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June 26, 2020 Nyle Zikmund, Don Peterson Page 2 of 4 Reference: City Assumption of Stormwater LGU Role v:\1938\active\193804166\permits\city take on rcwd permitting\dpeterson_dedgerton^memo_20200626_stormwaterpermitting.docx The WCA-required reviews and decision include the following steps: Wetland Delineations, Exemption or No Loss Applications, and Wetland Replacement Plan Applications for projects that create wetland impacts. The WCA administration also includes noticing applications and decisions with the reviewing agencies. For WCA, the reviews and approvals have taken 60-180 days or more. The RCWD also inspects projects during and after construction and has an enforcement process for projects deemed inconsistent with permit conditions. Over the years, the City has had a number of concerns regarding the RCWD permitting and enforcement process. These generally are related to: • Regulatory focus – Cities need to balance numerous goals, including water quality and environmental protection, economic development, and public health and safety. The RCWD has a single primary goal of water resource protection and has a resulting narrow, regulatory focus. This has not lent itself to considering or balancing various project goals or working in partnership with the City to achieve common goals. • Lack of flexibility – Because of the regulatory focus, there is often a “by-the-book” approach and lack of flexibility in meeting the goals of the permit. • Project delays and costs – The issues above have created delays and additional costs for a number of projects in the City in recent years. • Lack of communication – The RCWD does not always communicate its actions within Mounds View to City staff. In particular, violations to City businesses have been issued without informing the City. Because of these concerns, City staff are considering taking on the regulatory role for stormwater and Wetland Conservation Act administration in Mounds View. The RCWD Watershed Management Plan states that a “city or township may opt to assume the responsibility of administering Rules C (Stormwater), D (Erosion and Sediment Control), E (Floodplains), and F (Wetlands) and the WCA within its municipality.” To date, two cities (Hugo and Circle Pines) have taken on this responsibility. There are a number of steps required as part of the process of assuming stormwater and WCA regulatory responsibility: • Amend the City Surface Water Management Plan (SWMP) to reflect the City’s plan to assume permitting responsibilities – state that the City adopts RCWD Rules C, D, E, and F by reference. List goals and policies that are consistent with these rules. • Execute a memorandum of understanding (MOU) with the RCWD that the City will take on permitting responsibilities • Pass ordinances adopting Rules C, D, E, and F • Adopt a resolution taking on WCA responsibility • Create a protocol guide for issuing permits for submittal to the RCWD. It should lay out various procedures including permit application review and closeout process, hydraulics/hydrology data submittal to the RCWD, and the auditing process