[HISTORY: Adopted by the Town Board of Eureka Township as
indicated in article histories. Amendments noted where applicable.]
[Adopted 12-8-2014 by Res. No. 2014-10 (Ordinance 9, Ch. 2, of the 2005
Code)[1]]
[1]
Editor's Note: Resolution No. 2017-01, adopted 1-9-2017, provided for the Town Board of the Town of Eureka to transfer to the Vermillion River Watershed Joint Powers Organization (VRWJPO) all powers and authority to issue permits, review and approve plans, and inspect properties for compliance as set forth in §§ 235-3B, 235-5B, 235-5H(1), (21) and (22), 235-5J(6) and (10), 235-7F(3) and 235-9E, effective upon a resolution of the VRWJPO agreeing to accept said transfer.
This article shall be known as the "Vermillion River Watershed
Water Resources Management Chapter," except as referred to herein
as "this article."
The purpose of this article is to protect the public health,
safety, and welfare through the effective management of water resources
in this Community. It is intended that the requirements, regulations,
and performance standards of this article will:
A.
Implement the Dakota County Rural Collaborative Local Water Management
Plan;
B.
Protect and preserve the function and value of water resources;
C.
Prevent unregulated land disturbance activities which may harm water
resources;
D.
Protect wetland functions consistent with the Wetland Conservation
Act;
E.
Reduce harmful effects of erosion and sedimentation;
F.
Reduce property damage by seasonal flooding;
G.
Improve surface and groundwater quality.
A.
Scope. The terms, standards, and regulations of this article shall
apply within the portion of the community located within the Vermillion
River Watershed. No land shall be subdivided or disturbed, except
in compliance with the terms, standards, and regulations as set forth
herein.
B.
Authority. The community shall act as the local governmental unit
(LGU) for the permitting and enforcement of this article, except as
otherwise specifically provided herein.
C.
Referral to Vermillion River Watershed Joint Powers Organization
(YRWJPO). Prior to the approval of a permit involving any following
conditions, the community must forward land alterations plans to the
VRWJPO for review and comment:
(1)
Variances from this article that affect surface water or impact surface
water/groundwater interactions;
(2)
Diversions;
(3)
Intercommunity flows (upon request of adjoining communities);
(4)
Land disturbance area of 40 acres or more; and
(5)
Other proposed activities, as identified in the VRWJPO Plan.
D.
General plan submittal requirements. In addition to the plan submittal requirements identified by the community for the various permit applications in this article; any permit submittal requiring review by the VRWJPO in Subsection C above shall include two full sets of plans and two reduced sets (maximum 11 inches by 17 inches) for referral by the community to the VRWJPO.
A.
Application and interpretation. When not inconsistent with the context,
words used in the present tense include the past and future tense,
and words in the singular number include the plural number. Masculine
gender reference includes feminine. The word "person" includes individual,
firm, company, corporation, partnership, trust and other legal entities.
The words "shall" and "must" are mandatory, while the words "may"
or "should" are permissive.
B.
AGRICULTURAL ACTIVITY
(1)
(2)
(3)
(4)
(5)
(6)
AGRICULTURAL PRESERVE
ALTERATION or ALTER
APPLICANT
BANKFULL CHANNEL WIDTH
BANKFULL STAGE
BEST MANAGEMENT PRACTICES (BMPs)
BOARD
BUFFER
BWSR
COMMUNITY
COMMUNITY BUILDING INSPECTOR
COMMUNITY ENGINEER
COMPENSATORY STORAGE
COUNCIL
COUNTY
DAKOTA SWCD or SWCD
DEAD STORAGE
DEVELOPER
DEVELOPMENT
EASEMENT
EROSION
EROSION AND SEDIMENT CONTROL PLAN
EXCAVATION
FILL
FILTRATION
FLOODPLAIN
FLOODPLAIN STORAGE
FRAGMENTATION
GREEN ACRES
HYDRIC SOIL
HYDROPHYTIC VEGETATION
IMPERVIOUS SURFACE
INFILTRATION
INFRASTRUCTURE
LAND DISTURBING ACTIVITY (LAND DISTURBANCE)
LANDLOCKED BASIN
LOCAL GOVERNMENTAL UNIT (LGU)
LOT
LOT OF RECORD
MAJOR WATERWAYS
MEANDER
MEANDER BELT
MINIMUM IMPACT ALIGNMENT
MUNICIPALITY
NATIVE VEGETATION
NOXIOUS WEEDS
ORDINARY HIGH-WATER LEVEL (OHWD)
(1)
(2)
(3)
OUTLOT
PLAT
PREDEVELOPMENT CONDITION
PUBLIC WATERS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
PUBLIC WATERS WETLAND
REDEVELOPMENT
RIGHT-OF-WAY (ROW)
RUNOFF
SEDIMENT
SEDIMENTATION
SINUOUS
SOIL
STEWARDSHIP PLAN
STORMWATER
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STREAM TYPE
STRUCTURE
SUBDIVISION
VRWJPO
WET DETENTION FACILITY
WETLAND
(1)
(2)
(3)
WETLAND CONSERVATION ACT (WCA)
WETLAND TYPE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Definitions. For the purposes of this article, the following terms,
words, and phrases have the meaning stated below. Terms, words, or
phrases not defined in this article shall have a dictionary or customary
meaning.
The use of land for the growing and/or production and wholesale
distribution of field crops, livestock, and livestock products for
the production of income or own use, including but not limited to
the following:
Field crops, including but not limited to barley, beans, corn,
hay, oats, potatoes, rye, sorghum, and sunflowers.
Livestock, including but not limited to dairy and beef cattle,
goats, sheep, hogs, horses, poultry, game birds and other animals,
including deer, rabbits and mink.
Livestock products, including but not limited to milk, butter
cheese, eggs, meat, fur, and honey.
Trees, shrubs, bushes, and plants for wholesale distribution.
Sod farming.
Orchards.
A land area created and restricted according to Minnesota
Statutes 473H to remain in agricultural use.
When used in conjunction with public waters or wetlands,
any activity that will change or diminish the course, current or cross
section of public waters, public water wetlands, or wetlands.
A person or entity, or representative thereof, that applies
for a building permit, subdivision approval, or a permit to allow
land-disturbing activities. "Applicant" also means that person's agents,
employees, and others acting under this person's direction.
The channel width of a stream, creek, or river at bankfull
stage.
The water level in a stream channel, creek, or river where
the flow just begins to leave the main channel and enter the active
floodplain.
Techniques proven to be effective in controlling runoff,
erosion and sedimentation, including those documented in the Minnesota
Construction Site Erosion and Sediment Control Planning Handbook (BWSR,
1988); Protecting Water Quality in Urban Areas (MPCA, 2000); the Minnesota
Small Sites BMPs Manual (MPCA 2005); and, other sources as approved
by the Vermillion River Watershed Joint Powers Organization (VRWJPO).
The Board of Supervisors or Town Board of a Township.
An area of natural, minimally maintained, vegetated ground
cover abutting or surrounding a major waterway, public waters wetland,
or wetland.
Minnesota Board of Water and Soil Resources.
A city or township as defined in Minnesota Statutes 462.352,
Subdivision 2, and "the community" shall mean the community adopting
this article.
The Building Inspector or Building Official hired by the
community to implement and enforce the provisions of this article.
The registered professional Engineer hired by the community
to implement and enforce the provisions of this article.
Excavated volume of material below the floodplain elevation
required to offset floodplain fill.
The City Council of a city.
Dakota County.
The Dakota County Soil and Water Conservation District.
The volume of space located below the overflow point of a
basin, pond or landlocked basin.
A person, firm, corporation, sole proprietorship, partnership,
state agency, or political subdivision thereof engaged in a subdivision
or land disturbance activity.
The construction of any public or private improvement project;
infrastructure, structure, street or road, or the subdivision of land.
A strip of private-owned land which is legally described
and encumbered for use by another party or public entity for a specific
purpose described in an easement document, recorded by Dakota County.
The wearing away of the ground surface as a result of wind,
flowing water, ice movement or land disturbing activities.
A plan of BMPs or equivalent measures designed to control
runoff and erosion and to retain or control sediment on land during
the period of land disturbing activities with standards.
The artificial removal of soil or other earth material.
The deposit of soil or other materials by artificial means.
A process by which stormwater runoff is captured, temporarily
stored, and routed through a filter bed, vegetated strip, or buffer
to improve water quality and slow routed through a filter bed, vegetated
strip, or buffer to improve water quality and slow down stormwater
runoff.
The area adjacent to a water body that is inundated ruing
a 100-year flood.
The volume of space available for floodwaters within the
floodplain.
The breaking up of an organism's habitat into discontinuous
chunks.
Real property or real estate that qualifies as agricultural
property having agricultural use under the Minnesota Agricultural
Property Tax Law, M.S.A. § 273.111.
A soil that formed under conditions of saturation, flooding
or ponding long enough during the growing season to develop anaerobic
conditions in the upper horizon.
Plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water
content.
A constructed hard surface that either prevents or retards
the entry of water into the soil and causes water to run off the surface
in greater quantities and at an increased rate of flow than prior
to development. Examples include rooftops, roads, patios, driveways,
parking lots, storage areas, and concrete, asphalt, or gravel roads.
A stormwater retention method for the purpose of reducing
the volume of stormwater runoff by transmitting water into the ground
through the earth's surface.
The system of public works for a county, state, or municipality,
including, but not limited to, structures, roads, bridges, culverts,
sidewalks, stormwater, management faculties, conveyance systems and
pipes, pump stations, sanitary sewers and interceptors, hydraulic
structures, permanent erosion control and stream bank protection measures,
water lines, gas lines, electrical lines and associated facilities,
and phone lines and supporting facilities.
Any change of the land surface, including removing vegetative
cover, excavation, fill, grading, stockpiling soil, and the construction
of any structure that may cause or contribute to erosion or the movement
of sediment into water bodies. For the purposes of this article, a
land disturbing activity does not include agricultural activities.
A water basin one acre or more in size that does not have
a natural outlet at or below the existing 100-year-flood elevation
as determined by the 100-year-storm event.
Municipalities located wholly or partly within the VRWJPO
with adopted local water management plans and chapters approved by
the VRWJPO, and Dakota County within its area of floodplain jurisdiction.
A parcel of land platted or described by metes and bounds,
registered land survey, or other accepted means and separated from
other parcels or portions by said description, for the purpose of
sale, lease, or separation thereof, as recorded by Dakota County.
Any lot that legally existed prior to the adoption date of
this article.
Intermittent and perennial streams as shown on Map 1 attached
to this article.
A sinuous bend of a river, stream, or creek.
The area between lines drawn tangential to the extreme limits
of fully developed meanders.
Is the alignment for a proposed road, street, utility, path
or access that creates the smallest area of impact to a buffer, waterway,
or floodplain for activities that cross a buffer, waterway, or floodplain.
The minimum impact alignment is one that crosses perpendicular, or
near perpendicular, to the longitudinal orientation of the buffer,
waterway, of floodplain as reasonable to serve to intended purpose
of the improvement.
A city or township.
Plant species that are indigenous to Minnesota, or that expand
their range into Minnesota without being intentionally or unintentionally
introduced by human activity, and are classified as native in the
Minnesota Plant Database (Minnesota DNR, 2002).
Any plant listed as a prohibited, restricted or secondary
weed under Minnesota Rules Chapter 1505.
The boundary of water basins, watercourses, public waters,
and public waters wetlands and:
The ordinary high-water level is an elevation delineating the
highest water level that has been maintained for a sufficient period
of time to leave evidence upon the landscape, commonly the point where
the natural vegetation changes from predominately aquatic to predominately
terrestrial;
For watercourses, the ordinary high-water level is the elevation
of the top of the bank of the channel; and
For reservoirs and flowages, the ordinary high-water level is
the operating elevation of the normal summer pool.
A platted parcel of land, designated alphanumerically as
an outlot (for example — Outlot A), as recorded by Dakota County,
and used to designate one of the following: land that is part of the
subdivision but is to be subdivided into lots and blocks at a later
date; land that is to be used for a specific purpose as designated
in a development agreement or other agreement between the LGU and
the developer; or for a public purpose that may have restricted uses,
such as a park, stormwater pond, or buffer.
The drawing or map of a subdivision prepared for filing of
record pursuant to Minnesota Statutes Chapter 505, as amended.
The land use on a site that exists immediately prior to a
proposed alteration.
Public waters means:
Water basins assigned a shoreland management classification
by the Commissioner of the Minnesota Department of Natural Resources
under Minnesota Statutes §§ 103F.201 to 103F.202;
Waters of the state that have been finally determined to be
public waters or navigable waters by a court of competent jurisdiction;
Meandered lakes, excluding lakes that have been legally drained;
Water basins previously designated by the Commissioner of the
Minnesota Department of Natural Resources for management for a specific
purpose, such as trout lakes and game lakes pursuant to applicable
laws;
Water basins designated as scientific and natural areas under
Minnesota Statutes § 84.033;
Water basins located within and totally surrounded by publicly
owned lands;
Water basins where the state of Minnesota or the federal government
holds title to any of the beds or shores, unless the owner declares
that the water is not necessary for the purposes of the public ownership;
Water basins where there is a publicly owned and controlled
access that is intended to provide for public access to the water
basin;
Natural and altered watercourses with a total drainage area
greater than two square miles;
Natural and altered water resources designated by the Commissioner
of the Minnesota Department of Natural Resources as trout streams;
and
Public waters wetlands, unless the statute expressly states
otherwise.
All Type 3, Type 4, and Type 5 wetlands, as defined in United
States Fish and Wildlife Service Circular No. 39 (1971 edition), not
included within the definition of public waters, that are 10 or more
acres in size in unincorporated areas or 2 1/2 or more acres
in incorporated areas.
The rebuilding, repair, or alteration of a structure, land
surface, road or street, or facility.
A strip of land occupied or intended to be occupied by a
public street and acquired in fee title, or by registration, or by
dedication for public use by the recording of a plat, and including
railroad corridors owned in fee title.
Rainfall, snowmelt or irrigation water flowing over the ground
surface.
Soil or other surficial material transported by surface water
as a product of erosion.
The process or action of depositing sediment.
The curving patterns of a river, stream, or creek.
The unconsolidated mineral and organic material on the immediate
surface of the earth. For the purposes of this article, stockpiles
of sand gravel, aggregate, concrete or bituminous materials are not
considered "soil" stockpiles.
A conservation plan completed for agricultural land and activities
accepted by the Dakota Soil and Water Conservation District or the
VRWJPO.
Under Minnesota Rule 1077.0105, Subpart 41b, "stormwater"
means "precipitation runoff, stormwater runoff, snowmelt runoff, and
any other surface runoff and drainage." According to the Federal Code
of Regulations under 40 CFR 122.26[b][13], "stormwater" means "stormwater
runoff, snowmelt runoff and surface and drainage." Stormwater does
not include construction site dewatering.
A plan for stormwater discharge that includes erosion prevention
measures and sediment controls that, when implemented, will decrease
soil erosion on a parcel of land and decrease off-site nonpoint pollution.
One of numerous stream types based on morphology defined
by Rogen, D., 1996, Applied River Morphology.
Anything manufactured, constructed or erected which is normally
attached to or positioned on land, including portable structures,
earthen structures, water and storage systems, drainage facilities
and parking lots.
The separation of an area, lot, or tract of land under single
ownership into two or more parcels, tracts, or lots.
Vermillion River Watershed Joint Powers Organization.
A permanent man-made structure for the temporary storage
of runoff that contains a permanent pool of water.
Lands transitional between terrestrial and aquatic systems
where the water table is usually at or near the surface or the land
is covered by shallow water. For purposes of this definition, wetlands
must have the following three attributes:
Have a predominance of hydric soils;
Are inundated or saturated by surface water or groundwater at
a frequency and duration sufficient to support a prevalence of hydrophytic
vegetation typically adapted for life in saturated soil conditions;
and
Under normal circumstances, support a prevalence of such vegetation.
The Minnesota Wetland Conservation Act of 1991, as amended.
A wetland type classified according to Wetlands of the United
States, U.S. Fish and Wildlife Service Circular 39 (1971 edition),
summarized as follows:
Type 1 wetlands are seasonally flooded basins or flats in which
soil is covered with water or is waterlogged during variable seasonal
periods but usually is well-drained during much of the growing season.
Type 1 wetlands are located in depressions and in overflow bottomlands
along watercourses, and in which vegetation varies greatly according
to season and duration of flooding, and includes bottomland hardwoods
as well as herbaceous growths.
Type 2 wetlands are inland fresh meadows in which soil is usually
without standing water during most of the growing season, but is waterlogged
within at least a few inches of surface. Vegetation includes grasses,
sedges, rushes, and various broad-leafed plants. Meadows may fill
shallow basins, sloughs, or farmland sags, or these meadows may border
shallow marshes on the landward side.
Type 3 wetlands are inland shallow fresh marshes in which soil
is usually waterlogged early during a growing season and often covered
with as much as six inches or more of water. Vegetation includes grasses,
bulrushes, spikerushes, and various other marsh plants, such as cattails,
arrowheads, pickerelweed, and smartweeds. These marshes may nearly
fill shallow lake basins or sloughs, or may border deep marshes on
the landward side and are also common as seep areas on integrated
lands.
Type 4 wetlands are inland deep fresh marshes in which soil
is usually covered with six inches to three feet or more of water
during the growing season. Vegetation includes cattails, reeds, bulrushes,
spikerushes and wild rice. In open areas, pondweeds, naiads, coontail,
water milfoils, waterweeds, duckweeds, water lilies, or spatterdocks
may occur. These deep marshes may completely fill shallow lake basins,
potholes, limestone sinks, and sloughs, or they may border open water
in such depressions.
Type 5 wetlands are inland open fresh water, shallow ponds,
and reservoirs in which water is usually less than 10 feet deep and
is fringed by a border of emergent vegetation similar to open areas
of Type 4 wetland.
Type 6 wetlands are shrub swamps in which soil is usually waterlogged
during growing season and is often covered with as much as six inches
of water. Vegetation includes alders, willows, buttonbush, dogwoods,
and swamp privet. This type occurs mostly along sluggish streams and
occasionally on floodplains.
Type 7 wetlands are wooded swamps in which soil is waterlogged
at least to within a few inches of the surface during growing season
and is often covered with as much as one foot of water. This type
occurs mostly along sluggish streams, on floodplains, on flat uplands,
and in shallow basins. Trees include tamarack arborvitae, black spruce,
balsam, red maple, and black ash. Northern evergreen swamps usually
have a thick ground cover of mosses. Deciduous swamps frequently support
beds of duckweeds and smartweeds.
Type 8 wetlands are bogs in which soil is usually waterlogged
and supports a spongy covering of mosses. This type occurs mostly
in basins on flat uplands, and along sluggish streams. Vegetation
is woody or herbaceous, or both. Typical plants are heath shrubs,
sphagnum moss, and sedges. In the north, leatherleaf, Labrador tea,
cranberries, carex, and cotton grass are often present. Scattered,
often stunted, black spruce and tamarack may occur.
A.
Erosion and sedimentation control plan. No person shall commence
a land disturbing activity under one acre in area, unless exempted,
without submitting an erosion and sedimentation control plan to the
Community Engineer or the Community Building Inspector. No building
permit or land disturbing activity shall be authorized until the community
approves this plan. At a minimum the erosion prevention and sedimentation
standards must conform with best management practices (BMPs) defined
in this article. Exemptions for preparing an erosion and sedimentation
control plan include the following:
(1)
Minor land disturbing activities, such as home gardens, repairs,
and maintenance work.
(2)
Construction, installation, and maintenance of individual sewage
treatment systems, other than those on steep slopes (e.g., 6% or greater),
or on riparian lots within a Shoreland District.
(3)
Construction, installation and maintenance of public utility lines or individual service connection, unless the activity disturbs more than one acre, in which case the requirements in Subsection B apply.
(4)
A land disturbing activity that creates less than one acre of new
impervious surface and does not cause off-site erosion, sedimentation,
flooding or other damage, and disturbs:
(5)
Installation of any fence, sign telephone or electric poles, or other
kinds of posts or poles.
(6)
Emergency activity necessary to protect life or prevent substantial
harm to persons or property.
(7)
Minor wetland impacts that have received a de minimus certificate
of exemption or no loss determination by the LGU administering the
Wetland Conservation Act, as amended.
(8)
All maintenance, repair, resurfacing, and reconditioning activities
of existing road, bridge, and highway systems, which do not involve
land disturbing activities outside of the existing roadway surfaces.
(9)
Construction of any structure on an individual lot in a subdivision
with an approved stormwater pollution prevention plan (SWPPP), as
long as any land disturbing and stormwater management activity complies
with the approved plan.
(10)
Development or redevelopment of, or construction of a structure
on, an individual lot with a land disturbing activity that does not
cause off-site erosion, sedimentation, flooding, or other damage,
and creates less than one acre of cumulative impervious surface.
B.
Stormwater pollution prevention plan (SWPPP). No person shall commence
a land disturbing activity one acre or more in area without submitting
an SWPPP to the Community Engineer for review and approval. No building
permit or land disturbing activity shall be authorized until the Community
Engineer approves this plan and a permit is issued by the Minnesota
Pollution Control Agency (MPCA).
(1)
The SWPPP shall contain the following general information:
(a)
The name and address of the applicant and the location of the
activity. The property boundary and lot lines.
(b)
Project narrative including the nature and purpose of the land
disturbing activity and the amount of grading, utilities, and building
construction involved.
(c)
Phasing of construction including time frames and schedules
for the project's various aspects.
(d)
A map of the existing site conditions showing existing topography,
property information, steep slopes, existing drainage boundaries and
patterns, type of soils, impervious surfaces, waterways, wetlands,
vegetative cover, 100-year floodplain boundaries, locations of existing
and future buffer strips and labeling the portions of the site that
are within trout stream or outstanding resource value water watersheds.
This information should extend a minimum of 300 feet beyond the property
lines.
(e)
A site construction plan that includes the location and limits
of the proposed land disturbing activities, stockpile locations, erosion
and sediment control measures, construction schedule, and the for
the maintenance and inspections of the stormwater pollution control
measures.
(f)
All surface waters and existing wetlands which will receive
stormwater from the construction site, during or after construction.
Where these sites may not fit on the plan sheet, they must be identified
with an arrow, indicating both direction and distance to the surface
water or wetland.
(g)
Designate the site's areas that have the potential for serious
erosion problems.
(h)
Erosion and sediment control measures: the methods that will
be used to control erosion and sedimentation on the site, both during
and after the construction process.
(i)
Permanent stabilization: how the site will be stabilized after
construction is completed, including specifications, time frames and/or
schedules.
(j)
Location of rock construction entrances.
(k)
Calculations: any that were made for the design of such items
as sediment basins, wet detention basins, diversions, waterways, infiltration
zones, pipe networks, and other applicable practices.
(2)
The SWPPP shall address the following general criteria:
(a)
Stablizing all exposed soils and soil stockpiles and the related
time frame or schedule.
(b)
Establishing permanent vegetation and the related time frame
or schedule.
(c)
Scheduling for erosion and sediment control practices.
(d)
Where permanent and temporary sedimentation basins will be located.
(e)
Engineering the construction and stabilization of steep slopes.
(f)
Measures for controlling the quality and quantity of stormwater
leaving a site.
(g)
Stabilizing all waterways and outlets.
(h)
Protecting storm sewers from the entrance of sediment.
(i)
What precautions will be taken to contain sediment when working
in or crossing water bodies.
(j)
Restabilizing utility construction areas as soon as possible.
(k)
Protecting paved roads from sediment and mud brought in from
access routes.
(l)
Disposing of temporary erosion and sediment control measures.
(m)
How and when the temporary and permanent erosion and sediment
control practices will be maintained.
(n)
How collected sediment and floating debris will be disposed
of.
(3)
The following additional information shall be submitted along with
the SWPPP.
(a)
Drainage maps for the existing and proposed conditions.
(b)
A detailed breakdown of existing and proposed curve numbers.
(c)
Map identifying soil types.
(d)
A drainage report, certified by a professional engineer, identifying
existing and proposed peak runoff rates and volumes flowing off-site
to adjacent watersheds for the two, ten and 100-year events.
(e)
All calculations and information used in determining peak discharge
rates and volumes utilizing the Natural Resources Conservation Service
TR-55/TR-20, or other approved programs/models.
(f)
First floor and lowest opening elevations for all existing and
proposed buildings.
(g)
Delineation of existing wetlands, as defined in the Wetland
Conservation Act.
(h)
Lakes, streams, shoreland, and floodplains shall also be shown
on the plans.
(i)
Locations of the normal and high- water elevations for all water
bodies on the plans.
(j)
Locations of any well locations within 500 feet of the site.
(k)
Additional details required in the VRWJPO rules for any land
disturbance required to be referred to the VRWJPO for review.
(4)
The following stormwater management practices must be investigated
in developing the stormwater management part of the SWPPP in the following
descending order of preference:
(a)
Protect and preserve as much natural or vegetated area on the
site as possible, minimizing impervious surfaces, and directing runoff
to vegetated areas rather than to adjoining streets, storm sewers
and ditches;
(b)
Flow attenuation of treated stormwater by use of open vegetated
swales and natural depressions;
(c)
Stormwater detention/retention facilities (including on-site
filtration/infiltration facilities, if required by the community);
and
(d)
A combination of successive practices may be used to achieve
the applicable minimum control requirements. The applicant shall provide
justification for the method selected.
(5)
All modification or amendments to a SWPPP must be reviewed and approved
by the Community Engineer and the MPCA.
C.
Construction erosion control standards. Land disturbances shall be
governed by the following minimum construction erosion control standards:
(1)
Erosion and sediment control measures shall be consistent with best
management practices (BMPs), and shall be sufficient to retain sediment
on site.
(2)
All temporary erosion and sediment controls shall be installed on
all downgradient perimeters before commencing the land disturbing
activity, and left in place and maintained as needed until removed
per community approval after the site had been stabilized. All permanent
erosion control measures shall be installed and operational per the
design and as required by the community prior to the removal of temporary
controls.
(3)
Erosion and sediment controls shall meet the standards for the general
permit authorization to discharge stormwater associated with construction
activity under the National Pollutant Discharge Elimination System/State
Disposal System Permit Program Permit MN R100001 (NPDES general construction
permit) issued by the Minnesota Pollutant Control Agency August 1,
2008, as amended, for projects disturbing more than one acre.
(4)
Final stabilization of the site must be completed in accordance with
the NPDES general construction permit requirements.
(5)
All on-site stormwater conveyance channels shall be designed and
constructed to withstand the expected velocity of flow from a ten-year,
twenty-four-hour storm without erosion.
(6)
If the activity creates more than one acre of disturbed area, and
the activity is taking place on a site where soils are currently disturbed
(e.g., a tilled agricultural site that is being developed), areas
that will not be graded as part of the development and areas that
will not be stabilized according to the time frames specified in the
NPDES general construction permit Part IV.B.S, shall be seeded with
a temporary or permanent cover before commencing the proposed land
disturbing activity.
(7)
The community may at its discretion use turbidity measurements as
an indicator of potential noncompliance with the construction of erosion
control standards. If nephelometric turbidity unit (NTU) measurements
taken at a point of site stormwater discharge exceeds 50 NTUs (25
NTUs for trout stream), a construction erosion control inspection
of the site shall be completed by the community. Enforcement procedures
and time frames to correct noncompliant conditions shall be as specified
in this article and the NPDES general construction permit. Exceedance
of the turbidity indicator alone shall not constitute noncompliance.
Sampling and analysis of turbidity shall be completed as follows:
(a)
Samples should be taken from the horizontal and vertical center
of the outflow, and care should be taken to avoid stirring bottom
sediments.
(b)
A written narrative of site-specific analytical methods and
conditions used to collect, handle, and analyze the samples will be
completed and kept on file, and a chain-of-custody record kept if
the analysis is performed at a laboratory.
(c)
All sampling shall be collected by "grab samples" and the analysis
of these samples must be conducted in accordance with methodology
and test procedures established by EPA Method 180.1 or Standard Method
2130B.
(d)
Other sampling protocols include:
[1]
Sample containers should be labeled prior to sample collection.
[2]
Samples should be well mixed before transferring to a secondary
container.
[3]
Sample jars should be cleaned thoroughly to avoid contamination.
[4]
Sampling and analysis of receiving waters or outfall below the
minim detection limit should be reported at the detection limit.
D.
Post-construction water quality standards. Land disturbances shall
be governed by the following minimum post-construction water quality
standards.
(1)
Post-construction stormwater runoff quality measures shall meet the standard for the general permit authorization to discharge stormwater associate with construction activity under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MN R100001 (NPDES general construction permit) issued by the Minnesota Pollution Control Agency August 1, 2003, as amended, except where more specific requirements are provided in Subsection A(2), (3), (4) and (5) below.
(2)
Infiltration/filtration options, and credits described under Subsection G(2) are the preferred approach to satisfying the water quality treatment requirements of the NPDES general construction permit in areas that drain to the trout stream portions of the Vermillion River and its tributaries where such areas do not first drain to a water body with 10 or more acres of open water.
(3)
Ponds with permanent wet pools allowed in areas tributary to the
trout stream portions of the Vermillion River and its tributaries
where such areas do not first drain to a water body with 10 or more
acres of open water, if the applicant demonstrates:
(a)
No net increase in the temperature of the discharge for the
two-year, twenty-four-hour event with the use of alternative technologies
and has met the volume control requirements of these standards; or
(b)
That the wet pond is designed for zero discharge for the two-year,
twenty-four-hour storm; or
(c)
That the volume control requirements of these standards are
met and the following measures are used to the extent practical in
order of decreasing preference:
[1]
The wet pond is designed with a combination of measures, such
as shading, filtered bottom withdrawal, vegetated swale discharges,
or constructed wetland treatment cells, that will limit temperature
increases.
[2]
Additional volume control measures and credits are used beyond
that required to meet the runoff volume standards as a means of limiting
the frequency and duration of discharges from the pond.
(4)
The water quality control volumes necessary to meet the NPDES general
construction permit that are satisfied using infiltration or filtration
technologies (filtration only on Type C and Type D soils) can count
toward the volume control requirements of this article.
(5)
Ponds with overflows or outlets located below the seasonally high
water table are allowed only where can be there is a reasonable need
for such an outlet to control seepage damage to existing structures.
(6)
Redevelopment projects are required to incorporate water quality
BMPs to the extent practical.
E.
Runoff temperature control standards. Land disturbances shall be
governed by the following minimum runoff temperature control standards.
(1)
Post-construction runoff criteria for controlling temperature increases relies on the establishment of buffers as specified in § 235-7; the prioritization of temperature sensitive BMPs such as infiltration and filtration, and the designation of temperature sensitive wet pond design approaches in the post-construction water standards above; and the control of runoff volume increases and the use of credits with the runoff volume control standards below. No additional specific temperature criteria are incorporated since these standards emphasize approaches sensitive to runoff temperature. Since these other standards allow flexibility and, in some cases, waivers, permit applications involving the creation of one or more acres of new impervious surface in the trout stream portions of the Vermillion River and its tributaries, where such areas do not first drain to a water body with 10 or more acres of open water, must include a narrative description of the temperature sensitive practices incorporated.
(2)
The community may require additional runoff temperature BMPs, if
the community finds that the site design does not minimize the potential
for runoff temperature increases.
F.
Peak runoff rate control standards. Land disturbances shall be governed
by the following minimum runoff rate control standards.
(1)
A hydrograph method based on sound hydrologic theory will be used
to analyze runoff for the design or analysis of flows and water levels.
(2)
Runoff rates for proposed activities and development shall:
(a)
Not exceed existing runoff rates for the one-year and ten-year
critical duration storm events.
(b)
Be implemented such that peak runoff rate controls keep future
peak flood flows for the Vermillion River 100-year, four-day event
from increasing above existing conditions peak flows.
(c)
Not exceed the existing rate for the 100-year critical duration
storm event or the VRWJPO Intercommunity Flow Study goal flow value
for the community, whichever is more restrictive.
G.
Runoff volume control standards. Land disturbances shall be governed
by the following minimum runoff volume control standards.
(1)
Development that creates one acre or more of new impervious surface must incorporate volume control practices into the design sufficient to prevent an increase in the runoff volume for the two-year twenty-four-hour storm above predevelopment conditions, unless waived in accordance with Subsection G(7) below. Determination of the necessary control volume to achieve this standard shall be calculated on a site-by-site basis for each individual proposal.
(2)
Credits for site design are the preferred methods for meeting the
volume control standards and shall be discussed and approved by the
Community Engineer prior to the design of infiltration or filtration
facilities. Such credits will be considered on a case-by-case basis
and must be consistent with any credit system established by the VRWJPO.
Potential credits for volume control include:
(a)
Natural area conservation credit that gives a credit for the
net runoff volume conserved compared to how the property could have
been developed.
(b)
Rooftop disconnection credit that allows rooftop areas to not
be counted as impervious area in the volume control calculation if
roof drainage is direct to previous areas.
(c)
Nonrooftop disconnection credit that allows small developed
areas to not be counted for the volume control calculation if these
areas are directed as sheet flow to pervious areas.
(d)
Permeable paver disconnection credit that allows some fraction
or percentage of the surface area covered by permeable pavers to not
be counted as developed area.
(e)
Grass channel credits that allow some credit for the use of
grassed channels instead of lined channels or underground pipe.
(f)
Soil amendment credit that allows for a percentage reduction
of impervious surface used in the volume control calculation for each
acre of soil area amended. Amendment would include deep or chisel
plowing and the addition of an amendment such as compost.
(g)
Green rooftop credit that allows some fraction or percentage
of the area of green rooftop to not be counted as impervious surface
in the volume control calculation.
(h)
Forest/prairie cover credit that allows some percentage reduction
of impervious surface used in the volume control calculation for each
acre of new forest or prairie created.
(i)
Reuse of stormwater for irrigation credit that allows for a
fraction of runoff volume requirement reduction where stormwater from
cisterns or wet ponds is preferentially used for irrigation instead
of potable water supplies.
(3)
The water quality control volumes necessary to meet the NPDES general
construction permit that are satisfied using infiltration or filtration
technologies (filtration only on Type C and Type D soils) can count
toward the volume control requirements of this article.
(4)
When using infiltration for volume control:
(a)
Infiltration volumes and facility sizes shall be calculated
using one of the three methods below:
[1]
Using the following hydrological soil group classification and
saturated infiltration rate:
|
Hydrologic Soil Type
|
Infiltration Rate
|
Soil Texture
|
|---|---|---|
|
A
|
0.30 inch/hour
|
Sand, loamy, sand, or sandy loam
|
|
B
|
0.15 inch/hour
|
Silt, loam, or loam
|
|
C
|
0.07 inch/hour
|
Clay loam, silty clay loam, silty clay, or clay
|
[2]
Using documented site-specific infiltration or hydraulic conductivity
measurements completed by a licensed soil scientist or engineer; or
[3]
Using the method provided in the Minnesota Stormwater Manual
Volume 2 (MPCA 2005), Chapter 12-INF.
(b)
The design shall consider the infiltration rates of the least
permeable horizon within the first five feet below the bottom of the
infiltration practice.
(c)
The system shall be capable of infiltrating the required volume
in 72 hours.
(5)
Constructed infiltration facilities, such as infiltration basins
and trenches:
(a)
Can only be used if there is pretreatment of stormwater runoff
designed to protect the infiltration system from clogging with sediment
and to protect groundwater quality;
(b)
Cannot be used within 400 feet of a municipal or other community
supply well or within 100 feet of a private well unless specifically
allowed by an approved wellhead protection plan;
(c)
Cannot be used for runoff from fueling and vehicle maintenance
areas and industrial areas with exposed significant materials;
(d)
Cannot be used on areas with less than three feet vertical separation
from the bottom of the infiltration system and the seasonal high ground
water table; and
(e)
Cannot be used in Type D soils.
(6)
Infiltration areas must be fenced or otherwise protected from disturbance
before the land disturbing activity starts.
(7)
Volume control amounts may be waived by the LGU or the VRWJPO for
sites with predominately Type C and Type D soils, or where a shallow
water table prevents construction of infiltration systems, provided
the following are met in order of decreasing preference:
(8)
Vegetation used in conjunction with infiltration systems must be
tolerant of urban pollutant, and the range of soil moisture conditions
anticipated.
H.
Minimum stormwater pollution prevention measures and related inspections.
These minimum control measures are required where bare soil is exposed.
Due to the diversity of individual construction sites, each site will
be individually evaluated. Where additional control measures are needed,
they will be specified at the discretion of the Community Engineer.
The Community Engineer reserves the right to receive comments from
the Dakota County Soil and Water Conservation District (SWCD). The
community will determine what action is necessary to prevent excessive
erosion from occurring on the site. If the following conditions are
not met as outlined below, the MPCA will be notified for lack of compliance,
fines may be levied, and prosecution for noncompliance with this article
will be pursued.
(1)
All grading plans and building site surveys must be reviewed by the
community for effectiveness of erosion control measures in the context
of the site topography and drainage.
(2)
The stormwater pollution prevention plan's measures, the limit of
disturbed surface and the location of buffer areas shall be marked
on the approved grading plan, and identified with flags, stakes, signs,
etc., on the development site before work begins.
(3)
Sediment control measures must be properly installed by the builder
before construction activity begins. Such structures may be adjusted
during dry weather to accommodate short-term activities, such as those
that require the passage of very large vehicles. As soon as this activity
is finished or before rainfall, the erosion and sediment control structures
must be returned to the configuration specified by the community.
Sufficient erosion control structures must be in place before a footing
inspection will be done.
(4)
Diversion of channeled runoff around disturbed areas, if practical,
or the protection of the channel.
(5)
If a stormwater management plan involves directing some or all of
the site's runoff, the applicant or his designated representative
shall obtain from adjacent property owners any necessary easements
or other property interests concerning the flowing of such water.
(6)
Land disturbing activities should be phased or scheduled to minimize
the amount of exposed soil at any time to lessen the potential for
erosion and sedimentation.
(7)
The applicant is required to obtain a National Pollutant Discharge
Elimination System/State Disposal System (NPDES/SDS) construction
stormwater permit from the Minnesota Pollution Control Agency for
any project that disturbs one acre or more of land.
(8)
Sediment basins related to impervious surface area. Where a project's
ultimate development replaces surface vegetation with one or more
acres of cumulative impervious surface, and all runoff has not been
accounted for in the community's existing stormwater management plan
or practice, the runoff must be discharged to a wet sedimentation
basin prior to entering waters of the state.
(9)
Generally, sufficient silt fence or other sediment control device
will be required to hold all sheet flow runoff generated at an individual
site until it can either infiltrate or seep through the device's pores.
(10)
Temporary stockpiling of 30 or more cubic yards of excess soil
on any lot or other vacant area will not be allowed without issuance
of a grading permit for the earth moving activity in question.
(11)
For soil stockpiles greater than 10 cubic yards the toe of the
pile must be more than 25 feet from a road, drainage channel or stormwater
inlet. If such stockpiles will be left for more than seven days,;
they must be stabilized with mulch, vegetation tarps or other means.
If left for less than seven days, erosion from stockpiles must be
controlled with silt fences or rock check dams.
(a)
If for any reason a soil stockpile of any size is located closer
than 25 feet from a road, drainage channel or stormwater inlet and
will be left for more than seven days, it must be covered with tarps
or controlled in some other manner.
(12)
All sand, gravel or other mining operations taking place on
the development site shall have a National Pollutant Discharge Elimination
System General Stormwater permit for industrial activities and all
required Minnesota Department of Natural Resources permits.
(13)
Temporary rock construction entrances will be required wherever
vehicles enter and exit a site, according to specifications required
by the Community Engineer. Slash mulch, four inches to 10 inches,
may be used in lieu of rock if approved by the Community Engineer.
(14)
Parking is prohibited on all bare lots and all temporary construction
entrances, except where street parking is not available.
(15)
Streets must be cleaned and swept whenever tracking of sediments
occurs and before sites are left idle for weekends and holidays. Regular
sweeping must occur on paved roads at least once a week, unless notified
by the community, in which case sweeping will need to occur within
24 hours of being notified by the community.
(16)
Water (impacted by the construction activity) removed from the
site by pumping must be treated by temporary sedimentation basins,
geotextile filters, grit chambers, sand filters, up-flow chambers,
hydro-cyclones, swirl concentrators or other appropriate controls.
Such water shall not be discharged in a manner that causes erosion
or flooding of the site, receiving channels, adjacent property or
a wetland.
(17)
All storm inlets must be protected during construction until
control measures are in place with either silt fence or an equivalent
barrier that meets accepted design criteria, standards and specifications
as contained in the latest version of the Minnesota Pollution Control
Agency's publication "Minnesota Stormwater Manual" or other approved
publication.
(18)
Catch basins and sediment ponds must be cleaned prior to acceptance
by the community.
(19)
Roof drain leaders. All newly constructed and reconstructed
buildings must route roof drain leaders to pervious areas (not natural
wetlands) where the runoff can infiltrate. The discharge rate shall
be controlled so that no erosion occurs in the previous areas.
(20)
At a minimum, SWPPP inspections shall be done weekly and within
24 hours after a rainfall event greater than 0.5 inches in 24 hours
by the applicant or the applicant's representative.
(21)
Follow-up inspections must be performed by the community on
a regular basis to ensure that erosion and sediment control measures
are properly installed and maintained. In all cases the inspectors
will attempt to work with the developer and/or builder to maintain
proper erosion and sediment control at all sites.
(a)
In cases where cooperation is withheld, construction stop orders
may be issued by the community, until erosion and sediment control
measures meet specifications. A second erosion and sediment control/grading
inspection must then be scheduled and passed before the final inspection
will be done.
(22)
Removal of more than one acre of topsoil shall not be done,
unless written permission is given by the Community Engineer. Excessive
removal of topsoil can cause significant soil erosion problems.
(23)
Inspection and maintenance. All stormwater pollution control
management facilities must be designed to minimize the need for maintenance,
to provide easy vehicle and personnel access for maintenance purposes
and be structurally sound. These facilities must have a plan of operation
and maintenance that ensures continued effective removal of the pollutants
carried in stormwater runoff. The NPDES permittee shall inspect all
stormwater management facilities during construction in accordance
with the NPDES permit requirements. A copy of the inspection records
shall be given to the community. It shall be the responsibility of
the applicant to obtain any necessary easements or other property
interests to allow access to the stormwater management facilities
for inspection and maintenance purpose.
I.
Minimum design standards for stormwater drainage facilities. Stormwater
drainage facilities shall be designed to convey the flow of surface
waters without damage to persons or property. The system shall ensure
drainage at all points along streets, and provide positive drainage
away from buildings. Drainage plans shall be consistent with local
and regional drainage plans. The facilities shall be designed to protect
against surface erosion and siltation of surface water, and to prevent
the discharge of excess runoff onto adjacent properties.
(1)
All storm sewers shall be designed to convey the ten-year critical
duration storm event according to methods of accepted engineering
practice subject to approval by the Community Engineer.
(2)
A map identifying all of the individual drainage areas, and storm
sewer design sheets identifying drainage area, runoff coefficient,
time of concentration, intensity, runoff, slope, diameter, length,
and capacity of the pipe, velocity within the pipe and invert elevations
shall be submitted with the plans. All normal and high-water levels
of existing and proposed stormwater ponds, wetlands, lakes, streams,
and rivers shall be included on the plans.
(3)
If required by the Community Engineer, 100-feet of four-inch perforated
drain tile shall be installed at all low point catch basins located
within community right-of-way. The drain tile shall be connected to
proposed storm sewer facilities.
(4)
Catch basins shall have a minimum depth of 3.5 feet.
J.
Minimum design standards for stormwater wet detention facilities.
All stormwater detention basins that do not discharge directly into
the Vermillion River or its tributaries shall be designed in accordance
with the Walker Method for wet detention basins. The following standards
shall be utilized.
(1)
The permanent pool shall be equal to or greater than the runoff from
a 2.5-inch rainfall for fully developed watershed conditions.
(2)
The average pond depth obtained by dividing the permanent pool volume
by the permanent pool area shall be a minimum of three feet.
(3)
Side slopes shall be a maximum of 3:1 above the normal water level
(NWL) and a maximum of 3:1 below the NWL with a 10:1 bench located
below the NWL.
(4)
Pond inlets and outlets shall be located so as not to encourage plug
flow.
(5)
A twenty-foot minimum easement adjacent to a public road shall be
provided to all ponds so community maintenance crews have access to
the pond.
(6)
Concrete outlet structures shall be provided for all stormwater basins
in accordance with community standards or a standard approved by the
Community Engineer.
(7)
The lowest opening for all structures adjacent to stormwater ponds,
wetlands, lakes or other waterways shall be at least three feet above
the 100-year high water elevation.
(8)
The lowest opening in any structure adjacent to stormwater ponds,
wetlands, lakes or other waterways shall be at least two feet above
the emergency overflow elevation. A minimum freeboard of one foot
is required between the 100-year flood elevation and the emergency
overflow elevation.
(9)
The minimum floor elevations for all structures adjacent to landlocked
stormwater ponds, wetlands, lakes or other waterways shall be at least
two feet above the back-to-back 100-year flood elevation.
(10)
A phasing plan for the construction of new and/or temporary
detention basins shall be submitted to the Community Engineer for
approval. Detention basins shall be constructed prior to other construction.
The detention basins shall be cleared of sediment by the contractor
at the end of the project. Infiltration basins shall not be constructed
until the end of the project to eliminate unnecessary compaction of
the soils.
K.
Permanent maintenance of stormwater facilities. All stormwater management
structures and facilities shall be maintained in perpetuity to assure
that the structures and facilities function as originally designed.
The responsibility for maintenance shall be assumed either by the
community with jurisdiction over the structures and facilities, or
by the applicant entering into a maintenance agreement with the LGU.
L.
Stormwater easements and covenants. The applicant for stormwater
permits shall establish, in a form acceptable to the community, temporary
and permanent drainage and utility easements, or dedicated outlets,
for pending, flowage, and drainage purposes over hydrologic features,
such as water bodies and public stormwater basins. The easements,
or outlots, shall include the right of reasonable access for inspection,
monitoring, maintenance, and enforcement purposes. The community may
require that the land be subjected to restrictive covenants or a conservation
easement, in form acceptable to the community, to prevent the future
expansion of impervious surface and the loss of infiltration capacity.
M.
Waivers. The community may waive runoff rate, water quality, and
runoff volume on-site standards, consistent with the Collaborative
Local Water Management Plan, and provided the off-site stormwater
facilities are capable of meeting the other requirements in this article.
N.
Trading. Consistent with criteria established by or approved by the
VRWJPO, the community may consider "trading" revegetation of streamside
areas with inadequate shading for a lower degree of on-site temperature
control with individual developments.
A.
Wetland alteration approval required. No person or political subdivision
shall drain, fill, excavate, or otherwise alter a wetland or public
waters wetland without completing a wetland application provided by
the Minnesota Board of Water and Soil Resources (BWSR), consistent
with the requirements of the Wetland Conservation Act (WCA). The application
may be referred to the technical evaluation panel appointed by the
community, BWSR, and the Dakota County SWCD for technical findings
and recommendations prior to any action on the application by the
community. The community is the LGU for all WCA review and permitting.
B.
Wetland determinations and delineations. The community shall refer
to all maps and resources available in determining whether a land
disturbing activity may impact a wetland. The community has the authority
and responsibility to carefully evaluate all potential wetland impacts.
In instances when a potential wetland area is not illustrated on any
maps or other resources and its existence is questioned, the community
shall contact the Dakota County WCD and request a determination to
whether a wetland may in fact exist. If the SWCD determines that a
wetland may exist, the community shall require the person proposing
the land disturbing activity to conduct a field evaluation and delineation
of the potential wetland. The SWCD shall approve the evaluation and
delineation, if the area is determined to be a wetland. The community
shall reimburse the SWCD for its determination and evaluations, according
to fees established by the SWCD. Nothing shall prevent the community
from requiring the person engaged in a land disturbing activity to
reimburse the community for its out of pocket expenses incurred in
the wetland determination and delineation procedure.
C.
Wetland management priorities. The community establishes the following
priorities in managing wetlands:
(1)
Work to achieve no net loss of wetlands.
(2)
Replace lost wetlands in the same subwatershed whenever possible.
(3)
Provide equal or greater functions and values for lost wetlands at
the replacement ratios dictated by the WCA.
(4)
Avoid direct or indirect wetland disturbance in accordance with state
and federal requirements and approved local wetland management plans.
(5)
Limit the use of high quality wetlands for stormwater management
where other alternatives exist.
(6)
Prevent direct discharge of stormwater runoff facilities into wetlands.
(7)
Avoid fragmentation of natural areas and corridors when feasible
and mitigate when unavoidable.
D.
Wetland alteration/mitigation standards.
(1)
Any drainage, filling, excavation, or other alteration of a public
waters wetland or wetland shall be conducted in compliance with Minnesota
Statutes § 103G.245, the WCA, Minnesota Rule Chapter 8420,
including all exemptions, and regulations established herein.
(2)
In order to preserve WCA exemption or no loss determination, projects
involving excavation in Types 1, 2, 6, and 7 wetlands must demonstrate
a beneficial purpose, such as habitat or water quality improvements,
and minimize loss of wetland function as determined by the LGU.
(3)
Wetlands on agricultural land enrolled in the Federal Farm Program
retain the WCA exemption as long as wetlands are 1) not drained, excavated,
or filled beyond that necessary to replace, maintain, or repair existing
drainage infrastructure with a capacity not to exceed that which was
originally constructed; or 2) replaced at a ratio of 1:1 or greater
under United States Department of Agriculture provisions as supported
by documentation from the United States Department of Agriculture,
which must be included as evidence to support this exemption.
(4)
Per the WCA, if the activity would result in loss of eligibility
or conversion to nonagricultural land within 10 years, the landowner
cannot qualify for the exemption.
(5)
A high quality (or equivalent value) public waters wetland or wetland
(as determined by methods acceptable to the VRWJPO for vegetative
diversity) may not be used for stormwater management and treatment
unless the use will not adversely affect the function and public value
of the wetland and other alternatives do not exist.
(6)
Wetland replacement/mitigation siting must follow the priority order
below.
(a)
Mitigation on-site.
(b)
Mitigation within the same minor subwatershed as established
by the Minnesota Department of Natural Resources for the "1979 Watershed
Mapping Project" pursuant to Minnesota Laws 1977, Chapter 455, Section
33, Subdivision 7, Paragraph (a).
(c)
Mitigation within the VRWJPO boundary.
(d)
Mitigation within Dakota County.
(e)
Mitigation within major watershed number 38: Mississippi and
Lake Pepin, excluding minor subwatersheds 3800400, 3800500, 3800401,
3801700, 3800402, 3800200, 3800302, 3800600, 3800800, 3800301, 3800300,
3800700, 3801601, 3800100, 3801800, 3801200, 380100, 3801000, and
3800900, which are located in Goodhue County and are tributary to
the Mississippi River instead of the Vermillion River.
(7)
Transportation projects shall pursue wetland mitigation projects
to the extent practical using the standards above; however, this does
not preclude the use of the BWSR Replacement Program.
A.
Wetland and waterway protection. It is a stated purpose of this article
to protect and preserve the function and value of water resources
in the community. The provisions of this section identify requirements
for land preservation adjacent to wetlands and waterways for the purpose
of protecting the function and value of water resources.
B.
Buffers required. A buffer of land adjacent to wetlands, public waters wetlands, and. major waterways shall be established according to the requirements of this section and encumbered by permanent easement or other formal mechanisms as described in Subsection F, for all lots created after the effective date of this article, except as follows:
(1)
A division of land exempt from local subdivision regulation as defined
in Minnesota Statutes.
(2)
A court-ordered division of land that precludes the community from
establishing these regulations.
(3)
A division of land where the resulting lots qualify for green acres
agricultural tax classification.
(4)
An authorized division of land enrolled in an agricultural preserve.
D.
Wetland buffer criteria and dimensions. For all wetlands and public
waters wetlands requiring buffers according to this article, a wetlands
delineation shall be required and a wetlands functional assessment
for vegetative diversity shall be completed by the person required
to establish the buffer, unless such assessment has been completed
by the Dakota County SWCD. The functional assessment shall be consistent
with standards established or recommended by the SWCD. Buffer dimensions
shall be established, based on the value of wetlands, identified as
follows:
|
Buffer Dimension
|
Exceptional Quality
(feet)
|
High Quality
(feet)
|
Medium Quality
(feet)
|
Low Quality
(feet)
|
|---|---|---|---|---|
|
Average width
|
50
|
40
|
30
|
25
|
|
Minimum width
|
30
|
30
|
25
|
16.5
|
E.
Major waterways buffer criteria and dimensions. Major waterways in
the community are identified by the VRWJPO, as illustrated on Map
1, October 26, 2006, attached to this article as Appendix A. At any
point in time that Map 1 is updated and formally adopted by the VRWJPO,
and the updated map of major waterways is formally transmitted to
the community by the VRWJPO, the community shall replace Map 1 with
the updated map. For all major waterways requiring buffers according
to this article, required buffers shall meet the following dimensions,
based upon the following classifications of the waterways.
|
Waterway Classification
|
Buffer Dimensions and Standards
|
|---|---|
|
Conservation corridor
|
Lower Reach (Vermillion River downstream of Biscayne Avenue):
150 feet average, 100 feet minimum, measured from the edge of the
meander belt of the river
|
|
Conservation corridor
|
Upper Reach (Vermillion River upstream of Biscayne Avenue and
South Branch Vermillion River): 150 feet average, 100 feet minimum,
measured from the edge of the meander belt of the river
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Aquatic corridor principal connector
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100 feet average, 65 feet minimum, measured from the edge of
the meander belt of the river
|
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Aquatic corridor principal connector with trout stream designation
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100 feet minimum, no averaging, measured from the edge of the
meander belt of the river
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Aquatic corridor tributary connector
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50 feet average, 35 feet minimum: plus 2 feet for every 1% of
slope
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Water quality corridor
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30 feet average, 20 feet minimum where there is a flow path
for concentrated surface runoff, measured from the center line of
the flow path
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F.
Buffer standards. The following standards shall apply to all buffers
established in this section.
(1)
Where acceptable natural vegetation exists in buffer areas, the retention
of such vegetation in an undisturbed state is required unless approval
to replace such vegetation is received. A buffer has acceptable vegetation
if it:
(2)
Buffers shall be staked and protected in the field prior to construction
unless the vegetation and the condition of the buffer are considered
inadequate. Existing conditions vegetation will be considered unacceptable
if:
(3)
Where buffer vegetation and conditions are unacceptable, or where
approval has been obtained to replant, buffers shall be replanted
and maintained according to the following standards:
(a)
Buffers shall be planted with a native seed mix approved by
MnDOT, BWSR, NRCS, or the Dakota SWCD, with the exception of a one-time
planting with an annual nurse or over crop. Plantings of native forbs
and grasses may be substituted for seeding. All substitutions must
be approved by the community. Groupings/clusters of native trees and
shrubs, of species and at densities appropriate to site conditions,
shall also be planted throughout the buffer area.
(b)
The seed mix and planting shall be broadcast/installed according
to MnDOT, BWSR, NRCS or Dakota SWCD specifications. The selected seed
mixes and plantings for permanent cover shall be appropriate for the
soil site conditions and free of invasive species.
(c)
Buffer vegetation (both natural and created) shall be protected
by erosion and sediment control measures during construction.
(d)
During the first five full growing seasons, except where the
community has determined vegetation establishment is acceptable, the
owner or applicant must replant buffer vegetation where the vegetative
cover is less than 90%. The owner or applicant must assure reseeding
or replanting if the buffer changes at any time through human intervention
or activities.
(4)
Where a buffer is required, the community shall require the protection
of the buffer under a conservation easement, or include the buffer
in a dedicated outlot as part of platting and subdivision approval,
except where the buffer is located in a public transportation right-of-way.
For all buffers established, the edge of the buffers shall be identified
with permanent markers (post and sign), noting the location and purpose
of the buffer. The specifications for markers and the interval spacing
of the markers shall be determined by the community.
(5)
Alterations, including building, storage, paving, routine mowing, burning, plowing, introduction of noxious vegetation, cutting, dredging, filing, mining, dumping, grazing livestock, agricultural production, yard waste disposal, or fertilizer application, are prohibited within any buffer. Periodic mowing or burning or the use of fertilizers and pesticides for the purpose of managing and maintaining native vegetation is allowed with approval of the community. Noxious weeds may be removed and mechanical or spot herbicide treatments may be used to control noxious weeds, but aerial or broadcast spraying is not acceptable. Prohibited alterations would not include plantings that enhance the natural vegetation or selective clearing or pruning of trees or vegetation that are dead, diseased or pose similar hazards, or as otherwise clarified in Subsection F(6).
(6)
The following activities shall be permitted within any buffer, and
shall not constitute prohibited alterations:
(a)
The following activities are allowed within both the minimum
and average buffer width areas:
[1]
Use arid maintenance of an unimproved access strip through the
buffer, not more than 10 feet in width, for recreational access to
the major waterway or wetland and the exercise of riparian rights.
[2]
Structures that exist when the buffer is created.
[3]
Placement, maintenance, repair, or replacement of public roads
and utility and drainage systems that exist on creation of the buffer
or are required to comply with any subdivision approval or building
permit obtained from the municipality or county, so long as any adverse
impacts of public road, utility, or drainage system on the function
of the buffer have been avoided or minimized to the extent practical.
[4]
Clearing, grading, and seeding is allowed if part of an approved
wetland replacement plan, or approved stream restoration plan.
[5]
Construction of a multipurpose trail, including boardwalks and
bridges, provided it is constructed to minimize erosion and new impervious
surface, and has an undisturbed area of vegetative buffer at least
10 feet in width between the trail and the wetland or public waters
wetland edge, or the bank of the major waterway; or where needed to
cross the major waterway, the minimum impact alignment is used.
(b)
The following activities are allowed within those portions of
the average buffer width that exceed the minimum buffer width:
[2]
The area of shallow vegetated infiltration and biofiltration facilities, and water quality ponds not to exceed 50% of the pond area, adjacent to wetlands and major waterways may be included in buffer averaging, provided the facilities do not encroach into the minimum buffer width, and the land areas are stabilized in accordance with Subsection F(3) above, and alterations prohibited in Subsection F(5) above are upheld.
G.
Exceptions.
(1)
The buffer standards do not apply to any wetland or public waters
wetland with a surface area equal to or less than the area of wetland
impact allowed without replacement as de under the WCA, and to those
portions of wetlands that will be filled under approved wetland replacement
plans per the WCA.
(2)
If the community has adopted a BWSR or VRWJPO approved Comprehensive
Wetland Management Plan (prior to March 9, 2007), which prescribes
required buffer widths for public waters wetlands, wetlands, and major
waterways; the applicable chapter shall govern buffer widths, restrictions,
allowable uses, and monumentation until such time as the VRWJPO completes
second generation Watershed Plan in 2015. With the 2015 Plans the
LGUs need to include standards equivalent to the VRWJPO buffer standards,
or have updated plans approved by BWSR or VRWJPO.
(3)
The buffer standards for water quality corridors do not apply to
lots of record as of the date of the published VRWJPO rules, March
9, 2007, that are less than one acre in size.
(4)
The buffer standards do not apply to existing outlots that received
preliminary plat approval in the two-year period (or more if the preliminary
plat approval was extended by the community) preceding the date of
the published VRWJPO rules, March 9, 2007.
(5)
Where a stream meandering project has been completed, the buffer
width shall be established by the LGU and shall be no less than the
minimum.
(6)
Consistent with criteria established by or approved by the VRWJPO,
the community may consider "trading" revegetation of streamside areas
with inadequate shading or inadequate stabilization for smaller buffer
widths, or trading reduced buffer widths in one area for establishing
buffers in identified critical areas.
H.
Required submittals. When buffers are established as required in Subsection B, the following information shall be submitted to the community:
(1)
Construction plans and specifications showing the delineated wetland
edge, buffer strip location(s), the location of buffer monuments and
the location of any temporary fencing required.
(2)
A narrative description of each buffer strip identifying its current
condition.
(3)
A legal description and drawing of each buffer strip, signed forms
for conservation easements; or record of an administrative land split,
preliminary plat or final plat demonstrating that the buffer area
is contained in a dedicated outlot.
A.
Floodplain alteration approval required. No person or political subdivision
shall alter or fill land, or build a structure or infrastructure below
the 100-year critical flood elevation of any major waterway, public
waters, public waters wetland, or other wetland without first obtaining
a permit from the community or Dakota County, acting as the LGU. Where
Dakota County has floodplain management jurisdiction, the provisions
of this section and Dakota County Chapter No. 50, Shoreland and Floodplain
Management Chapter shall apply.
B.
Floodplain management priorities. The community establishes the following
priorities in managing floodplains.
(1)
Protect the natural function of the floodplain storage areas from
encroachment.
(2)
Work to maintain no net loss of floodplain storage.
(3)
Manage floodplains to maintain critical 100-year storage volumes.
(4)
Limit floodplain alterations in order to obtain no net loss of floodplain
storage, and including the preservation, restoration, and management
of floodplain wetlands.
(5)
Require compensatory storage for new developments within the floodplain.
C.
Floodplain management standards. Land disturbing activities in or
near the 100-year critical flood elevation shall be subject to the
following standards.
(1)
Floodplain alteration or filling shall not cause a net decrease in
flood storage capacity below the projected 100-year critical flood
elevation unless it is shown that the proposed alteration or filling,
together with the alteration or filling of all other land on the affected
reach of the water body to the same degree of encroachment as proposed
by the applicant, will not cause high water or aggravate flooding
on other land and will not unduly restrict flood flows.
(2)
Where 100-year flood critical elevations have been established, all
new structures shall be constructed with the low floor consistent
with the minimum elevations as specified State of Minn. R. Ch. 6120,
Shoreland and Floodplain Management, and Dakota County Chapter No.
50, Shoreland and Floodplain Chapter, as applicable.
(3)
Projects involving development, redevelopment, or the subdivision
of land, shall establish flood storage, flowage, and drainage easements
over areas below the 100-year critical flood elevation of any public
water, public waters wetland, or wetland.
(4)
Setbacks for floodplain alterations, fill, and new underground utilities,
such as water, sanitary and storm sewers and interceptors, gas lines,
phone lines, and pipelines; shall be established and used along major
waterways. These setbacks shall be established as follows: (the exception
is for utilities that need to reach or cross the major waterway, provided
the minimum impact alignment is used) Limit floodplain alterations
in order to obtain no net loss of floodplain storage, and including
the preservation, restoration, and management of floodplain wetlands.
(a)
Where a major waterway has a sinuous flow pattern and a meander
belt can be identified, the setback for new underground utilities
shall be set back 15 feet from the outer edge of the meander belt.
(b)
Where a sinuous flow pattern and meander belt are not readily
identifiable because of past channel alterations and/or the geomorphology
of the channel, the setback established for new underground utilities
shall provide for the potential for restoration and a sinuous flow
pattern as follows.
(c)
Where there are existing encroachments that limit full restoration
of the stream to the meander widths appropriate for the stream type,
the setback shall be 15 feet from the reasonably achievable restoration
width for the meander belt given the existing encroachments.
(d)
Where full restoration is possible, the setback shall be 15
feet from a meander belt width established along the stream reach
that has a width 10 times the bankfull channel width. An assessment
of the stream type may be completed, and meander belt widths established
according to the stream type, in place of using the above 10x formula.
Note: the 1999 Vermillion River Assessment Report, available at the
Dakota SWCD or the Dakota County offices of the VRWJPO, provides assessment
of stream type for many reaches of the Vermillion River.
(e)
Where buffers are required, aboveground encroachments, alterations,
and fill shall be consistent with the prohibited and allowed uses
and widths specified in the buffer standard.
(f)
Projects that alter floodplain boundaries, such as bridge crossings
and regional ponds that increase upstream high water levels, are allowed,
provided that:
[1]
The applicant submits easements or other documentation in a
form acceptable to the LGU or the VRWJPO demonstrating and recording
the consent of the owner of any land affected by the increased high
water levels;
[2]
The action is consistent with other portions of these standards
and local, state, and federal regulations; and
[3]
The upstream impacts, riparian impacts and habitat impacts of
the proposed action are analyzed and no detrimental impacts result,
or adverse impacts are mitigated.
D.
Required submittals. For any permit required in this section, the
following information shall be submitted to the community and/or Dakota
County:
(1)
Site plan showing boundary lines, delineation and existing elevation
contours of the work area, ordinary high-water level, and 100-year
critical flood elevation. All elevations shall be referenced to NGVD,
1929 datum.
(2)
Grading plan showing any proposed elevation changes.
(3)
Draft preliminary plat of any proposed subdivision.
(4)
Determination by a registered professional engineer of the 100-year
critical flood elevation before and after the proposed activity.
(5)
Computation of the change in flood storage capacity as a result of
the proposed alteration or fill.
(6)
Erosion control and sediment plan, or stormwater pollution prevention
plan, which complies with the stormwater management rule.
(7)
Soil boring results, if available.
A.
Drainage alteration approval required. No person or political subdivision
shall artificially drain surface water, or obstruct or divert the
natural flow of runoff so as to affect a drainage system, or harm
the public health, safety, or general welfare of the community, without
first obtaining permit from the community.
B.
Drainage system priorities. The community establishes the following
priorities in managing existing drainage systems:
(1)
Use existing natural retention and detention areas for stormwater
management to maintain or improve existing water quality.
(2)
Manage stormwater to minimize erosion.
(3)
Allow outlets from landlocked basins, provided such outlets are consistent
with state and federal regulations, and the downstream impacts, riparian
impacts, and habitat impacts of such outlets have been analyzed and
no detrimental impacts result.
(4)
Mitigate and reduce the impact of past increase in stormwater discharge
on downstream conveyance systems.
(5)
Address known flooding/erosion problems that across jurisdictional
boundaries and address other boundary issues and the diversion/alteration
of watershed flows in local water plans.
(6)
Address gully erosion problems in the watershed.
(7)
Maximize upstream floodwater storage.
C.
Drainage alteration standards. Land disturbing activities affecting
existing drainage systems shall be subject to the following standards.
(1)
Outlets from landlocked basins with a tributary drainage area of
100 acres or more will be allowed, provided such outlets are consistent
with other portions of these standards and state and federal regulations,
and the downstream impacts, riparian impacts, and habitat impacts
of such outlets have been analyzed and no detrimental impacts result.
The analysis and determination of detrimental impacts shall:
(a)
Use a hydrograph method based on sound hydrologic theory to
analyze runoff for the design or analysis of flows and water levels;
(b)
Ensure a hydrologic regime consistent with the peak runoff rate
control standards and the runoff volume control standards of this
article;
(c)
Ensure the outlet does not create adverse downstream flooding
or water quality conditions, or materially affect stability of downstream
major waterways;
(d)
Maintain dead storage within the basin to the extent possible
while preventing damage to property adjacent to the basin;
(e)
Ensure that the low floors of new structures adjacent to the
basin are set consistent with the floodplain alterations standards;
and
(f)
Ensure that proposed development tributary to the landlocked
basin has incorporated runoff volume control practices to the extent
practical.
(2)
Artificial drainage, flow obstruction, and diversions involving waterways,
public waters, public water wetland, wetlands with drainage areas
of 640 acres or more will be allowed, provided such alterations or
diversions are consistent with other portions of these standards and
state and federal regulations, and the downstream impacts, riparian
impacts and habitat impacts of such alterations or diversions have
been analyzed and no detrimental impacts result proposals for, drainage
alterations and diversions shall demonstrate that:
(a)
There is a reasonable necessity for such drainage alteration
or diversion to improve or protect human health and safety, or to
improve or protect aquatic resources;
(b)
Reasonable care has been taken to avoid unnecessary injury to
upstream and downstream land;
(c)
The utility or benefit accruing to the land on which the drainage
will be altered reasonable outweighs the gravity of the harm resulting
to the land receiving the burden; and
(d)
The drainage alteration or diversion is being accomplished by
reasonably improving and aiding the normal and natural system of drainage
according to its reasonable carrying capacity, or, in the absence
of a practicable natural drain, a reasonable and feasible artificial
drainage system is being adopted.
(3)
Drainage alterations, diversions, and landlocked basin outlets shall
be provided with stable channels and outfall.
D.
Exceptions.
(1)
No permit shall be required where it is demonstrated that the proposed
drainage alteration or diversion does not cause off-site erosion,
sedimentation, flooding, or other damage.
(2)
The LGU may waive the requirements regarding upstream and downstream
flooding impacts if the applicant submits easements or other documentation,
in form acceptable to the LGU, demonstrating and recording the consent
of the owner of any burdened land to the proposed alteration.
E.
Required submittals. For any permit required in this section, the
following information shall be submitted to the community, the VRWJPO,
and Dakota County, if the LGU:
A.
Applications. All requests for approvals required in this article
shall be made on application forms or by procedures prescribed by
the community, and reviewed and acted upon through procedures established
by the community, and according to time frames established by state
law.
B.
Permit fees. All requests for approvals required in this article
shall be obligated to pay applicable permit fees established by the
community and review procedure fees, including the reimbursement of
out of pocket expenses incurred by the community in the review and
approval process. Out of pocket expenses include but are not limited
to consulting fees, other agency review fees, public hearing publications,
mailings, and similar expenses.
C.
Escrow fund. The community may require a cash escrow fund, in amounts as established by the community, to cover the anticipated out of pocket expenses incurred by the community identified in Subsection B above. A person seeking approvals from the community shall be obligated to cover all out of pocket expenses regardless of the existence of an escrow fund or the amount required in an escrow fund.
D.
Financial surety. The community may require cash, a letter of credit,
or performance bond, or other surety, in a form and amount determined
by the community, to guarantee satisfactory completion of any land
disturbing activities and to protect the public health, safety and
welfare.
Appeals for the interpretation of any provision of this article and variances from the literal application of the provisions in this article may be appropriate in certain circumstances. The appeals and variance procedures to consider interpretations or relief from the provisions of this article shall follow the procedures and requirements, and shall require the same findings and considerations for granting appeals or variances, as are prescribed in Chapter 240, Zoning. In addition to the community's appeals and variance procedures, written notification shall be made by the community to the VRWJPO of any proposed appeal or variance proceeding no later than at the time notice of the proceedings delivered to the official newspaper for publication. The community must take into consideration any comments from the VRWJPO before acting on any appeal or variance.
Amendments to this article may be initiated by petition of any
person or by direction of the community. Any consideration for an
amendment to this article shall require a public hearing, including
publication of the public hearing in the community's official newspaper
at least 10 days prior to the date of the public hearing. The public
hearing may be held by the Planning Commission or the governing body,
as determined by the community. Prior to action on any amendment to
this article by the governing body, the community must forward a notice
of the public hearing to the VRWJPO at the time notice of the proceeding
is delivered to the official newspaper for publication. The community
should review and consider any comments from the VRWJPO prior to acting
on any amendment.
It is not intended by this article to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. Where any
provision of this article is in conflict with a provision of other
community chapters, the stricter provisions shall prevail.
A.
Civil remedy. In the event of a violation of this article, the community
may institute appropriate actions or proceedings to include injunctive
relief to prevent, restrain, correct or abate such violations or threatened
violations, and the Community Attorney may institute such action.
B.
Criminal remedy. Any person, firm or corporation who shall violate
any of the provisions of this article or who shall fail to comply
with any of the provisions of this article or who shall make any false
statement in any document required to be submitted under the provisions
of this article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished as provided by law. Each day that a violation
continue shall constitute a separate offense.
The provisions of this article are severable, and if any provisions
of this article, or application of any provision of this article to
any circumstance, are held invalid, the application of such provision
to other circumstances and the remainder of this article must not
be affected thereby.
