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SCott J. Riggs David T. Anderson 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 c� (612) 337-9300 telephone (612) 337-9310 fax dandersonna kennedy-graven.corn sri ggs@kenne.dy-graven.com hltp://Nvww.kenned�uaven.com CHARTERED CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGED COMMUNICATION DO NOT DISTRIBUTE Date: January 25, 2019 To: Nyle Zikmund, City Administrator Don Peterson, Public Works Director Fronm: Scott J. Riggs, City Attorney David T. Anderson, Assistant City Attorney Re: Rain Gardens Maintenance (RCWD) I. Background The Rice Creek Watershed District ("RCWD") has adopted a set of rules, including "Rule C" which governs stormwater management plans and permitting requirements. Prior to recent amendments, Rule C required a permit, along with an approved stormwater management plan, for public linear projects when 10,000 square feet or more of impervious surface was being created or reconstructed. Public linear projects are defined in RCWD rules as projects "involving a roadway, sidewalk, trail or utility not part of an industrial, commercial, institutional or residential development." Rule C was recently amended to require a permit for public linear projects only when 10,000 square feet or more of impervious surface is being created. Despite the recent change, Rule C has always required public permittees (i.e. cities) to maintain stormwater management structures and facilities, and has further always provided that "a public permittee may meet. its perpetual maintenance obligation by executing a programmatic or project -specific maintenance agreement with the [RCWD]." For the reasons above, between 2008 and 2012 the City of Mounds View (the "City") obtained multiple permits from RCWD for various public linear projects. Although these projects mostly amounted to reconstructing impervious surface and not creating new impervious surface, the old 552997v2 MU210-263