The URL can be used to link to this page

Watershed Dist Rules Discussion CITY OF CHANHASSEN o City Cmtn Drj"" PO Box 147 7hanhllJIn, Minn<sota 55317 Phon< 612.937.1900 GentTlli Fæc 612.937.5739 'ngin<tring Fæc 612.937.9152 ublit Sajity Fæc 612.934.2524 Wtb www.ci.chanh4llmmn.us MEMORANDUM TO: Scott Botcher, City Manager FROM: Kate Aanenson, AICP, Community Development Director DATE: March 23, 2000 SUBJ: New Rules for Riley.Purgatory·BluffCreek Watershed District Discussion Topic This memo is a follow up to our work session meeting with the watershed district meeting on January 3],2000. Staff meets with other communities in the watershed district on March ] ". The position on the staff is that there are still too many unanswered questions with the implementation of the new rule changes. ]t our position that additional study needs to be done to look at the costs of these changes. Below is as summary of the issues the staff has. PROBLEMS RULES ARE CREATING · Maintenance - cost, manpower, responsibility what does no curb do to the life of a street? · Increased cost of development and redevelopment · Increased penn its and regulations inspection fees and perfonnance bonds. · Adopting new technology that has not been fully tested. · JustifYing changes due to new EPA Rules when not all agree the new rules require this drastic of chlinges. · Watershed District has no plan of how existing basins shall be maintained. · Duplication of services and pennitting. · Erosion control-Inspection/enforcement still left to the City. · May conflict with city landscaping ordinances especially buffer ordinances. · We have difficulty maintains buffer strips adjacent to wetland rain gardens will be just as difficult to maintain. · What is the impact to density, useable and property values? · The city has an approved system of regional bonds these new rules go in another direction. · There has been no cost benefit analysis. · Lack of watershed quality enforcement upstream Minnesota River. Ultimately the staff is requesting the watershed delay the new adoption until there is additional study of the impacts of the changes. g:\eng\phillip\memos\new rules.2.doc City ofChanhassen.. A ¡,rowin!!. community with dtan lakes, quality schools, a charminl!, downtown, thrivinl!, businesses, and bfauri(ùl parks. A [Teat pia" to Ii"" work, and play. . CITY OF CHANHASSEN 690 GlJCmtn Drivt, PO Box 147 GJarshaMm,Mi_55317 . Phon< 612.937.1900 GentTIIi Far 612.937.5739 E'Wnttring Fæc 612.937:9152 hblitSaftIJ' Far612.934.2524 WLh 1lI1mlI.lÍcbanh1l!ltn.mn.us MEMORANDUM TO: Mayor City Council Scott A. Botcher, City Manager ~ FROM: DATE: February 14,2000 SUBJ: Correspondence Regarding Riley Purgatory Bluff Creek Watershed District Prc5posed Rules Please find attached copies of correspondence in response to the public hearing held by.the Riley Purgatory Bluff Creek District. In addition to our correspondence, which you should already have, you will find correspondence from some of the other affected agencies. We are in the proceSs of setting up a meeting with staff from the Cities of Minnetonka and Eden Prairie'(at a minimum) to see what areas of commonality exist between our organizations so we may present a united position to the Watershed District ill response to their proposals. Additionally, please remember that representatives of the Watershed District will be present on March 271h to discuss these rules with you again. If you have any questions, please feel free to contact me. Thank you. g:\user\so.."Cttb\\\'atc~shed dist rules.doc FEE 10 2ØØØ 11:24 FR BARR ENGIt£ERING FEE 02 2ØI!I0 is: 37 FR ffiR eG II'EER 1i'G v... ...,. -- ....... -- -- . . , ClTfOF CHANHASSEN mC'ItJCtrrMrDriR.I'OI..Ul ~M'_m? 1IsøI Q2.JJ7.JOO c-.JFct6U.931.5m EAzi-Rr¡ Fø(j/2J37jS2 p"w;. Slfttj1R tWM.2S24 WtÞJIJ//1IIJ.ci.~/IIlI.1II 612 832 2601 TO 99375739 P.08/10 1>12 632 2f5B1 TO 93:336959 P.Ø2/02 . I fft.Æ ~ Febn1ar7 I, :1000 Mr. Conrad FislallSS BOU'CllSfManatcn . JUicy purgatory Bluff Creek Watershed District 8033 ~c AV8IIUI ' ChBDlwsm. MN ssm Dear Mr. Pisknca: TIwIk ~u fer attandln¡ our Council work session lut cwning. I am wnt1Ð1 thilleUar on behalf oftbe City ofChanbassm in advance 12f'YOur public hcari¢ PIca- QOnsider this Ictœr put of the written AOOrcl ofYOl¡r public beating md IIIIter Ie Inta the rDCQrd appropriately. The rules Jlcoposcd by yollr organization VII very QOmplex and the varied im¡;act of these rules bas yet to bo fillly aW~ reviewed. or tnlJy undmtood. Thera ÍI a ,lrang feelina on the Council that tIu: Watmhcd District d0C5 IIOt need to be, and sho1ll<l not be, an the "cuttin¡ ad¡oD of'lmplClncntln¡ thcso ruiN. We beliGVe u:tina this far in advance ofthc 1I:tU£1 df'cçtivc ~ ofthos. rules is not in the bcá mtlnlS1S of our cltlæos or the C~. We belieyc tI\... 0:- cubSW1Úal qu..stions Involvin¡1\1G actual benefit!: received, the c:conomic aollllan-econoaùc costs (which arc largely unknown), and the ~babiUty of sUl:CeSsMly Implemcntills !be¡;r. nil_ I!veD if adOpted. FIIllÚIy, dtere is a basic issue ohqully. W. hav. a large parlÍol1 ofdt. SIaÞS of MlnnúOta !hilt fnnlcly does a terrible jOb. III many respects, of protectinø the MinnellOIa R.Iver. It Is my estimation that. AlIlI1ber of coUJlCiI members believe these rilles will be pushed down On srowina cuburban communities; I\IÇÅ as the City of Chanhassen, while large parts of ¡rea=r Minnesota as well IS tJlolICban core and ioter- rms suburbs either will nol be ~L1lred to ImplomOllt these rulec or sfmply wUll\ot acl upon them. These an: but a few of the qUfoStloas that uc out there al1d dies" qUl:5tions alone should not be considered ÏJI eny WliY. lIIapc, or (ann, II subtotal of our conceml. Our bactom I1no forth. public hearlas thi. ev...uoC is this: 'IlI1 Riley PurgIIOlY Bluff' Creek Watanht4 Dlluic:t should not enl! WaIIII! be dlC8l1ct III its dllf¥ to adopt ~N' wcr withOllt alllbCØtltla1 additional amal1llt of lI\IIysIs and I!lseussion not 0lII)' with u.. but also with odter c:ommUDItIcs willS arc lD=bors oftlu: diJ1ri1:t. We \oak torwanl to coutlnllCCS COØIJI~IOD aød r-I..ioasbips wid! you CD rovfewill¡ lIIese Is~s and woWd welCOIDCI you back at allY time to dÏSCIÞ5s ~eso ÍD1ItI. S' 1.; City Manqor City of Charahaueo SAB:k c; Mayor and City CoIIDCII Kat& AanOllSOIl, Cotmnunity DcveloplDlmt Director Pb!llip Elkbt, Water RelØ1II'CC9 Coord!t:alor 71w ("'~~~'/¡~ ~f"'rmWtt";¡/¡ åI.. iAhs. ..alii'll.'" dI41mIstr'-- thriv/Þr6wÎnøIQ. N 6uutißJ.... A.-~ þ¡¡", ..,,,. ø.1ø 612 937 S?a9 PAGE.ta2 ** TOTAL O:GE. 02 """ 612 832 2601 TO 99375739 P.09/10 etonka Mínnelonka. MN 55346 612,939-8200 FOIC 612-939-8244 February 2. 2000 Mr. Connld Fiskness President Riley-Purgatory-Bluff Creek Watershed District clo Mr. Robert C. Obermeyer Barr Enginearing Company 4700 West 77'" Street Mlnneepolis. MN 55435 HI:: Notice of PubUc Hearing on Proposed Rules Dear President Fiskness: I have briefly reviewed Riley-Purgatory-Bluff Creek Watershed District's proposed rules and would like to offer the following comments for your consideration. My comments below and my thoughts on this matter in general are for any set of rules to be practical and feasible In keepil)g with the overall goal of protecting our water resourc:es. Too many times rules are implemented to cover all situations, and as we all know. thIs sometimes is not the case. Furthermore. some cities like Minnetonka are further along In water management activities and should be recognized for doing so instead of havi/'l9 more restrictions placed on them. Section S. Subdivision 3 (Grading and land Alterationl · Items 3 and 4 are telling me that if I put a shollel In the ground under these circumstances, I need a permit. Under this scenario, this requirement is way too restrictive. Technically. you .can't even plant a bush or a tree. I can't believe the District was Intending this requirement to be that restrictive. I would be more than happy to work with the District to modify this language. Section 8. Subdivision 1 (Application) · Items 5 and 6. Additional requirements should· be within reason. · Item 8. Add language to require preliminary plat approval by the City prior to submitting application to the Watershed District. Mlnnetønka...where quality øomeg naturally FEE 10 2ØØØ 11'25 FR BARR ENGIt£ERING rc.a-clC-"""" ...... -- 612 832 2601 TO 99375739 P. 10/10 .: .- Mr. Conrad Fisk"es. February 2, 2000 Page 2 Section 8, SubdIvision 2 (Fees) · Field inspection fees for 8 small project are way too excessive. For example, planting a $20 bush would aCtually cost $620 based on the current language. Small projects under, for example, one acre In slz8 should not have any field Inspection fees applied. Section 8. Subdivision 3 (Bonds) · Requiring 8 bond for all projects is too restrictive, espec:ially for small projects. A high inspection fee combined with a performance bond requirement will more than likely push people to not apply for a permit. Also. some cities already have a bonding requirement end it theretore should not be. duplicated at the District level. General Comments Exemptions and variance procedures are m~ntloned within the proposed rules. I am assuming that tor many of the smaller projects that the District will apply the new - rules in a practical and feasible method, and sometimes vary from specific requirements. · Within the rules it is stated that e¡c;emptions to the sequencing requirements are provided for regional detentIon facilities in accordance with local water management plans. I would hope that the District would take the responsibility for locllting and identifying key regional recharge and increasad detentior¡ areas that may not be mentioned in a local plan, or are located within a city that currently does not have a local water management plar¡, The CiW of Minnetonka applauds the District's efforts to revise their existing rules to address the problems that have occurred over the years from increased development within the Watef$hed. The City furthermore would appreciate an opportunity to discuss these new rules with your staff; and would elso like to offer our assistance on any questions you may have. Sincerely, x~ Lee Gustafson, P.E. Director of Engineering TOTAL. P.03 - --- --.. ---..... ,...., FEE 102ØØØ 11:22 FR BARR ENGINEERI".. ." On8 West Wale' $1n:e1 5u~o 200 :-q. Paul, UN 55107 ,.511296-37117 r·".(&SII297·S615 field Oßicn tlorthern fleV1on: JS4 S.lake Avon.o Room 403 CuI""'. MN 5580? (2181723-4752 F3>< (218) 723·4794 3217 BemiØfi Av""u~ N. a.rnldji.IdN 5&601 (2181755·4235 Fax (218) 755·4201 217 S. 7111 SIreO' SUi,o 202 I!r.ainerd. MN 5640'·36tO (218) A28·2383 F... (21H) 8:.'8·6036 Southern Region: 261 HigllWIrf '5 S. Now UIm. "'N 56073·6915 (507) 35.9-6074 Fax (507) 359·6018 -40··16111 Slreel SE Suno A Aoch..,... MN 55904 (507) 285-745.8 r.. t5Q1J 200-2a75 _267 1400 E. \.)'on Stre., Man;hal!. ",N 56256 (507) 537·6080 Fax (507) 537·6368 -.olein> Region: OnG West Water StteBt Swl. 250 St. PeuI. MN 55'07 (&51) 282·9969 Fax (&51) 2~7·5&15 .An QQuaJ (JPpcrrunl(y .æmpJ;1V-:''f p,inted 011 tC'Cfch'd pi1pctt 612 832 2601 TO 99375739 P.Ø2/10 January 24, 2000 Mr. Conrad Fi$knœ¡s Prcsidtnt Riley Purgatory Bluft'Crcck Watershed District C/O KI'Cbsbach & Halle, Ltd. 701 4th Avenue S. Minneapolis, MN 55415-1631 IŒ: P"oposed Rule for Rilcy Purgatory Bluff Creek Watershed District Dear Mr. Fiskncss: Thc B(lard of Water and Soil Resources (board) would like 10 commend the Riley Purgatory Bluff Creek Watershed District (district) on its proposed changes to the district's rules. The board believes the new rules should give the district the primary tool needed to meet the challenges identified in the Statement of Needs and Reasonableness. The board supports innovative rules such as these, whieh also reveal the district's willingness to be a leader in watershed management. There arc two key issues raised by the proposed rules. The tirst key issuc is whcthcr dle rules will causc undue hardship to somc applicants because they will be asked to mitigate past storm water impacts. This will be especially true for sitcs with a great amount of existing impervious areas. such as road improvement projecls or commerciallindustrial parks, Oftcn, these sites will offcr littlc, if any. opponunity for on-site infiltration practices. How will the district dcal with these killlls (If sites'! The second key issue concerns Ihe decision 10 lI,~k applicant:; to infiltrate the runoff volume created by first 0.75 inches ofwatcr over the impervious ponion uf the contributing drainage area. The SQNAR makes a good case for the need 10 infiltrate water. 'The district has shown data for ¡he Bluff Creek watershed, as wclllll> 'data and rules from other watersheds, which supports setting the depth al 0.75 inches for the Bluff Creek watershed. Are the two other watersheds. Rilcy and Purgatory Creeks, similar enough in character to extrapoJale ¡he data from the Bluff Creek watershed to those watersheds? 1<1'8(' Wl> Rule. ,...·;"".\11); Page I of I FEE 10 2ØOO 11:22 FR BARR ENGINEERII-KJ 612 832 2601 TO 99375739 P.B3/10 In the prl,)ccs~ ofrey¡cwing tho proposed rules, staff has identified a few points in the proposed rules, which the bourd would like tho district to clarifY for it. Tho following tablo lays out the points of concern and makes somo editing suggestions as well. . Location Issue Su~~ested Page 7, The delj;;¡tion of CAP ABLE OF "Capable of Infiltrating" means an Lines 11-14 INFlL TRATtNG is not clear as INFILTRATION PRACTICE which can writtcn. infiltrate, in less than 72 hours, the CRlTrCAL INFILTRATION VOLUME, to be served by thc INPIL TRA TION ~--- PRACfICE. Sec. 6 Iï~ be helpful to havc a E.G. [CRITICAL INFIL TRA TION dcCinition ofthe infiltration volume VOLUME] "The Critical Inti1lration required in Subdivision 4 and for Volume" means the volume of water, in the infiltrlLtion depth, c.g. the 0.75 acre-feet, calculated by multiplying the inches. It also tics in with step (0) impervious area of the CONTRIBUTING or the worksheets. DRAINAGE AREA. in acres, by 0.75 inches and dividing by 12. [CRITICAL rNPIL TRA TION DEPTH] "The Critical Infiltration Depth" means the I amount ofwatcr to be infiltrated to reduce the volume of flow in channels to approach PRE-URBAN conditions as detennined by , the district. (The thought here is that this I depth may eventually be different for each _. ofthe watersheds in the district. ) Page 9, I The definition refers to a "one To be consistent with the rest of the Line 9 I percent ", critical duration stonn document, this should be - for the 100- ! (went. YEAR FREQUENCY, critical duration sec:6--'--' Some oflhe definitions - DEAD stonn evcnt. This could be added to the worksheets or , STORAGE, EXTENDED thc definitions section of the document. DETENTION STORAGE, FLOOD STORACE, ~tc. . could easily be clarified by including a plan and cross section ~rawing in the ,..~ ' document. Pu¡.¡c 13, ! The District will not take action... Does this refer to Preliminary or Final Plat Lines 6·8 until the... approval by the City? ------- RPßC WD I!.ule~ rcvic"W.úoc Page 2 of2 FEB 10 2ØØØ 11: 23 FR BI'IRR ENGIt£ERll'G 612 832 2601 TO 993'75739 P.Ø4/10 ... - Issue SUl!l!ested Loelltlon I'age II!. The stel'S 1.aken or planned to abale, Current language only requires the non- I.incs 7-11 rcduce, eliminate and prevent compliance be abated, reduced, eliminated reuccurrcnce of the non-compllancc or prevented. The adverse impacts caused should include language to restore by the non-cOmpliancc are not addressed. or reclaim the areas impBC~ by the The district should include lan¡uage here non-colnpliance that makes it clear, that should adverse ÍIIlp8Cts occur as a result orthe non· compliance, they should be reslored or -,---- mitil!ated. --- Side slopes below the bench arc not Page 2(). Side slopes shall be no steeper than Lines 6-7 3:1. recommended to be greater than 4: 1 in the new literature, Some sources arc suggesting 6: 1 for a short stretch (lOft horizontal), then going to a 3: I. The reason give.n is thaI 3:1 . side slopes below the bench tend to get _0_-_- greasy becausc of sediment deposition and i are so steep tbat people may slide down even ¡fthey arc trying to get back up the -- sloDe. Page 21, Mainleñãnce of Detention Basins Will the permit applica.nt be required to Lines 13·15 and Infiltration Practices identify the agency responsible to maintain the basins and nraetices into future? Worksheet Type ofSai! Is this the Hydrologic Soil Group? If so, il (CI &C2) should state that. Worksl~ Equati,;¡;- Definitions: S should be defined along with CN and P. 1.1') S and the · in the P definition for 2.27 Incbes· refers the applicant to Rules, EXTENDEDDETENTlON Subd. 5, 6) a) on page 20, but this statcs 2.3 -. VOLUME. inches. These should be the samC number. The comm<lnts and suggestion presented here by the board staff are intended to help thc district c1arify its position and language as slated in the SONAR and the in Proposed Rules of the Riley Purg:ltory Bluff Creek Watershed District documents. Should you have any questions regarding these comments, please feel fr~ to contact Doug Snyderat 65 1·21 5-1520. Sincerely. (;)~.-l~~'YI-:~/~ Douglas S'nydcr Board COl1~ervaliol1ist cc: Paul Haik, Krebsbach & Haik, Ltd. l{ohert Obermeyer, Barr Engineering Rl'SC WD Rules review.dQc Page 3 on FEE 102ØØØ 11:23 FR BARR ENGlt£ERING 612 832 2601 TO 99375739 FEE 01 208;' LSIØ2 FR I ~ a-G1t£ER11G 612 BJ2 26Ø1 TO r=-...-_ '''''''''. 1.1IT \,10 JA...\.U'lJI'II>I1JN 136959 P.Ø5/10 P.02/03 P.02/aJ . '11) ~o~nsron. mInnelClta ::15 Wdt Old 8111bpe. RilllcI-lIIoamIn¡¡mn MN ,SQT..;¡gn' (1121 t4I7DO . 'mC: I4U1c , ]DI1uæy3l,2oo0 Conrad F~""_. Preåclem 1Q1C)'~~B1uff'Cnek WIItCI$hed DJsuict c/o BOD Obc:m1e)'er Bær~"IPn~ 4700 West 77'" Street MirÌneapoUs. MN ~$43' RE: COlZlm=tI<.oa the Prol'o.sed RulCII of the lUIey~1uxptol7-Blu1l' Creek Watel1hed Diatdct (RPBCWD). The C~ oiBlo~gt~ ~pptcçiates'the'opportllDlty 10 eommeuc 011. the proposed Rules oftbc Riley-Pur¡atoIy BlufF C«ck Watershed Disuict. The CÏ1¡y ofBloom1ngtoll. hIlS had III. excellent· wotkú3g ælationship, 'with the Boardj¡£:Mana¡eis lIS.weIhs The DIstrict's Enpee:, BIIa EngiDei:rlDg, pantcuiir1y BOb. O~. Thc.Ci1:y dòo:Í have some ~c=s tegardiag the prop,;sec! iulcs. We ~u1d UIœ to ~S'CIII' ÇollåCl1lS and request šomc adåitiOllal1ime \0 allov.: for itiscussiOll. åfpoSslb1l1101~om WitA .dat.B~d o£Maaagcø m1d.Er1gin~. As ~fun~ devcl~ ~~tyB¡¡;~feeb1bofonOwiDg Items will be difijçnuo . acl:\1cvc.m ~eIò~ sit1Wi~;thus Jimitbl¡ ~r prI!êIuding redeveJopme¡¡.L ·The following are proposed role rcqairQmezitj¡ that ~ CitY afD'""",;"!tOJ1 wou1c1likc tQ cllscuss: .. ...... 1: The ~uir'm"~ éor.~¡n!~~ nå~'';'' d!sclI8t¡ts and tho COIISIr\IctioD ofdetCl1!1on . \\a:sfIIs ~ 1!~~1àWt hi a ir08!i stOtJp volume êquaJ to or ¡reater tmm t!Ie tw:IOffftom . a .1'$.111.= itó= over the,!lUý wto...:"ui! þOlllrill11_ draiz:a¡e aIQ. This SI3I1dard Ii1:eJy w,iJ1 resuk In a. ~ lugU:Dd!ø~. dee.P bufD..~"ft;Y\fœdevdapmeDt of uite d!ftiwlt. 2. A length to width. of3: 1. This ~ result in difficulÍy in p]p";"g a pOJ:ld III. a feasible toc:atio.D onsite. .... : . . . . . " '. 3. J¡¡¡j!aaIioD practices capab.le ofmmtœmro,;S.ÎDCheS over the ~ous pottiDI1 of the conm'butlng drainaec'ma, It ¡'Dot'c1ea:rwha~cfFects this staIIc\azd uIay have 011. a . >. n:developh!¡¡ F~~. ~'J"I[",a;TJl~ tg.c:DSII1'II prqJ!er~OII. is aeœcen¡ of the City ofBloO!UÎllgtoQ $ud¡ a ~ Ioc:&ti!d on private property. -- .---........... ......~ . 4, Tho flood ¡tora¡e OUtler is to be mid so as to limit the peak dfscha:rse rate for the 100- K- year fteq\llDey, tùlly wbuizcd ctiliœl dmalion Ito=, to tile co~ pe.tc dísclwge raw ft1: the 10!J.icar !requeœy, mt!>urblll.mlicaJ duratiosa SCOJm. It is.!cJt!bat \.... . the majcnitt ot;sites c:um:ntly exisdAg in B~II. would JIOC k œpabl~ of satisfying ~ this requ!temeøt S;mœ they are tùIJy deŸeloped today. This t1:I¡.Ui:rcment alone mar . ./ preclude~meut: .' Oapu1lntlll& Of PubUc WDric$ EninMrlnll OM8lon S7SO Jam.. AvellU.. SouIII An ""'_lie AcIIon/lqull O,,,,r1uniG.. Employer 1"110_ lCi12) '...,.70 Fax; (112) Ua.:¡818 FEe 1:11 :æœl!! 13: eø Pt1Œ,0Z FEE 10 2ØOO 11:23 FR BARR ENGItEERl1-D 612 832 2601 TO 99375739 Fa 01 æee 15:03 FR ]~ eGI1eR11-D 612 B32 2601 TO . '1:56959 . FEB-e1-æœ 13'09 CITY OF ILŒJ'1IHGTCH P.Ø6/10 P .eJ/æ P. El:Ye3 . . . . s, The ~e:a<!"" 4e=1Ïo.I1 &totap rcquircm=t ofa vo!wJe equa110 or erca= tha the NDOtfpoduc:cd &om a 2.3.mch I'IIf:DmII even& (tVt: the 1Wly-urb:aúzad conttìbulfD¡ dnInap mea _ the eèeDded dotctiOA out1ct _ to allowdlscbarse uver 12 bou:s. 'IbIs, In addIdon to the prerious I!BudIrds seems to ÜØJIl1 a site by site appzoa¡:h !bat may be !Ita=, served by angloua1 çproach. ~ Cfty wowdllke ID cxpmss twoaddi1i9JISI suwmoarc~ the eauaI imp1~OA o£ a project. 'Ihe raUoWÍl!l express these sugpsfÎóD$: Two ~oœ11tcma ofaolllDUlllt: 1.. IDspecIiou Pees: It it QIC4ù:d tbQ the II:1IIaI c:ost offieIcl iDspeçIfan bo ~ with a "'''''i!mmI. cost of the propD8ed $600 -.5J'OO - $3000 dtpcu..r~upon pIOj= sizc.. Prea=tl)' ~lcdpröJCGII witbfnBI~publ1o~clpñll8te, a:e ~ by city sWffar ~ to _epproveci~ dzaJDap me! erosiQz¡CQQIrOI plan for the sito. The Qy wOuIá pmer to œ billed fo;rtht &=aI1i~d Inspeetion cost. . 2, Pcdo¡:manç" BOI1ds: A Jetter of credit or ca~i~ Gheck are aItamatives that could be used. ~A;"g UpOD theca.øbåCtÒr. tal pñWlte proJe«s. For pabUc projects . Bloomington zcquim thac contractors worJdDg OI1'eity PNjecll be boDdec! and ~cd. Requiring a bond be Jied 'with 1hc Watmhod mmiat would =U¡~ ia dupl1¡;al!on.. As a ncarJy ~ developed C!"~-'ftÏty B100mïøpll is proceediøg with &zagionaJ approaçl¡ to wat.:¡- qumli1;y and qllaIfty, May of1llð -""'''11 public pcmds ad WBtIanc\$ wfth!ø BlooØlÜ!¡ttm under tile jurisdic:dou of the RPBCWD have bocI1 dalaure4 u d6fa¡1iol1 01' qlllriellt ÞaUlleaf po¡¡ds lit the BlgnM;!l&ton Wetlaud Protection aI1d ~ Plan ap,proved in 1997 by the various a¡eø.cÍC$. Bloo=iø¡tòø would lib to request the flex¡'hi1itr to IJ!ili;æ the cås!ÍDB ponds as deslgJlllted. using & rcgfonallpproaeh. Thank )'QuiD.IdVIIDCC fbryour COlISideraliOA of tho City ofBloo~I1's CO.ll~. EJease contact rim Gates or ShcJ1)' Pederson at 948.3810 tor diswssion or c:llrifiœtiOIl. ofw City", ""DCCrDs. Sinecrely, Charl= Ho¡¡çhe]J Director o£PubUê: Worb COmJnl!tll¡ - RPBCWD . Page 2 Fe¡ Ell 2eeEl 1::1' 00 roTFl. P.B3 I"FG!.e3 ** TOTAL. ProË, 1213 *)( t ~ , j ï FEE 10 2ØOO 11'24 FR BARR ENGINEERING FE& 02 2I~ 1!S:..1 FF: ¡~ EIoÇtNEERIH3 ~~~ ~¡ '~d .U1.' u.~-ø~~· 612 832 2601 TO 99375739 .~g.~.~1_'N ~959 P.Ø7/1B r".~'~ I City of Eden PrairIe t~~ City 0If1CO t<.~ ~e 80BO MJlehtl' Road' Eden Prairie'. MN 6534404485 I cra. () '\ phone (612) 1148-1300' TDD (6121 94g.113S9· Fax (612) 949-8390 ,~ www.edenpralrle.or; io.~ç; - ~\~c:.' Fellnwy 1,2000 Mr. R.ob«\ C. o\¡cnneyer Barr ED¡ÏGcoriBs 4100 West 77* Street Minneapolis, MN SS4~S RB: Riley Purgatar)' BlllffCreek Wmnhed District Proposed Rules Dear Mr, Obenneyer. Eden Prairie staff'requests additional tinu: ane! District staff wlstance In rmlN of propo5t:d rules prior 10 thejr adoption. We currcn!ly h&vc sevua.l conc:cms we are unable 10 evalut1e VJÌthOut your tssistutce. Th=e con;crns are as follows: · We are unable to visuaIbo the impsct otthe proposed rWeJ on typical rc:#dcnlial commercial or iDdustrial devdopmt:llU. · We are con=ncd \hit MW rules roa)' result in decreased densitica te~linlli In the utilWlion of a4diüonalland for lItban elCfUon. · We ba.ve 110 cIau regvdi\1& maintenance co$lS. · We atc concerued that InfilualÏolI sites may result In increased use of e/IenIlcal postiçielC$ in 0\11' \lrban env!ronmenta. :Eden Prairie sWrwould welcome addilÎonal infonnation ftom pi$Uict stúfto anbt our evaluation l1l'i<1 unduttandin¡ of tile propQsed rules, q¿AiI Alan D. Gray. P.E. City Ensincet ADG:$$& Dsk: AG.RlIc:y PurgalOI)' Bluff1Wles * f\1C)"1aÞI. hIor FES 01 2300 16:19 61:i! 949 932Ei PAGI!.I!IL "* Tor¡:u. PAGE.Ø2 ,." {~~'i;<!0.,:: . _ -<.~ __, ~,: ·r,t~J'·;~.';:· Mayor and êôunêlí 'Mëlìibers ¡City.of Chanhassen..< Attn:' Karen . '. (;60 -City Center Drive 1P:O. Box 147 Chanhassen, MN 55317 " Re: RileyPurgatory Bluff Creek Watershed District Dear Mayor and Council: Enclosed for review and comment are the Statement of Need and Reasonableness . .and the Proposed Rules of the Riley-Bluff Creek Watershed District. The Board of Managers is forwarding this information so that you or your staff can comment and 'advise the Board of Managers before and at a public hearing on adoption of the rules. The Board of Managers appreciates your consideration of this matter. The Board of Managers would like to conduct the public hearing on January 5 or February 2, 2000, preferably the earlier date. If you require any additional information, please contact the Chief Engineer, Robert C. Obermeyer at (612) 832-2857 or the Legal Advisor, Paul R. Haik at (612) 333- 7400. Sincerely, . .. RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT .r-- \ ~,(- . BY: ( ~-""''-'~~-~'''IdM.. Conrad Fiskness . President Enc10sure (1) œ: Director of Public Works Board of Managers: l-I/')w.%JrriPøfø~n" Po....., c:"'........... ""__w_-' r-:_'._ _ __ ... , .,...., I Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14,1999 PROPOSED RULES OF THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department ofNalural Resources DECEMBER 14,1999 TABLE OF CONTENTS SECTION 1. {AUTHORITY. .....................................................................................................1 SECTION 2. (PURPOSE.) ...........................................................................................................2 SUBDIVISION I. [GENERAL.] ........................................................................................................ 2 SUBDIVISION 2. [OTHER STANDARDS.] ........... ......................... ............. ............. .......................... 2 SECTION 3. [PRE-EXISTING RIGHTS.)..................................................................................3 SECTION 4. {NON-CONFORMING USES.)..............................................................................4 SECTION 5. (APPLICABILITY .).....................................................................................,......... S SUBDIVISION I. [LOCAL GOVERNMENT RESPONSIBILITy.].............................................5 SUBDIVISION 2. [WORK IN WATER AREAS.]........................................................................5 SUBDIVISION 3. [GRADING AND LAND ALTERATION.) .....................................................5 SUBDIVISION 4. [FLOODPLAIN REGULATION.] ................. ........... ......... ............ .................. 5 SUBDIVISION 5. [APPROPRIATION OF WATERS.] ................................................................6 SUBDIVISION 6. [DISCHARGE OF WATERS.] ........................................................................6 SECTION 6. [DEFINITIONS.] .................................................................................................... 7 SUBDIVISION 1. [APPLICATION.] ...........................................................................................7 . SUBDIVISION 2. [100- YEAR FREQUENCY.] ...........................................................................7 SUBDIVISION 3. [BANK·FULL.] ...................... ..................... ............... ............ ........................ 7 SUBDIVISION 4. [CAPABLE OF INFIL TRATING.].................................................................. 7 SUBDIVISION 5. [CONTRIBUTING DRAINAGE .AREA.]....................................................... 7 SUBDIVISION 6. [CRITICAL DURATION STORM.]................................................................7 SUBDIVISION 7. [DEAD STORAGE.] .......................................................................................8 SUBDIVISION 8. [DETENTION BASIN.] ..................................................................................8 SUBDIVISION 9. [EMERGENCY SPILL WAY.] ........................................................................8 SUBDIVISION 10. [EXTENDED DETENTION OUTLET.]........................................................8 SUBDIVISION 11. [EXTENDED DETENTION STORAGE.] .....................................................8 SUBDIVISION 12. [FLOOD CONTROL CRITERIA.] ................................................................8 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 SUBDIVISION 13. [FLOOD STORAGE.] ...................................................................................9 SUBDIVISION 14. [FLOOD STORAGE OUTLET.] ...................................................................9 SUBDIVISION 15 . [FULLY-URBANIZED.] .............................. .................. ............................... 9 SUBDIVISION 16. [INFILTRATION PRACTICES.] ..................................................................9 SUBDIVISION 17. [PEAK DISCHARGE RATES.]..................................................................... 9 SUBDIVISION 18 . [PRE-URBAN.] ....................................................... ...... .................. .............. 9 SECTION 7. [ENVIRONMENTAL REVIEW.........................................................................10 SUBDIVISION 1. [APPLICATION.] ...... ............ ......... ................... ........ ........ ......... .................. 10 SUBDIVISION 2. [PREPARATION.] ......... ........... .......... .......... ......... ................ ............. .......... 10 SUBDIVISION 3. [REVIEW.] ................................................................................................... II SUBDIVISION 4. [DECISION.] ................................................................................................ I I SECTION 8. [APPLlCA TlON REQUlREMENTS.................................................................12 SUBDIVISION I. [APPLICATION.] ........................................................................................... 12 SUBDIVISION 2. [FEES.] ..... ...... ............ ............. ........ ......... ....... ....... ........ ....... ............... ........ 13 SUBDIVISION 3. [PERFORMANCE BONDS.] ........................................................................13 SECTION 9. [ADMINISTRATIVE PROCEDURE.]................................................................ 14 SUBDIVISION 1. [DEADLINE FOR RESPONSE.]...................................................................14 SUBDIVISION 2. [APPLICATION; EXTENSiONS.]................................................................14 SECTION 10. [CONDITIONS.] ................................................................................................16 SUBDIVISION 1. [DURATION OF PERMITS.] .......................................................................16 SUBDIVISION 2. [RESTRICTIVE DEED COVENANTS.]....................................................... I 6 SUBDIVISION 3. [CERTIFICATION OF COMPLIANCE.] ......................................................16 SUBDIVISION 4. [GENERAL CONDITIONS.] ........................................................................16 SUBDIVISION 5. [SPECIAL CONDITIONS.] ..........................................................................19 [Minimum Standards For Land Alteration.] ..........................................................................19 [Minimum Treatment of Discharges.] ........ ......... .......... ......... ....... ........ ............ ............. .... .... 19 [Additional Treatment of Discharges.] .................................................................................. 21 [Maintenance of Detelllion Basins and Infiltration Practices.}.............................................. 21 II Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14,1999 SUBDIVISION 6. [ALTERNATIVE AND EXPERIMENTAL SYSTEMS.] ..............................21 SUBDIVISION 7. [EXEMPTION FROM INFILTRATION PRACTICES].................................23 SECTION II. [VARIANCES...................................................................................................24 SECTION 12. [APPEAL...........................................................................................................25 SECTION 13. [PUBLICATION AND RECORDING.) ............................................................26 SECTION 14. [CERTIFICATION OF SECRETARY.] ...........................................................27 iii ~ Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Section 1. [AUTHORITY.] 2 The order establishing the Riley-Purgatory-Bluff Creek Water District specifically provides that it 3 shall have all authority, powers and duties provided by law. 4 Among the specific purposes for establishing the District are the purposes: 5 . to regulate the flow of streams and conserve the streams' water, Minn. Stat. §103D.201 6 Subd. 2(5); 7 . to regulate the use of streams, ditches, or watercourses to dispose of waste, Minn. Stat. 8 §103D.201 Subd. 2(8); 9 . to control or alleviate soil erosion and siltation of watercourses or water basins, Minn. Stat. 10 §103D.201 Subd. 2(10); and, 11 . to protect or enhance the water quality in watercourses or water basins, Minn. Stat. § 103D.20 I 12 Subd.2(13). 13 To implement the Watershed Law, the Board of Managers may use their powers to regulate the flow 14 of streams and to regulate the use of streams, ditches, or watercourses to dispose of waste and IS prevent pollution. Minn. Stat. §§103D.335 Subd. 10, and 103D.335 Subd. 16. 16 The Board of Managers must adopt rules to accomplish the purposes of the Watershed Law and to 17 implement the powers of the managers. Minn. Stat. § 103D.341 Subd. I. The Board of Managers 18 possesses the power to issue permits. Minn. Stat. § 103D.345 Subd. I. 19 The Board of Managers possesses the power to perfonn all acts expressly authorized, and all other 20 acts necessary and proper for the watershed district to carry out and exercise the powers expressly 21 vested in it. Minn. Stat. §103D.335 Subd. 1(5). 22 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Section 2. [PURPOSE.] 1 Subdivision 1. [General.] 3 The Minnesota Watershed Act permits the development of an integrated program for the use of 4 water. The Legislature broadly declared the purpose of the Watershed Law to be "the protection of S the public health and welfare and the provident use of the natural resources" of the state. Minn. 6 Stat §103D.201. The general and specific purposes of the Watershed Law provide for the 7 establishment of a multiple-purpose watershed district in order to develop and manage unifonn and 8 integrated programs of water use. 9 To the extent that the pollution is caused by factors that a watershed district may alleviate, the 10 watershed district may exercise its authority by regulating to prevent that pollution. The Minnesota 11 Watershed Act represents a solution that the Legislatures developed to deal with the complex 12 problems of water conservation and use. 13 The policies and goals of the Board of Managers with respect to the purposes and powers of the 14 District are contained in its water management plan, as adopted and amended. 15 Subdivision 2. [Other Standards.] 16· Nothing in these Rules shall relieve any person from any obligations or duties imposed by any other 17 laws, statutes, rules, standards, or ordinances of the federal, state, or local governments or any 18 agency or political subdivision now in effect or which become effective in the future. 19 In the event these Rules conflict with any such laws, statutes, rules, standards, or ordinances, the 20 more stringent shall apply. Nothing in these Rules shall be construed to require any person to 21 comply with any portion of these Rules if preempted by federal or state law. 22 2 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Section 3. [PRE-EXISTING RIGHTS.] 2 The rights of private or corporate landowners to use the waters of the watershed district for any 3 purpose shall continue, as the rights existed at the time of the organization of the watershed district. 4 3 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Section 4. [NON-CONFORMING USES.] 2 A use, appropriation, discharge or other regulated conduct which was lawful before the adoption or 3 amendment of these Rules but which is not in conformity with the provisions of these Rules may be 4 continued subject to the following conditions: 5 1. No such use, appropriation, discharge, or other regulated conduct shall be expanded, 6 changed, enlarged, or altered in a way which increases its nonconformity. 7 2. No alteration, addition, or repair to any nonconfonning use shall disturb more than 50 8 percent of the site or more than one acre of land, unless the site is permanently changed to a <) conforming use. 10 3. If such use, appropriation, discharge or other regulated conduct is discontinued for 12 11 consecutive months, any future us.-, appropriation, discharge, or other regulated conduct 12 shall conform to these regulations. 13 4. If any nonconfonning use, appropriation, discharge or other regulated conduct is 14 destroyed or damaged by any means, including floods, to an extent that requires repairs or 15 reconstruction which will disturb more than 50 percent of the site or more than one acre of 16 land, it shall not be reconstructed except in conformance with these Rules. 17 4 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Nalural Resources DECEMBER 14, 1999 1 Section 5. [APPLICABILITY.] 2 Subdivision 1. [LOCAL GOVERNMENT RESPONSIBILITY.] 3 Copies of existing or proposed municipal ordinances relating to land alteration, surface water 4 drainage, floodplains, and shorelands shall be filed with the Board of Managers. 5 Subdivision 2. [WORK IN WATER AREAS.] 6 In instances where a permit is not required from the Department of Natural Resources, a written 7 pennit must be secured from the District before any alteration is made in the bed, banks, or 8 floodplain of lakes, permanent watercourses or marshes within the District. 9 Subdivision 3. [GRADING AND LAND ALTERATION.] 10 A grading and land alteration permit must be obtained from the District prior to the start of any II grading, filling or other land alteration that exposes soils from: 12 1. More than one·half acre of land. 13 2. Any lands which may reasonably be expected to introduce sediment into public waters 14 within the District, provided that no permit shall be required from the District for regular 15 agricultural land use 16 3. Any lands that have areas with slopes greater than 3: I. 17 4. Any lands that contain wetlands or public waters wetlands or are part of a regional 18 floodplain. 19 Subdivision 4. [FLOODPLAIN REGULATION.] 20 All development plans which are in or abut the floodplain of Riley, Purgatory, or Bluff creeks, and 21 other public waters of the District shall be submitted to the Board of Managers for review, at the 22 same time such development plans are initially submitted to the municipalities. 5 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Subdivision 5. [APPROPRIATION OF WATERS.] 2 In all cases of appropriation of water requiring a permit from any state agency a copy of the water 3 appropriation permit application must be filed with the Watershed District. The pennit application 4 shall include the maximum yearly withdrawal and use for such waters. Withdrawals of surface S waters not requiring a permit from any state agency must receive a pennit from the Watershed 6 District. 7 Subdivision 6. [DISCHARGE OF WATERS,] 8 The Board of Managers require the submission of plans and specifications for all projects which 9 discharge waters into public waters within the Watershed District. This includes stonn sewer 10 systems, lake augmentation facilities, and municipal and industrial wastewater discharge facilities. 11 All such discharges must receive a pennit from the Watershed District. 12 6 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Section 6. [DEFINITIONS.] 2 Subdivision 1. [APPLICATION.] 3 The definitions in this section apply to sections 8 to 12. 4 Subdivision 2. [100-YEAR FREQUENCY.] 5 "100-Year Frequency" means that on average, a specific stonn event has a one percent recurrence 6 probability. 7 Subdivision 3. [BANK-FULL.] 8 "Bank-full" means the rate of water flow that completely fills a stream channel to the top of its 9 lowest bank; in an undeveloped watershed this flow typically occurs every 1.5 to 1.8 years, while in 10 a developed watershed it typically occurs every 0.9 to 1.2 years, 11 Subdivision 4. [CAPABLE OF INFILTRATING.] 12 "Capable of Infiltrating" means an 1NFIL TRA TION PRACTICE is can infiltrate a volume of 13 0.75 inches over the impervious area of the CONTRIBUTING DRAINAGE AREA to be served by 14 the practice in less than 72 hours. 15 Subdivision 5. [CONTRIBUTING DRAINAGE AREA.] 16 ·Contributing Drainage Area" means the land area which drains to a given location. 17 Subdivision 6. [CRITICAL DURATION STORM.] 18 "Critical Duration Storm" means a stonn that, for a given return frequency, produces the largest 19 Flood Storage volume at a location of interest. 7 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Subdivision 7. [DEAD STORAGE.] 2 "Dead Storage" means the volume of a pond that is below the elevation of the lowest outlet of the J pond. 4 Subdivision 8. [DETENTION BASIN.] 5 "Detention Basin" means a depression that receives storm water runoff and releases it at a 6 controlled flow rate. 7 Subdivision 9. [EMERGENCY SPillWAY,] 8 "Emergency Spillway" means the outlet from a detention basin that is provided to accommodate 9 discharge rates that exceed the discharge rate for the one percent, critical duration storm event. 10 Subdivision 1 O. [EXTENDED DETENTION OUTLET.] 11 "'Extended Detention Outlet" means the outlet from a detention basin that is sized in manner that 12 causes the EXTENDED DETENTION STORAGE volume to be released over a period of 72 hours. 13 Subdivision 11. [EXTENDED DETENTION STORAGE.] 14 "Extended Detention Storage" means the volume required to regulate the frequency of BANK- 15 FULL flow and which is between the DEAD STORAGE and the FLOOD STORAGE and regulated 16 by the EXTENDED DETENTION OUTLET. 17 Subdivision 12.[FlOOD CONTROL CRITERIA.] 18 "Flood Control Criteria" means the rules that must be met for controlling the rate, volume, and 19 duration of stonn water runoff from a developed site. 8 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Subdivision 13. [FLOOD STORAGE.] 2 "Flood Storage" means the volume of a pond that is above elevation of the FLOOD STORAGE 3 OUTLET. 4 Subdivision 14. [FLOOD STORAGE OUTLET.] 5 "Flood Storage Outlet" means the outlet from a DETENTION BASIN that controls the PEAK 6 DISCHARGE RATE to the maximum rate allowed for the design flood (typically the rate produced 7 by runoff from the 100-YEAR FREQUENCY CRITICAL DURATION STORM occurring over the 8 undeveloped watershed). The FLOOD STORAGE OUTLET is above the EXTENDED 9 DETENTION OUTLET. 10 Subdivision 15. [FULLY-URBANIZED.] II "Fully·urbanized" means all land is assumed developed in accord with applicable metropolitan and 12 municipal land use plans, including expected future land uses including urban reserves. 13 Subdivision 16. [INFILTRATION PRACTICES.] 14 "Infiltration Practices" means those practices that encourage the downward movement of water 15 from the surface to the subsoil. 16 Subdivision 17. [PEAK DISCHARGE RATES.] 17 "Peak Discharge Rates" means the maximum instantaneous rate of flow during a stonn, usually in 18 reference to a specific design stonn event. 19 Subdivision 18. [PRE-URBAN.] 20 "Pre-urban" means all land in the watershed is assumed to contain only pervious surfaces and 21 existing watercourse crossings. 22 9 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Section 7. [ENVIRONMENTAL REVIEW.] 2 Subdivision 1. [APPLICATION.] 3 This ordinance shall apply to all projects that: 4 1. Are consistent with any applicable comprehensive plan; and 5 2. Do not require a state pennit; and 6 3. The Board of Managers detennines that, because of the nature or location of the project, the 7 project may have the potential for significant environmental effects; or 8 4. Are listed in. a mandatory Environmental Assessment Worksheet (EA W) or Environmental 9 Impact Statement (EIS) category of the state environmental review program, Minnesota 10 Rules, parts 4410.4300 and 4410.4400, one copy of which is on file with the Watershed II District Board of Managers. 12 This ordinance shall not apply to projects that are exempted from environmental review by 13 Minnesota Rules, part 4410.4600 or to projects that the Board of Managers detennines are so 14 complex or have potential environmental effects that are so significant that review should be 15 completed under the state environmental review program, Minnesota Rules, parts 4410.0200 to 16 4410.6500. 17 Subdivision 2. [PREPARATION.] 18 Prior to, or together with, any application for a pennit or other fonn of approval for a project, the 19 proposer of the project shall prepare an analysis of the project's environmental effects, reasonable 20 alternatives to the project and measures for mitigating the adverse environmental effects. The 21 analysis should not exceed 25 pages in length. The Board shall review the information in the 22 analysis and determine the adequacy of the document. The Board shall use the standards of the 23 state's environmental review program rules in its determination of adequacy. If the Board 10 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 determines the document is inadequate, it shall return the document to the proposer to correct the 2 inadequacies. 3 Subdivision 3. [REVIEW.] -4 Upon filing the analysis with the Board of Managers, the Board of Managers shall publish notice in 5 a newspaper of general circulation in the District that the analysis is available for review. A copy of 6 the analysis shall be provided to any person upon request. A copy of the analysis shall also be 7 provided to every local governmental unit within which the proposed project would be located and 8 to the Minnesota Environmental Quality Board (EQB). The EQB shall publish notice of the 9 availability of the analysis in the EQB Monitor. Comments on the analysis shall be submitted to 10 the Board within 30 days following the publication of the notice of availability in the EQB Monitor. 11 The Board may hold a public meeting to receive comments on the analysis if it detennines that a 12 meeting is necessary or useful. The meeting may be combined with any other meeting or hearing 13 for a pennit or other approval for the project. Public notice of the meeting to receive comments on 14 the analysis shall be provided at least ten days before the meeting. 15 Subdivision 4. [DECI$ION.] 16 In issuing any permits or granting any oiher required approvals for a project subject to review under 17 this ordinance, the Board shall consider the analysis and the comments received on it. The Board 18 shall, whenever practicable and consistent with other laws, require that mitigation measures 19 identified in the analysis be incorporated in the project's design and construction. 20 II Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Section 8. [APPLICATION REQUIREMENTS.] 2 Subdivision 1. [APPLICATION.] 3 A permit applicant must provide the following infonnation to the Board of Managers before a 4 pennit application will be processed. 5 I) The applicant must submit a permit application, on a form provided by the District, that 6 includes: 7 8 9 10 11 12 2) 13 14 3) 15 4) 16 5) 17 18 19 20 6) a) the applicant's name and address; b) the legal description, the parcel identification number, and street address of the project site; c) the type of permit being requested; d) the requested permit capacity, if applicable; and e) the signature of the developer, if the developer is not also the permit applicant. The applicant must provide the names and addresses of the owners of the property and the developer, if other than the owner. A foreign applicant shall submit a certificate of authority to transact business within the state. The applicant must submit any applicable fee and performance bond. The applicant must submit engineering data, including the minimum treatment of discharges calculation worksheet, and such other infonnation as may be required to detennine the effect that the activities may have on the water resources of the District. Such information should show present and future conditions and the construction or development proposed. The applicant must submit any required environmental review. 21 7) The application must be submitted to: 12 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Riley-Purgatory-Bluff Creek Watershed District 2 c/o Barr Engineering Company 3 4 700 West 77" Street 4 Minneapolis, MN 55435-4803 5 6 8) The District will not take action on any application for a grading and land alteration pennit until 7 the project has received Municipal Planning Commission approval, and a first reading approval 8 of the City Council. 9 Subdivision 2. [FEES.] 10 A person applying for a permit required by the managers must accompany the application with a 11 field inspection fee. The field inspection fee shall for projects of less than ten acres shaH be $600, 12 for projects of ten acres but less than forty acres shaH be $1,500, and for projects greater than or 13 equal to forty acres the fee shall be $3,000. The inspection fee will be used to cover actual costs 14 related to a field inspection. Inspection costs include investigation of the area affected by the 15 pToposed activity, analysis of the proposed activity, services of a consultant, and any required 16 subsequent monitoring of the proposed activity. Costs of monitoring an activity authorized by 17 permit may be charged and coHected as necessary after issuance of the permit. Projects that 18 involve review by the District, as the local government unit resporsible for enforcement of the 19 Wetlands Conservation Act, shaH be charged an additional fee on a time and materials basis. The 20 Permit Application and Field Inspection fees are not charged to the federal government, the state, or 21 a political subdivision. 22 Subdivision 3. [PERFORMANCE BONDS.] 23 An applicant for a permit shaH file a bond with the Board of Managers in an amount set by the 24 Board of Managers and conditioned on performance by the applicant of authorized activities in 25 confonnance with the terms of the pennit. Among other things, the bond shall assure installation, 26 maintenance and removal of sedimentation and erosion controls, including siltation barriers and 27 vegetative cover; construction, maintenance, and restoration of temporary detention basins; 28 construction. maintenance, and restoration of infiltration basins; and monitoring, if required, of any 29 pennitted activity. 13 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Section 9. [ADMINISTRATIVE PROCEDURE.] 2 Subdivision 1. [DEADLINE FOR RESPONSE.] 3 Except as otherwise provided in this section and notwithstanding any other law to the contrary, the 4 Board of Managers must approve or deny within 60 days a written request relating to a pennit 5 application or other action. Failure of the Board of Managers to deny a request within 60 days is 6 approval of the reqllest. If the Board of Managers denies the request, it must state in writing the 7 reasons for the denial at the time that it denies the request. 8 Subdivision 2. [APPLICATION; EXTENSIONS.] 9 The time limit begins upon the Board of Manager's receipt of a written request containing all 10 infonnation required by law or by a previously adopted rule, ordinance, or policy of the agency. If 11 the Board of Managers receives a written request that does not contain all required infonnation, the 12 60-day limit starts over only if the Board of Managers sends notice within ten business days of 13 receipt of the request telling the requester what information is missing. 14 The Board of Managers response meets the 60·day time limit if the Board of Managers can 15 document that the response was sent within 60-days of receipt of the written request. 16 The time limit is extended if a state statute, federal law, or court order requires a process to occur 17 before the Board of Managers acts on the request, and the time periods prescribed in the state 18 statute, federal law, or court order make it impossible to act on the request within 60 days. In cases 19 described in this paragraph, the deadlinc is extended to 60 days aftcr completion of the last process 20 required in thc applicable statute, law, or order. Final approval of an agency receiving a request is 21 not considered a process for purposes of this paragraph. 22 The time limit is extended if: 23 1) a request submitted to a state agency requires prior approval of a federal agency; or 14 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 2) an application submitted to a city, county, town, school district, metropolitan or regional entity, 2 or other political subdivision requires prior approval of a state or federal agency. 3 In cases described in I and 2 immediately above, the deadline for agency action is extended to 4 60 days after the required prior approval is granted. 5 The Board of Managers may extend the time limit before the end of the initial 60-day period by 6 providing written notice of the extension to the applicant. The notification must state the reasons 7 for the extension and its anticipated length, which may not exceed 60 days unless approved by the 8 applicant. 9 , 15 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14,1999 1 Sectio.n 10. [CONDITIONS.] 2 Subdivision 1. [DURATION OF PERMITS.] 3 Unless otherwise noted, a pennit is only valid for one construction season and expires on 4 October 15 of the year it was issued. 5 Subdivision 2. [RESTRICTIVE DEED COVENANTS.] 6 Any restrictive deed covenant shall be filed, though may be recorded with the final plat, and shall 7 provide that the restricted property be left essentially in the state that is stated in the deed or shown 8 on the plat, including as to minimum floor elevations, floodplain encroachments, setbacks, 9 drainage, or other stated condition; and require that additions or modifications will not violate any 10 provisions of the covenants. 11 Subdivision 3. [CERTIFICATION OF COMPLIANCE.] 12 Any required certificate of compliance shall be a certification by a registered professional engineer, 13 land surveyor, or other duly licensed and qualified person that the permit conditions are in 14 compliance with applicable provisions and conditions. 15 Subdivision 4. [GENERAL CONDITIONS.] 16 Unless specifically exempted by statute or rule, each permit is subject to the following general 17 conditions: 18 1) 19 The Board of Managers' issuance of a permit does not release the pennittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the penn it. 20 2\ 2) 22 The Board of Managers' issuance of a pennit does not prevent the future adoption by the Board of Managers of rules, standards, or orders more stringent than those now in existence \6 1 2 3 3) 4 4) 5 6 5) 7 8 9 6) 10 11 12 7) 13 14 15 16 17 8) 18 19 20 9) 21 22 23 10) 24 Submined for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of NalUral Resources DECEMBER 14, 1999 and does not prevent the enforcement of these rules, standards, or orders against the permittee. The permit does not convey a property right or an exclusive privilege. The Board of Managers' issuance of a permit does not obligate the Board of Managers to enforce local laws, rules, or plans beyond that authorized by Minnesota statutes. The permittee shall perform the actions or conduct the activity authorized by the penn it in accordance with the plans and specifications approved by the Board of Managers and in compliance with the conditions of the permit. The permittee shall at all times properly conduct the activity authorized and maintain any required means of treatment and control and the appurtenances related to them which are installed or used by the pennittee to achieve compliance with the conditions of the pennit. The permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document submitted to the Board of Managers or required to be submitted by the pennit. The pennittee shall, immediately upon discovery, report to the Board of Managers an error or omission in any records, reports, plans, or other documents. The permittee shall, when requested by the Board of Managers, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or regarding the conduct of the activity covered by the permit. The managers may enter lands inside or outside the watershed district to make surveys and investigations to accomplish the purposes of the watershed district. The watershed district is liable for actual damages resulting from entry. If the permittee discovers, through any means, including notification by the Board of Managers, that noncompliance with a condition of the permit has occurred, the permittee 17 1 2 3 31) 4 5 6 7 12) 8 9 10 11 12 13) 13 ]4 15 16 14) 17 ]8 19 ]5) 20 21 22 23 24 ]6) 25 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 shall take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting from the noncompliance. If the pennittee discovers that noncompliance with a condition of the pennit has occurred which could endanger human health, public drinking water supplies, or the environment, the permittee shall, within 24 hours of the discovery of the noncompliance, orally notify the Board of Managers and any other required authority. Within five days of the discovery of the noncompliance, the permittee shall submit to the Board of Managers a written description of the noncompliance; the cause of the noncompliance; the exact dates of the period of the noncompliance; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to abate, reduce, eliminate, and prevent reoccurrence of the noncompliance. The permittee shall give advance notice to the commissioner as soon as possible of planned physical alterations or additions to the permitted facility or activity that may result in noncompliance with a Minnesota or federal pollution control statute or rule or a condition of the pennit. The permit is not transferable to any person without the express prior written approval of the Board of Managers. A person to whom the permit has been transferred shall comply. with the conditions of the penn it. The pennit authorizes the pennittee to perfonn the activities described in the pennit under the conditions of the permit. In issuing the pennit, the Board of Managers assumes no responsibility for damage to persons, property, or the environment caused by the activities of the permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under the pennit. To the extent the District or the Board of Managers may be liable for the activities of its agents that liability is explicitly limited to that provided in the Minnesota Tort Claims Act. 18 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Subdivision 5. [SPECIAL CONDITIONS.] 2 ¡Minimum Standards For Land Alteration.] 3 Grading and filling of the natural topography that is not accessory to a permitted activity is not 4 permitted. Grading and filling of the natural topography that is accessory to a pennitted activity 5 shall be performed in a manner that minimizes earth moving, erosion, tree clearing, and the 6 destruction of natural amenities. Grading and filling of the natural topography shall also meet the 7 following standards: 8 I) Minnesota Pollution Control Agency "Prolecting Waler QuaIily in Urban Areas" 1989, as 9 amended. 10 2) The smallest amount of bare ground is exposed for as short a time as feasible; II 3) Temporary ground cover, such as disc mulch, is used and pennanent ground cover, such as seed 12 and disc mulch or sod, is planted; 13 4) Methods to prevent erosion and trap sediment are employed; and 14 5) Fill is stabilized to accepted standards for engineering. 15 IMinimum Treatment of Discharges.] 16 All land alteration activities that require permit must meet the following requirements: 17 DETENTION BASINS, whether on-site or regional in nature, shall be constructed according to the 18 following design criteria: 19 I) The DEAD STORAGE shall be greater than or equal to the runoff from a 2.5-inch stonn over 20 the FULLY-URBANIZED CONTRIBUTING DRAINAGE AREA. 21 2) The average depth of DEAD STORAGE shall be greater than or equal to 4 feet, with a 22 maximum depth of less than or equal to 10 feet. 19 1 3) 2 3. 4) 4 S (; 7 g 5) 9 10 6) 11 12 13 14 ]5 16 17 18 19 7) 20 21 22 23 8) 24 25 26 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 The EMERGENCY SPILL WAY shall be adequate to convey the flows from events in excess of the 100- YEAR FREQUENCY, FULLY-URBANIZED CRITICAL DURATION STORM. Basin side slopes above the normal water level shall be no steeper than 3: 1 and preferably flatter. A basin shelf with a minimum width of 10 feet, at a depth of I foot below the normal water level, shall be provided to enhance wildlife habitat, reduce potential safety hazards, and to improve access for long·tenn maintenance. Side slopes below the bench shall be no steeper than 3: 1. To prevent short-circuiting, the distance between major inlets and the outlet shall be maximized and the pond should have a length to width ratio of 3: I or greater. EXTENDED DETENTION STORAGE shall be incorporated above the DEAD STORAGE described in Item 1. The following criteria shall be met: a) EXTENDED DETENTION STORAGE shall be greater than or equal to the runoff produced by a 2.3-inch rainfall event over the FULLY-URBANIZED CONTRIBUTING DRAINAGE AREA. b) The EXTENDED DETENTION OUTLET shall be sized so as to discharge the EXTENDED DETENTION STORAGE over a period of 72 hours. c) The EXTENDED DETENTION STORAGE shall be considered separately from, and in addition to, the FLOOD STORAGE described in Item 7. The FLOOD STORAGE OUTLET shall be sized so as to limit the PEAK DISCHARGE RATE for the 100-YEAR FREQUENCY, FULLY-URBANIZED CRITICAL DURATION STORM, to the corresponding PEAK DISCHARGE RATE for the 100- YEAR FREQUENCY, PRE-URBAN CRITICAL DURATION STORM. INFlL TRA TION PRACTICES shall be CAP ABLE OF INFIL TRA TING a runoff volume equal to 0.75 inches over the impervious portion of the CONTRIBUTING DRAINAGE AREA. The INFIL TRA TION PRACTICES must infiltrate this volume in 72 hours or less and meet the foJJowing criteria: 20 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 a) A 3-foot minimum separation must be provided between the bottom of the distribution 2 medium and the post·activity seasonally high groundwater elevation or sound bedrock. For 3 fractured bedrock, separations up to 10 feet may be required. 4 b) INFILTRATION PRACTICES shall be designed to minimize lateral flow conditions that 5 could contribute to discharge from DETENTION BASINS or to natural watercourses and to 6 provide access for maintenance. 7 c) The depth of the infiltration area shall be such as to promote the survival of vegetation and 8 be no greater than two feet. 9 '(Additional Treatment of Discharges.] 10 Additional treatment of watershed runoff may be required wherever it has been identified as 1 I necessary to maintain or' to achieve intended beneficial uses of a receiving water body as defined by 12 the Use Attainability Analysis process adopted in the District's Water Management Plan. 13 {Maintenance of Detention Basins and Infiltration Practices.] 14 All DETENTION BASINS and INFILTRATION PRACTICES shall be maintained to sustain their 15 designed efficiency and effect. 16 Subdivision 6. [ALTERNATIVE AND EXPERIMENTAL SYSTEMS.] 17 Alternative systems and experimental systems for runoff management must meet the performance 18 requirements of these rules. They may be employed provided that: 19 2) Reasonable assurance of system perfonnance, comparable to that of the runoff management 20 measures specified in the "Minimum Treatment of Discharges" section of these rules, is 21 presented to the Board of Managers. The use of alternative infiltration rates will be allowed, 22 provided that it meets the following guidelines: 23 a) The alternative infiltration rates must be representative of the average infiltration rate for 24 the final site condition. 21 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters oftbe Department of Natural Resources DECEMBER 14, 1999 1 b) The alternative infiltration rates must be measured in situ according to the standards 2 presented in: 3 i) Annual Book of ASTM Standards, 1997, Section 4, Vol 4.08, Soil and Rock (I): 4 Designation D 3385 - 94, Standard Test Method for Infiltration Rate of Soils in Field 5 Using Double-Ring Infiltrometer, pp 331- 337. b ii) Annual Book of ASTM Standards, 1998, Section 4, Vol 4.09, Soil and Rock (II): 7 Designation D 5093 . 90, Standard Test Method for Field Measurement of Infiltration 8 Rate Using a Double-Ring Infiltrometer with a Sealed-Inner Ring, pp 87 - 92, 9 iii) Johnson, A. I., 1963, A field method for measurement of infiltration, United States 10 Geological Survey, Water-Supply Paper, W 1544-F, p. FI.F27 11 c) The depth of water within the infiItmmeter shall be maintained at the following depths; 12 Hydrologic Soil Type Water Depth (*Incbes) A 18 B 9 C 4 D I 13 d) Alternative standards other than the reference standards must utilize a double ring apparatus 14 and be approved by the District prior to use. 15 e) Proposed alternative infiltration rates must be representative of vertical water infiltration 16 through the soil surface. Values that include lateral flow are unacceptable. 17 I) Values that may not be used as alternative infiltration rates include, but are not limited to, 18 the following: 19 Hydraulic conductivity 20 Saturated hydraulic conductivity 21 Transmissivity 22 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters oftbe Department of Nalural Resources DECEMBER 14,1999 1 Permeability 2 Percolation rate 3 g) The engineering design, certified by a licensed professional engineer, of the system is first 4 approved by the Board of Managers; 5 h) A 3-foot minimum separation is provided between the bottom of the distribution medium 6 and the seasonally high groundwater elevation or sound bedrock. For fractured bedrock, 7 separations up to 10 feet may be required.; 8 i) Treatment and disposal of wastes is completed in a manner that protects the public health 9 and general welfare; 10 j) The system complies with all local codes and ordinances and is subject to periodic 11 inspections by the Board of Managers to assure adherence to specifications; and 12 k) A mitigation plan to the Board of Managers, indicating what will be done if the system fails \J to provide treatment and disposal. 14 Subdivision 7. [EXEMPTION FROM INFILTRATION PRACTICES] 15 Sites comprised exclusively of Type D Soils, as defined by the USDA-SCS, are exempted from 16 the INFILTRATION PRACTICES requirements of these Rules. 17 23 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Nalural Resources DECEMBER 14, 1999 1 Section 11. [VARIANCES.] 2 Unless otherwise prohibited by applicable standards and criteria, the Board of Managers, may, upon 3 application, modify or pennit variance from the minimum standards and criteria and from adopted 4 rules if it is determined that such modification or variance is consistent with the purposes of the 5 District. In allowing any modification or variance, the Board of Managers may, if it deems such 6 action advisable and reasonable in the circumstances, condition modification or variance so as to 7 conserve natural resources of the state using sound scientific principles for the protection of the 8 public health and welfare and the provident use of the natural resources. The applicant for a 9 variance that, in the opinion of the Board of Managers, may result in a material adverse effect on 10 the environment may be requested by the Board of Managers to demonstrate the nature and extent 11 of the effect. The applicant must show that by reason of exceptional circumstances the strict 12 enforcement of these Rules would cause undue hardship and strict confonnity with the standards 13 and criteria would be unreasonable, impractical, and not feasible under the circumstances and that 14 the conduct at issue is consistent with and reasonably required for the protection of the public 15 health, safety, and welfare in light of the state's paramount concern for the protection of its air, 16 water, land and other natural resources from pollution, impainnent, or destruction. Economic 17 considerations alone shall not cQnstitute justification for a modification or variance. 18 No activities may be permitted that are held unsuitable by the Board of Managers for the proposed 19 use because of flooding, inadequate drainage, soil and rock formations with severe limitations for 20 development, severe erosion potential, unfavorable topography, inadequate water supply or sewage 21 disposal capabilities, or any other feature likely to be harmful to the water resources of the District. 22 24 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natura¡ Resources DECEMBER 14, 1999 1 Section 12. [APPEAL.] 2 Any person aggrieved by the adoption or enforcement of these rules, as amended, or by any 3 order of the Board of Managers pursuant to such rules, as amended, may appeal from such actions 4 of the managers in accordance with the appellate procedures and review as provided by Minnesota 5 Statutes, Chapter 103D, as amended. 6 25 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Section 13. [PUBLICATION AND RECORDING.] 2 The Board of Managers shall cause to be published in a legal newspaper, published in the 3 counties of the District, a copy of these Rules, as amended, and as adopted. The Board of Managers 4 shall also file and record a certified copy of the Rules, as amended, in the office of the Register of 5 Deeds of the counties of the District. 6 26 Submitted for Review by The Board of Water and Soil Resources and The Director of Division of Waters of the Department of Natural Resources DECEMBER 14, 1999 1 Section 14. [CERTIFICATION OF SECRETARY.] 2 I, Howard L. Peterson, Secretary of the Riley-Purgatory-Bluff Creek Watershed District, do 3 hereby certify that I have compared the above Rules, as amended, with the original thereof as the 4 same appears on file with the District and find the same to be a true and correct copy of the Rules, 5 as amended, and as adopted by the Board of Managers at their meeting on _ day of 6 2000. 7 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said 8 Watershed District this _ day of ,2000. 9 10 Howard L. Peterson, Secretary 27