.40 ORAMLE E 915.4 \' 6)&90 E 91320 2-151' DRAWEE \ \E 915.4 11H -4(45 WA. CAST. R- RE 91670 f-E 90670 -5 wi E 908.06 -6' MIST ! 1 E 90955 AT BUILDING 5'X r LEE OP 052 196 SERVICE RE 917.53 \ E 91433 \ 6w & BOX • WETLAND • 143, • s4, 1. CT'REVOGS N. N. / • /N. \ \ //' / / �\ 2tf51 CPFI E 9145; D4 RE 91610/ E 912.0 \ \ \. 15 -15 PE \\ 0 0505 \ 50 1 RE 916. IP E 912.14 2-15 \4 TPE E 914.6 RETAIL FF 920.0 LOVER WAIPRXAN TO X.0145..014 15• S3'ARATICN SEMEN WAR MAN AND SWIM SERER CTOSPNG 0 O 1) r-45. REIN TRASH I 6 DP CL 52 151I (5 FL 101. BURY) I CIF4L/ I I I y10.15 �01 5 CAM 153 RE 9165 E 91139 r. r m� e� IM 102 RE PIED E 91092 OUTLOT B 1 �MMM CN & 905 HYDRANT 1 014 15-...91L4 6_ DIP ol. 52 WM i �,� -$�6- 1EOULfR 1 515E i • 1i DV T tmR tee" PLUG 24•-15 PE O 0.795 O DET cornea. SEE DEIAL E 91030 15 PES W/ TRA91 GUARD PLACE 3 Cr RP RAP. O.2 WL7F1 PUSH FANSC BLANKET 1E CAST 3 ,IONTS POND 1 / ATTACHMENT 7 16 E HD GRAPHIC SCATS D7 FEET LEGEND DUSTING PROPOSED DESCRIPTION D4 P4 D ► 0 O • • D ► HYDRAN1IS) GATE VALVE -(S) REDUCER(s) EXISTING WATERMAN PROPOSED WATERMAN SANITARY MANHOLE(S) EX611NG SANITARY SEWER PROPOSED SANITARY SEVER CATCH BASIN MANHOLE FLARED END BEEHIVE EXISTING STORM SEWER PROPOSED STORM SEWER STORM SEWER SCHEDULE CB or MH NO. STRUCT. SIZE NEENAH CASTING or EQUAL CBMH 101 48" DIA. R- 3250 -A MH 102 48" DIA. R- 1642 -B CBMH 103 4B" DIA. R- 3250 -A CBMH 104 46" DIA. R- 3250 -A CB 105 27" DIA. R- 3250 -A MH 106 60" DIA. R- 1642 -B CBMH 107 60" DIA. R- 3250 -A CBMH 108 60" DIA. R- 3250 -A CBMH 109 46" DIA_ R- 3250 -A CBMH 110 46" DIA. R- 3250 -A CBMH 111 48" DIA_ R- 3250 -A MH 112 48" DIA. R- 1642 -B CB 113 Zr DIA. R- 3250 -A CB 114 27" DIA. R- 3250 -A CBMH 115 45 DIA R- 3250 -A CBMH 116 46" DIA. R- 3250 -A MH 117 48" DIA. R- 1642 -B CB 11B 27" DIA. R- 3250 -A CB 119 27" DIA. R- 3250 -A CBMH 120 48" DIA R- 3250 -A CB 121 27" DIA R-3250--A CBMH 122 48" DIA. R- 3250 -A CB 123 27" DIA. R- 3250 -A CBMH 124 48" DIA R- 3250 -A CB 125 27" DIA. R- 3250 -A GENERAL NOTES 1. PRIOR 10 CSNSIR0C00N. 100 CONIRACCOC SHALL REID VERIFY ALL US19l5 UTIOY LOCATIONS AND MERU, SOW OR NOT 9511. ANY DEC EPARCT EM MEN PLANS AND 5888 LOCATIONS SHALL E RF3"OR152 7D 15E PRD.EGT ENO EER 99EDIA1E1Y_ 2 C ON1RAC OR 6 10 corm= -00PIFR STA1E OPE CALL' FOR warm LOGV71055 (312- 454 -0002 48 HOURS P10R TO IXCAVA11014/OG61NUCTIOL 3. ALL SANITARY RENEW WATERMAN AND STONE SERER CONSTRUCTION SHALL CONFORM TO TIE OTT OF LINO LAKES S ECFICMIOI6. 1R.DN0 RECUIRISENTS 4160 101E "STANDARD SPECIRCA110C6 IRR WATERMAN AND SERA= IRE INSTALLATIONS AID SANITARY AND =NM SEWER MINIMUM' 211m =5l15 AS PREPARED BY WE OTT INGINEENS ASSOOA1108 OF 1815 TA. 4. 6 warmer 51009 PPE SHALL BE 95 35. 16 6 108187497 soxvicE PPE SHALL E SCHH. 40. MESS =ERASE E 6107ED. SEE O17 OF LINO LAM STANDARD PLATIS FOR AOD 1IO8AL SANITARY SERER IPPO MA106L 5. ALL WATERMAN SHALL E MP.) OUC4LE DON PPE cuss 52 imams OTNBRISE NOTED. A MANIA IF &0' 501019 6 ECO ED ON ALL WATERMAN. LOESS 01ERNSE NOM. A 11955119 OF 15" V ERCAl_ SEPARA71O1 A1D 15 HORIZONTAL SEPARATION 6 E9UWED FOR ALL =DES. SEE 075 OF LORD LAKES STANDARD RATES FOC ADDITIONAL WATERMAN 91661 1A10K 6 ALL 1TORM SEWER 94401. E ORAL WALL POLYE1HIWE PIPE, UNLESS 010881990 NOTED. SE OTT OF LINO LAKES STANDARD PLATES FOR AOD6RONAL STOW SEWER RFOR4AIIOIL 7. WNMA019l SHALL VERIFY ALL BINDING SERVICE LCCATIO6 15V OILIER 51931 A.ea 1LW. Cam 11•0d414433433 CID) 713-I6D P¢183 -160 L weL. certify Am Weis pm we pepaed' emr- esetlrarye eaparmmm ma ®a eee>y 6.;®m Eedede�ed eadaee la. d11aAemd AS -Dm Sub] RIO 4.. 10594 14594 Ore 31361 1. 7/10/171 WTI D45 DAS De..a SAO PRELIMINARY UTILITY PLAN AZURE PROPERTIES P.O. BOX I7530 SL_PAUL, MO4NESOTA55117 MAIN STREET VILLAGE LTNOLARES, MINNESOTA 7 of 15 • • INFILTRATION BASIN 2 AREA =2,545 SF (SEE NOTE) 4 o�i U 4 WETLAND FILL J I I hti LAKE RGAID _ \. ATTACHMENT 8 D 15 30 eo GRAPHIC SCALE III FEET Zl(SEE NOTE) 0— SIN ail$ i F.F. = 921.5 xr 21.1 21.4 it AREA =3,209 SF. I\ / i( I // fi \�I INFILTRA11ON AREA =3,664 (SEE NOTE) BASIN 1 SF , •? • • • • • I I N GRAVEL CONSTRUCTION ENTRANCE r</ / / I INFILTRATION BASIN NOTES: 1. INSTALL SILT FENCE AROUND NFIL1RA1I08 BASN. 2. AVOID HEAVY EQUIPMENT TRAFFIC N BASIN AREA 3 EXCAVATE BASIN MTH BAOORE ALONG PERIMETER OF BASIN. 4. REMOVE TOPSOIL FR08 BASIN AIWA IF NEEDED FILL. 16' BELDW FNI91 GRADE WITH UNCOMPACIED ON SITE CLAYEY SAID OR SAND. 5. SIM LANDSCAPE PLAN FOR SMAE DETAIL AND PLANT NFIIRIAATON. PItNEER neenng taeA.ID[.m.s 10071.11SmtA xAemtavamt w616C.a AMmtlm N: AAN3.94 F.611.9436 (551)6C-1514 Fc681ia 1.. Coon Rapids Office LEGEND CONTOURS CATCH BASIN STORM SEWER SILT FENCE RETAINING WALL BOUNDARY IJNE EX. WETLAND PROPOSED EXISTING I. CITY NEV6f06. • /• C• • • n U \\ I N N 1 i — \ : ' _ , \ — mom• \_' .\ �= -� \ \ / -- � \ - -_ \ \ \ \ i' \\' .. N. .\ �� — ( —"....„.. \ i \\ \ \ \ \ 1 \ \ \ \ , \ TREE SCHEDULE (IN.) TREE TYPE NOTES /STATUS (IN.) (�N� TREE TYPE NOTES /STATUS 18 COTTON SAVE 16 COTTON SAVE 14 COTTON SAVE 12 ASH SAVE 10 ASH SAVE B ASH SAVE 10 ASH SAVE 14 WILLOW SAVE B ASH SAVE 14 WILLOW SAVE 10 ASH SAVE 28 WILLOW SAVE 10 ASH SAVE 2B COTTON SAVE 10 ASH SAVE 22 WILLOW SAVE 10 ASH SAVE 28 COTTON SAVE RECEIVED JUL 1 0 2007 CITY OF LINO LAKES BENCHMARK BRASS DISK IN SE. CORNER OF BRIDGE ABUTMENT. ELEV. =-932D8 201 nth A.n.eN.W. Cam Raps. PSSTs 1763i7113-1980 P¢715-d633 Dieeb, mtBl tlm this lla".)✓ by a'dcaa' Altea eoay.hdm mdlhll mda Weht.s dPoesmeaf ADmaoa N. sb Res. rat 19534 n.a srsim L 7(1537 D. WV D Ap DAS Dmm 1.141. PRELIMINARY GRADING & EROSION CONTROL PLAN AZURE PROPERTIES P.O. BOX I763D ST. PAUL, MINNESOTA 55117 MAIN STREET VILLAGE LINO TARES, MINNESOTA 8 OF 15 1 op INCIDENTAL WETLAND FILL BY COUNTY ROAD PROJECT MATCH DRIVE ENTRANCE - CONSTRUCTED BY THE COUNTY P W rip APPROX. LOCATION OF CONSTRUCTION LIMITS FOR COUNTY MAIN STRLL I UPGRADE PROJECT - REFLK TO COUNTY PROJECT FOR WETLAND IMPACT —) 1 .INFILTRATION BASIN 4 •• AREA =3,666 SF ,�•• (SEE NOTE) • • ATTACHMENT 9 G 15 80 so GEUIPHIC SCALE DI FEES \ N \ / / — WETLAND F1LL AREA =1,471 SF. / / / \ 7 / N. g • ��� � mow-• • • • • • • •, INFILTRATION BASIN AREA =1,5D6 SF (SEE NOTE) •/' , WETLAND FILL ^Blr AREA =7,990 SF._ 7 IIIIIF4i1RI! • • • • • \ PIZNEERengineering 2421Eawois Dow Afiertion s>m 15517661 -1914 Fc.$144n Coon Rapids Ofm I /;�, \� ' I i ,h1 916- 917 �i\ \� 20) ISO wvemNW. Can 7q:iar. SIN 15(33 1763) 723-1881) P¢733 -1613 N. -i'0 \ \"N" , 9N. Itwitlew 1. 7110/07 RIP RAP OVERFLOW \ SWALE. 911.5 DmwAA DAS Dow LW& PRELIMINARY GRADING & EROSION CONTROL PLAN AZURE PROPERTIES P.O. BOX 17E30 ST. PAUL. MINNESOTA 55117 WEE 31116. TOE -MOW 9w2,. E PLC .0C @0006 01 b ERECIGI PC EOWE21L FENCE groom Mow 601 n_ 605 BENCHMARK BRASS DISK IN SE. CORNER OF BRIDGE ABUTMENT. ELEV.= 932:08 GALVANIZED PLATE 6TLi7) 7R 6 VIER 4'21 WED2SECT1X4 9110 11113E DEIVED 92Fs JUL 1 0 2007 CRY OF LINO LAKES 9192 OUTLET CONTROL S1RUCTURE MAIN STREET VILLAGE LINO LASES, MINNESOTA 9 OF 15 • • 916 914 912 910 908 906 9D4 A r ATTACHMENT 10 J I ; Hum 1 15 I / // i r 1 — ; — GRAPHIC SCALE DT FEET BENCHMARK BRASS DISK IN SE. CORNER OF BRIDGE ABUTMENT. EL EV. =93208 m rn 9 �N' \ = \. / �J ,\ _11-6r.."- . \,% \ / - -- ---1— Eil—' I.�im ---d it�r�-- s�ll5lii- -- 1-`° i -X11 IISII � I�lij 1 '�i1 11Si1 � 11 / \'\ \ N. — "'II� • \ \\ \ \ �- \ to p ▪ \ -\ \ \ `\\\ \ \ \ `\ \ \E \\ UPLAND AREA EXISTING WETLAND WETLAND MITIGATION EXISTDJG GRADE UNWlLAnNG PROD GRADE 10 PI$NEER>e nrl.am+r� wmeAMERS fAwtlmvttvs w9mCAmA,� 24225atmPimDri.e Morino 1 -101914 P 1 MN 55770 (451001-1914 cNm-0IWI Coon Rapids Office 20 3D 40 50 60 70 BO SECTION A -A VEAIICAL SCALE HORIZONTAL SGIF 0 I 2 0 5 10 VERTICAL EXAGGERATION 1:5 CITY REVISIONS A ��il�®._ :-'— a'=r�-- �irri --�: i�1sl�lli�ilr� Tit r:_� fir= .�IUI��' - =•:. \11 i �J�IpNI"�1_ :fit: °•p•'1�1�.,�J�,,r�JlNjp.1 ��•� 1 11�� ���� _ ;�11n51� �� �Sllriio� co GRADING /EROSION CONTROL NOTES: 1. WHERE SCR. CORRECTIONS AID /OR FOILING OCCUR 94711IN THE SIN11 RIGHT -OF -WAY. TIE BACKFILL MATERIAL SHALL BE COMPACTED TO 950. OF TIE STANDARD MOISTURE DENSITY RE1AT1ON94P OF SOBS (AST)) D- 099 -70) EXCEPT THE TOP THREE FELT (3) or THE BACX-FULL WHICH SHALL BE COMPACTED TO 1005 DENSITY. AN INDEPENDENT 11=11NG FIRM SHALL TEST THE STREET SECTION 94 FILL AREAS AND PROVIDE 711E RESULTS OF THESE TESTS TO 1HE QTY, DIGNEER AND Tiff OLDIE. 2. THE CONTRACTOR SHALL *STALL SILT FENCE PRIOR TD COMMENCING GRADING ACTIVITIES AND SHALL MAINTAIN SAID FENCE FOR TIE DURATION OF CONSTRUCTION ACTIVITIS 3. THE CONTRACTOR SHALL LIMIT HIS ACTMTES 11) 11E GRADING LAOS SHOWN ON 111E GRADING PLAN. ALL CONSTRUCTION ACTIVITIES SHALL COMPLY WITH THE LOCAL ORDINANCE 4. THE C'ON1RACIOR SHALL INSTALL SNOW FENCE AS DIRECTED BY THE ENGINES; TO PROTECT TREE ROOTS 5. 111E CONTRACTOR SHALL SCHEDULE HS OPERATIONS TO MINIMIZE 1HE O510)505D AREA AT ANY OVEN 1144E B. AU. DISTURBED NON - STREET AREAS SHALL BE RESTORED N111 A MINIMUM OF 4' TOP SOIL AND SEED OR 5O7 AS OIRECIED BY THE ENGINEER WITHIN 72 HOURS OF COMPLETION OF THE GRADING ACITVIT' N THAT PEX0CULAR AREA A ALL SEED SOU. MULCH AND FERTILIZER SHALL CONFORM NTH TFE FOLLOWING MN/DOT SPEC&ICADONS. AS MODIFIED BELOW. GEE sop situatcrros FETRT 1.DISC ANCHORED) GENERAL. PLACD4ENT ZEGIEIGAMILIASEES 2575 B. SOD SHALL 90 PLAN BETHIND CURB NMEAOA1ELY FOLLOWING THE BACORWWNG UNDER QTY STREET AND UTLJTY PROJECT. C. THE SAD MIXTURE SHALL CONSIST OF A NN/DOT TYPE 500 UNLESS NOTED ELSEIWEIE ON INS PLAN. 7. FOLLOWING anut) CONSTRUCTION, THE DEVELOPER SHALL CLEAN TIE S MOONS ON AN ONGOING BASS AS REWIRED BY 1110 CITY. 9. '.0011CAL GRADING TELERAN= SHALL BE WHIN 0.2 FEET OF THE QTY APPROVED GRADING PLAN. 9. PROPOSED SPOT ELEVATIONS ARE TtF OF CURB UNLESS NOTED 07HERN50. 10. ND mom OF SANDY SOILS IN IN1IL1RATdN AREAS 0 N SILT FENCE • i — WETLAND BUFFLK AREA =2,700 S.F. (SEED BUFFER WITH BWSR -U8 SEED MIX) 971 • WETLAND MITIGATION AREA = 12,862 S.F. - SEE CROSS SECTION (SEED MIX BWSR -W5 SEED MIX) RECE ED JUL 1 0 2007 CITY OF UNO 701 RNA M NW. Cem7lodI P55733 P03) 7®-19® FCTD -1® IMImby amity the NAL Nm as Ammo, 19 cruder no Woo mE01N1 N� am only lae�PrNemmd lbp= 9W =kr ho Lmtofth:SmeraM 6 Reg. NA. 19.504 Doc 57!57 Niemen 7/1057 Doc 5,355 DmFON DAS Dom LAO. PRELIMINARY GRADING & EROSION CONTROL PLAN AZURE PROPERTIES P.O. BOX 17930 ST. PAUL, ° OTA55117 MAIN STREET VILLAGE LI ND LAKES, MINNESOTA 10 OF 15 1 � CO. ,WY _O, Ia' _ AT NO. C. S. A. H. NO. 1A - — ( M A I N S T R E E T ) — — 1 N' PIgNEER neI ng ONILSNOR515 lANOPLAMPAS IA,m RBYHOI LNeGIHM� LCD FlMpdMmM 1MI ILL. MN iSTm (651)610 -I91i FN.$1i48S Coon Rapids Office g20 910- 02 I I I I I I 910 ATTACHMENT 11 PLANT SCHEDULE KEY COMMON NAME/SCIENTIF1C NAME I QUANTITY I ROOT IINSTRUC11ONS OVERST TREES Q NORTHWOOD MAPLE /Aee rubrum 'Northwood' 19 2i B&B oar. Ali NORTHERN BLAZE ASH/fro:nus americana 'Jefnor 7 ii B&B . SUNBURST HONEYLOCUST /Gledisto triomnthoo vor. inermis 5uncole' 11 2S 81LB _ LITRE LEAF LINDEN/Rio eordoto 10 25 B&B ORNAMENTAL TREES 1 PRAIRIF1RE CRAB/sfalus'Proiffra 5 IS B&B 'ram QUAKING ASPEN/PMpulus tremuloides 30 1- COST. PLANING 444J" 0 AMUR CHOKECHERRY/Prunus mocok5l 13 1.5 B9 . EVERGREEN TREES 0 BLACK HILLS SPRUCE/Pioea 9louco demote, 5 S' B&B .. NOTE ALL LANDSCAPED AREAS TO BE IRRIGATED DECIDUOUS TREE PLANTING DETAIL MN OUT Dino wM MD TEAR ANWOR MEPGRIOD TRILL IN Y01 r11r L LEASER 00.001 PANT 063. i RANT m 001,aM(D NATYC SI. OR TCI101GRLT COMPACTED BACIOLL 15.. INSTALL PLANT SO TIE ROM FLARE 5 AT OR D TD7AMINE TE IRS GRADE PLUM RANT N PLASTIC MILE NM t0R6AP AM RARE SA0I3. F 05331 MKT. 1000005. 11111111N APggmA1El.T IT 6 TE 1Q 6 Tb0e4L MIDL PLANT MAIM lir 6 M BASKET O SE 16 610 . tl®NTAL RAM RIROEVER 5 STEMS RfllOE ALL WNW NO MASS PRm TD 5 6 T5. 0011 MARIE ALL 1RSE MUM RIMS IOIOIAD E RDAOVES ANO/GR SIRNOREIED 02 SCAM1 fOPIW AM SIM OF NEE PRIOR T1 PURIM. NOT 10 SCALE CONIFER TREE PLANTING DETAIL TRIO OUT GRAD 000 Alm WAX ARE/OR fl C 1MMS MUSD aa1 A 0.r0c 05_ PANT = SET PUNT m umoSTuMED OR TCRO NILTTT�c sm M1sA0E0 SAOeRL SOIL INSTALL RANI SD DE ROOT FLOE IS AT OR Il TOT MOLE TIE RN®Ec WOE PLAE PLANT N RANmm ROLE MIN MLR. NO RRE 0MEQ1. K 0)001 NUM 000055. MMC A IRIMOUIFLT 17 IF 11E TOP 6 R001061. NAM PLANT. MAM 10P 0 6 115. 0AS1ET 005.100 110 14016911. NNOS. WCIEYER 5 SWAM M10E ALL BURLAP Arm MARS AMTE BALL IB TRNE CRTOING RIMS MORS E IIMADER M065 SIRAINITE1162 OUT. *00 W SOT1 Arm MS 16 ROE PRIOR ID P LANING. NOT 10 SCALE - Ave • T — 2-3 1013 RAIL W■ETEA WATER TO 'S;'.1O.E PUNTS NO FILL NAM NA100 MGRS Too MUMS OF INSTAI05. n, MIBCNG 151 11 E SufFIC 017 W T ERIRMIT SATURATE R.T ELM AM PLANING NOTE. RAE MIN 1111101 00 MOM OF 1105=CM IMAM UNLESS MIL NOISTDE 3 MOVIE 1111160® NOM NODI NM 109 (m Nor RAE 101151 ACYIS0 TRIIMI 6 IRE L PUAe AID MAmOTi MN 5ACKFI 1 50d M@11L OM7 SEW 6 M0E MEN BAL10111MG — RECEIVED JUL 1 0 2007 cmr OF LINO LAKES GRAFHIC SCALE IN FEET 7016Sb ARMRSe1 W. Coon R -iII9 PclE f767) 7A -11410 P¢"/Ei -11/0 1Lem yeRdfymaDisPmwepepmedb7 1L� me mtlermy diem mpvRmm and Mal ®atlNy LimmMdlmaimereAmbitem .Tram Men eras 5111rn1f R. Hag. Nn Coe 1 D®ped DVS/PAL! Lamm PAM PRELIMINARY LANDSCAPE PLAN AZURE PROPERTIES P.U. Box I7030 ST. PAUL, 16PIP ESOTA55117 MAIN STREET VILLAGE LINO LAKES, MINNESOTA 12 OFI 15 • • • ATTACHMENT 12 ISLAND DETAIL A TYP. SCALE: 1a= 10' -0° ISLAND DETAIL B TYP. SCALE: 1"=10'— 0” PIeNEER neenng OvLD�6 YIp6MOR5 LUID na.ET� L}OdtEA.� 2422 Eam ertseAir A rece.-19 Mere55190 (651)661 -1914 14 9,4561-9460 Coon Rapids Office LANDSCAPE NOTES - The Limeade Controctor sbdl see the predict site to become Mode with the existing conditions prior to .ObnRtinp a bid. - The Landscape Contractor Noll notify the landscape Architect 01 proposed phy0cs start dote at tenet 7 days In odemes - The Landscape Contractor sheA be responsible for the fed +e Lunation of all existing utility latatiens on the project Ate with Gopher State One Can 1- 500-252 -t150 prier to commencing .ark The i omd.mpe Contractor than be re.ponawe ter the ProhMen and ,0nir of misting utilities damage during construction at no amt to the Owe. Notify the Ianderape Mddtse of any conflicts to faelltate plant rsacatiun. - Cretin to be performed by others. - No plant materiel shill be i staked until prsb,g and construction has been competed in the immeaate area. - Al plant material shall meet the stone:was found in the M,rice Association of Nurseryman- Amriwn Stondrd For Nursery Stock- - AA Centoinr moterid to be grown ih the contain a minimum of sin (6) months prior to planing on alto. - Deciduous and conferee teem shall not be staked, but the Landscape Contractor must guarantor .tandobmty to o'wind speed of 50 Y.P.H. - The Landscape Contrnetor shag guarantee new plant material through one (1) mlenaor year from the time of wrktsn acceptance of work front the Owner. Guorentee shall be agreed upon by Ds+Napr/6uldr and Landscape Contractor. - T e Landscape Architect rewws the right to reset any plants which are deemed unsatisfactory bebre, during or after installation. - If them is a descrepancy between the number of plants Now an the pion ,d the number shown on the plant 1101. the number shown an the plan 011 take precedence - The Landscape Controctr Moll be respmable far a mulches and planting sal quontities to complete work shown on the pion. T Londsoape Centrootr .hen verify all qum9ties shown on the plant melee, - Commercial grade pay lawn edging shall be instated ewe note - T s Landscape Cantroetr Nall raped all &cringe to the the caused by the planting operation 01 no cast to the Owner. - The Londecope Contractor Nee ksp pe mneds stem unstained AO peastrim and Meet access to be maintained throughout construe -en pernd. AO .rites Nall be prommtiy reenowel fern the etc Any demoge to existing iou-ities shall be mpdre .t the cemhaeter's Open, - The C05oclr she 5. responabs for .AnP1An9 .Nh al applicable cod, regulations and permits governing ire work. - Storoge of malaise or epees an-elte el not be aimed. PLANTING INSTRUCTIONS - M planting beds Need hose the existing se remanded . 6h peal mom kh compliame .en NnDOT Standard 3677 Select Tame, Type B. - A minimum of 6' of teasel to be placed in all planing beds. this 's in McKim to the pert moss amendment - Ronteg sole far bees, shrubs and grrrnd ewers Noll be fertile Zoom mdoni,9 a liberal amount .f hums and capable of meeting Vigorous plant growth. It shall comply lath MOOT Standard Select Topsail., Type B. SaSmictore Nan be free of noses Nandi hrdpmk se, stones and earned& Sall rnsace shall ho.e o 10 -10-10 fielder at a rate of 3 lbs. pe_ cubic yard k r pH between 5.1 a 75. Sea mishne Nob be incorporate throughout the entire bed by 'entitling its the existing 12' of soli - Prepare porting beds by aplyne Reno -itip as per Inge directions to wed to eau meth n earning arms nate an site Allow sufficient time for herbicide be take effect smelly pentkp areas to min depth of 6 . 6509 beds to erode, robe and remove me. dads and reels t- in darner er greater. Thoroughly water-sot* all sail. - Mar to dentin shrubs or perennials. Preen or equivalent shall be copied 0000045.; t0 Me mamrloctrr's hetmatiffe - 00 plants should be heeler, vioerrs malarial. free at pasts and d - Al trees shoed be straight- bunked sal full-boded and mss all specified requirements. - AA tress and shrubs Nall, be plants and mulched as shown in the Magi - Tl0erie el time tee al otmti., immetoaey after Menthe apply wets to scene plants errs m weds Tea construe r depth .0s watering basin arced shrubs and bees_ rater thrw9hty within 2 hours Mulch Moil be applied within 48 hours of second watering, amen .m moisture is seethe, - 95da mdntenanir Manton a teetering schedule which ti thormrphly weer all plants once week i extremely hot or dry mother water mart often as rewired by 0c Los of beat threes. Canboctr Nag make necessary mma.rnenb to meet watering requirementr - Malnteenee Nan begin needstely otter each portion of the work is In plane Pont motto Nall be premted and msntaied until the Mediation al plantings is .mepte Maintenance shall include Rotating. 009100ti,9. Mulching, Removal and Replacement of deal or deemed materisi montennn planes at proper grade and n o plum poet, - Any plant material which Mss. defoliates r bens brawn ewe be emcee remove tram O. et. *ne reptmd wish mpettw et the come meth, wealthy, see arid meet 5d planting sMdbmfiems. R NOTE: ALL LANDSCAPED AREAS TO BE IRRIGATED ate SHRUB PLANTING DETAIL 000*01 Rmltlr AID to3 LC NOS teak TD PLASM . T,OR oiler MS call) Ave SEAS AM/Oli WORM Ted 60 me OJT A IE.000. go NOT PAM ME ET FLOAT w00 5190 NATNE SQL 0e TDIDYO0.T IMPACTED 0A000. SOIL INSTALL RAW s0 TE MOT FLARE AT be LPAY AMC 1E m®® LRAM 'Y REMn0E eLASOC, METAL Pam OR P®1 CON0e81 Ave SCORE ORME te sin MSS MN SHARP OWE RANG CANE num el m0M0AS5EE POT. TIE COMIAMS MST E SLIT 19R7C LLT AT 6' .10mrA1S NOT 10 SALE PlIAS NO MOM, MM A.cal1 soh s.TDt 10 474E PLANTS NO ett1. cps 1101 11 TWO Math r 0aTALLAIOL A'@UC ROUST E5.15mR TO TN0150. 91.061 ROOT GALL Ave 'LAWNS ROLE I _ PIA2 NLL01 risx 5 -ir InY IT .!— NOes OF 00 0.. Il- A+ ,? ATSeD uiea ma i�.1.1� +,�...v,� II NmvRE a tatsrA =.11 -. �I — � snmom Rom Nuar rL .. I - -I I` LPL DIY C OFt9 �Dffi2 AA@ IC KZ. AWNS( S'IMr 6 r, ..- T— .R1V..2.1To �. r 2 -31.E5 SALL 0uE0 RECEWED JUL 1 0 2007 cr►-r or- LIN° LAKES 201 651hM0N.W. Corm RSpes.604551D (761)763 -1860 P05710-1601 !booby earthy Bettie pietas pepsredb Milt my lam emerviuen and Ban 1 .mead, tic ,5,1 sa e MSis mdc ctaws ells SssoCMvmese. Rq. Na Ree®m Om 4-12.07 Deemed DDS/PAM D em PAM PRELIMINARY NARY LANDSCAPE DETAILS AZURE PROPERTIES P.O. Boo 17830 ST. PAUL, )1LA 551I7 MAIN STREET VILLAGE LAID LAKES, MINNESOTA 13 OF 15 PLANT SCHEDULE KEY 1 COMMON NAME/Scentific name 1 ROOT 1OUANTITY INSTRUCTIONS SHRUBS RD RED OSIER DOGWOOD /Corpus sericeo 'Cardinal' g3 CONT. - 5 O.C. BJ BUFFALO JUNIPER /Juniperus sabino 'Buffolo' #5 CONT. - 4' O.C. LPS UTILE PRINCESS SPIREA /Spiroeo japonica 13 CONT. - 3' O.C. DPP. DWARF PAVEMENT ROSE/Roso 'Dwarf Pavement' #3 CONT. - 3' O.C. PP PURPLE PAVEMENT ROSE/Roso Purple Pavement' g3 CONT. - 3' O.C. GRASSES + „ „ NATIVE WET PRAIRIE MIXTURE (W3) B PLS L?S /ACRE - INFILTRATION AREAS R NOTE: ALL LANDSCAPED AREAS TO BE IRRIGATED ate SHRUB PLANTING DETAIL 000*01 Rmltlr AID to3 LC NOS teak TD PLASM . T,OR oiler MS call) Ave SEAS AM/Oli WORM Ted 60 me OJT A IE.000. go NOT PAM ME ET FLOAT w00 5190 NATNE SQL 0e TDIDYO0.T IMPACTED 0A000. SOIL INSTALL RAW s0 TE MOT FLARE AT be LPAY AMC 1E m®® LRAM 'Y REMn0E eLASOC, METAL Pam OR P®1 CON0e81 Ave SCORE ORME te sin MSS MN SHARP OWE RANG CANE num el m0M0AS5EE POT. TIE COMIAMS MST E SLIT 19R7C LLT AT 6' .10mrA1S NOT 10 SALE PlIAS NO MOM, MM A.cal1 soh s.TDt 10 474E PLANTS NO ett1. cps 1101 11 TWO Math r 0aTALLAIOL A'@UC ROUST E5.15mR TO TN0150. 91.061 ROOT GALL Ave 'LAWNS ROLE I _ PIA2 NLL01 risx 5 -ir InY IT .!— NOes OF 00 0.. Il- A+ ,? ATSeD uiea ma i�.1.1� +,�...v,� II NmvRE a tatsrA =.11 -. �I — � snmom Rom Nuar rL .. I - -I I` LPL DIY C OFt9 �Dffi2 AA@ IC KZ. AWNS( S'IMr 6 r, ..- T— .R1V..2.1To �. r 2 -31.E5 SALL 0uE0 RECEWED JUL 1 0 2007 cr►-r or- LIN° LAKES 201 651hM0N.W. Corm RSpes.604551D (761)763 -1860 P05710-1601 !booby earthy Bettie pietas pepsredb Milt my lam emerviuen and Ban 1 .mead, tic ,5,1 sa e MSis mdc ctaws ells SssoCMvmese. Rq. Na Ree®m Om 4-12.07 Deemed DDS/PAM D em PAM PRELIMINARY NARY LANDSCAPE DETAILS AZURE PROPERTIES P.O. Boo 17830 ST. PAUL, )1LA 551I7 MAIN STREET VILLAGE LAID LAKES, MINNESOTA 13 OF 15 INFILTRATION DETAIL 1 SCALE: 1"=20' —0" NATIVE WET PRAIRIE (MIXTURE W3) COMMON NAME BOTANICAL NAME WET STATUS % OF MIX co BIG BLUESTEM W AMERICAN SLDUGH GRASS W FRINGED BROME Q BLUE JOINT GRASS ¢O VIMGINIA W6.D -RYE REED MANNA GRASS FOWL MANNA GRASS SWITCH GRASS FOWL BLUEGRASS INDIAN GRASS PRARIE CORD GRASS ANDROPOGON GERARDI BECIOIANNI; SYLGACHNE BROMLIS CIUATA CALAMAGROST6 CANADENSIS ELYMIJS VIRGNICUS GLVCE iIA GRAIDIS GLYCERIA STRATA PANICUM VIRGATUM POA PALUSTRIS SORGHASTRIJM NUTANS SPARTNA PECIINATA FAG 6.0 O8L 24.0 FACW 5.0 OBL 10 FACW- 200 Off. 1.0 OBL 1.0 FAG 22 FACW+ 160 FACT 6.0 FACW+ 5.0 UP w TUSSOCK SEDGE m x FOX SEDGE Lu ei 0 GREEN BULRUSH ❑ CC WOOL GRASS co 0 SOFT STEMMED BULRUSH CO CAREX STRICTA CAREX VULPINE/IDEA SCIRPUS ATROVIRB4S SCIRPUS CYPERNUS SCIRPIS VALJDUS 08L 03 081- 10 OBL 0.6 OBL 0.1 OBL 1D CANADA ANEMONE MARSH MOJCWEED SWAMP ASTER FLAT- TOPPED ASTER an SHOWYTFGTREFOL O JOE -PYE WEED LL BO0IESET GRASS - LEAVED GOLDENROD SNEFZEWSED SERRATED SUNFLOWER EWE RAG IRS MEADOW BLAZNGSTAR TALL E.AZTAR GREAT BLUE LOBELIA MONIEY FLOWER MOUNTAIN MINT BLUE VERVAN IRONWEED CULVER'S ROOT GOLDEN ALEXANDER'S ANEMONE CANADENSIS ASCLEPIAS NCARNATA ASTER PIPBCEUS ASTER UMBEL ATUS OESMODIIM CANADENSE EUPATORIUM MAOUATUM EUPATORRIM PERFOLJATUM EUTHMYA GRAMNIFOLJA HE LENT M AJTUbNALE r®.wmTNUs GRO SESERRATLJS IRIS VERBCOLOR L ATR6 UGLUSTYLS L AIR6 PYCNOSTACHYA LOBELIA IA SIPHLIDCA MIMLLLS RINGERS WCNANTHEMU I VIRGINIANUM VERBENA HASTATA VERONIA FASCCIJLATA VERDNCASTRUM VIRGINIANUM imAAUREA FACW 0.4 OBL 10 OBI. FACW 03 FACW 0.4 OBI. 0.4 FACW+ 02 FACW- 02 FACW+ 0.4 FACW- 0.0 OBI. 1.6 FACU+ 0.4 FAG 0.4 FACW+ 0.1 OBL 0.1 FACW+ 0.2 FACW+ 0.4 FACW 02 FAC 0.1 FAG 0.4 TOTAL 100.0 RATE. 8.D PLS Ibslacre PI eNEERengineering 2422 HmapaaD i s (651)611 - 1199144 ?IN Coon Rapids Office INFILTRATION DETAIL 2 SCALE: 1"=20'-0" INFILTRATION DETAIL 3 SCALE: 1"=20'—D" ATTACHMENT 13 INFILTRATION DETAIL 4 SCALE: 1"=20.-0" INFILTRATION DETAIL 5 SCALE: 1 "= 20' -0" PLANT SCHEDULE KEY COMMON NAME/Scientific nave 1 ROOT OUANIRYINS1RUCTIONS SHRUBS RD RED OSIER DOGWOOD /Comus sericea 'Cadnor #3 CONT. 52 5 D.C. BJ BUFFALO JUNIPER /Juniperus sabino 'Buff ale' 5 CONT. 4' O.C. IPS LITTLE PRINCESS SPIREA/Spiroeo japonica CONT. 3 D.C. DPR DWARF PAVEMENT ROSE/Roso Dwarf Pavement' 3 CONT. 3' D.C. PP PURPLE PAVEMENT ROSE/Rasa 'Purple Pavement' #3 CONT. 3' D.C. GRASSES NATIVE NET PRAIRIE MIXTURE (W3) 8 PIS LBS /ACRE r RECEIVED JUL 1 0 2007 INFILTRATION AREAS ww NOTE AU. LANDSCAPED AREAS TO BE IRRIGATED ww orry OF LINO LAKES 201 0561 Aram NW. Csm7lgd(4 MN 55613 CM) 7113 -1010 Pac7/5d663 1 bead, tea6, eta W's plawa ptmai by toe a massy Ass ala•®.dam] lea •cd1 lased Laresgs Asiden sad= neawe erne 5aes alarmism. ftra.m Das Dm 4-12.0! Amazed MN 1121401.8)4 PRELIMINARY INFILTRATION DETAILS AZURE PROPERTIES PA. Box I7030 ST. PAUL, MINK SO2A55117 MAN STREET VILLAGE LINO LAKES. MINNESOTA 14 ; 15 Ale..0 • • 18' E-230-APT-G-T-EjSXX TAPERED SQUARE SPUN CONCRETE POLE BY STRESSCRETE GRADE ///7// KING LUMINAIRE - K210 MIDLAND MARINA LUMINAIRE & R1VERGRASS ARM PIeNEERengineering 11=11=MS•••• 0•7/13612•661:116 LAND Ii.L.7007.5 LAND 61.1gVE•C•3 1.172601.26110.1102CIS • 2422 EacerptiseDein Mb. W519) (001)1011-1914 Fs.4_6814402 ATTACHMENT 14 1 ANOKA C,'0. F.' I c' 0- W FL T IVO. 5 C. S. A. H. 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I ..\.1. ,11, r ,,„ • • Y, t• \\ 6 • • 6... 763: • • j IP • el• lit • • • tle 7■•• • #1/4.. • • -- I ! ISF r. z / _ Lighting Plan Provided by: JTH Lighting Alliance 6885 146th St. West Apple Valley, 1v1N 55124 ALLIANCE. L•roNare SUNK. 1•••■4, 1•1•••••• •••••• Ito.otto •••• LON Laws yoc bourNIN A • =KU nue LCD a• NEB • M. MI ••71 40-•••••-111.1.... ItOCC.INS MID 167• •••••••■•■••.."-Se 4.4.4 Como, 1144116, J. LUNN ...a. N•IN troy.. MSC Ncol4n FYN Noe r■••■••Ilt■ Fc IZO !LS PCN•444 Lot •••••Nce tow Tee". •■••••••• lc 0.71 INCIONICC Fc 812 •o 2119 NU A ./ / i ,•• „ • t- I I._ 9■7"1- ; ---11 Coon Rapids Office 2/21 650x Avarua KN. Cam /tapids• MN 55432 (7E20 7101-11130 N.723-1100 Ibex*, s•ity 07s Ills pin wIls pummel toy Naze arvorkrvny *MCI WOMAN. end *al ma 8 . 0 7 1 1 7 L A lsisbea. seder tlacinvi of Sower / a m m o . R N o. Dec kerisks. UNMAN Das 04-1247 D•77•7•1 PRELIMINARY LIGHTING PLAN AZURE PROPERTIES P.O. Box 1700 ST. PAIR- MINNESOTA 551I7 MAIN STREET VILLAGE LINO LAKES, MINNESOTA 2053364S-1.212121712132744 • r girl R 1 , // F •— at z 0 0 HL g z °z° aatoa 0 i 1 ! FIGURE#