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8.1. SR 11-04-2013 /i Elk Request for Action Fiver To Item Number Mayor and City Council 8.1 Agenda Section Meeting Date Prepared by General Business November 4, 2013 Suzanne Fischer,Director, CODD Item Description Reviewed by Surface Water Management Plan and Stormwater Jeremy Barnhart,Deputy Director, CODD Pollution Prevention Program (SWPPP) Justin Femrite, City Engineer Reviewed by Cal Portner, City Administrator Action Requested Accept by motion the Surface Water Management Plan and the SWPPP application. Background/Discussion On November 14, 2011, City Council directed staff to hire a consultant to assess the city's stormwater system and to conduct a feasibility study for a stormwater utility fee. At the April 9, 2012, City Council meeting, staff requested direction on implementation of a stormwater utility fee as the current levy of$50,000 was inadequate to meet permit requirements. Council consensus was to complete the feasibility study and return with a finalized stormwater utility budget. The study was conducted by Stantec and presented at the July 2, 2012, City Council meeting. Annual budget estimates to fund the program with the new permit requirements ranged from $750,000 in 2014 to slightly over$1,000,000 in 2017. Council approved the findings of the report but agreed to wait on any funding action until the permit was actually issued by the MPCA. Staff received approval from City Council at their July 1, 2013, meeting to secure the services of a consultant to prepare the city's surface water management plan and SWPPP application. On August 1, 2013, the MPCA issued the National Discharge Elimination Permit (NPDES) General Pen-nit with the requirement that the city submit their permit by December 1, 2013. The services of WSB &Associates were approved at the August 19, 2013, Council meeting to prepare the surface water management plan and the permit application. WSB will present their findings and recommendations at this meeting. Financial Impact Funding for the Stormwater program will be discussed at the November 18, 2013 work session. Attachments • Draft Surface Water Management Plan • MS4 SWPPP Application for Reauthorization with Comments NW- UR � City E -�er City of Elk River 13065 Orono Parkway Elk River,Minnesota 55330 1 � DRAFT: SEPTEMBER 4013 Surface Water MANAGEMENT PLAN P'f`i Y l W5B Project No. 1992-03 1 - 701 Xenia Avenue South,Suite 300 Minneapolis,MN 55416 WSB Tel:(763)541-4800 • Fax:(763)541-1700 wsbeng.com SURFACE WATER MANAGEMENT PLAN FOR THE CITY OF ELK RIVER, MINNESOTA DRAFT: SEPTEMBER 2013 Prepared By: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763-541-4800 763-541-1700 (Fax) Surface Water Management Plan City of Elk River WSB Project No.1992-030 TITLE CERTIFICATION I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Pete Willenbring, PE Reg. No. Jacob Newhall, PE Reg. No. 49170 Surface Water Management Plan City of Elk River WSB Project No.1992-030 CERTIFICATION TABLE OF CONTENTS Title Page Certification Table of Contents SECTION 1: EXECUTIVE SUMMARY SECTION 2: LAND AND WATER RESOURCE INVENTORY SECTION 3: AGENCY COOPERATION SECTION 4: PROBLEMS AND CORRECTIVE ACTIONS SECTION 5: GOALS AND POLICIES SECTION 6: IMPLEMENTATION PROGRAM LIST OF APPENDICES Appendix A—Figures Figure 1: Location Map Figure 2: Subwatersheds Figure 3: NWI and DNR Waters Map Figure 4: Hydrologic Soils and Infiltration Figure 5: Problem Areas Map Figure 6: FEMA Floodplain Map Figure 7: Water Quality Monitoring Stations Figure 8: Minnesota Land Cover Classification System (MLCCS) Figure 9: Pollutant Sources Map Figure 10: Water Appropriations Appendix B—MS4 SWPPP Application for Reauthorization Appendix C—Stormwater Management, Shoreland, Floodplain, and Wetland Buffer Ordinances Appendix D—Land Use Maps Surface Water Management Plan City of Elk River WSB Project No.1992-030 TABLE OF CONTENTS SECTION 1 1. EXECUTIVE SUMMARY 1.1. Purpose of Surface Water Management Plan The City of Elk River's Surface Water Management Plan (plan, City plan, local plan)generally has the following goals: • Protect,preserve, and use natural surface and groundwater storage and retention systems; • Minimize public capital expenditures needed to correct flooding and water quality problems; • Identify and plan for means to effectively protect and improve surface and groundwater quality; • Establish more uniform local policies and official controls for surface and groundwater management; • Prevent erosion of soil into surface water systems; • Promote groundwater recharge; • Protect and enhance fish and wildlife habitat and water recreational facilities; and • Secure the other benefits associated with the proper management of surface and groundwater. 1.2. Plan Sections The Elk River Surface Water Management Plan is divided into six sections: • Section 1.0 Executive Summary provides background information on the City's stormwater goals and an outline of the plan contents. • Section 2.0 Land and Water Resource Inventory presents information about the topography, geology, groundwater, soils,land use,public utilities,surface waters, hydrologic system and data,and the drainage system. • Section 3.0 Agency Cooperation describes the City's ordinances and other governmental controls and programs that affect water resources. • Section 4.0 Problems and Corrective Actions presents an assessment of the water management related problems within the City of Elk River and identifies possible corrective actions to address each problem. • Section 5.0 Goals and Policies outlines the City's goals and policies pertaining to water management. • Section 6.0 Implementation Program presents the program elements and outlines the responsibilities,priorities,and financial considerations associated with the implementation program. Surface Water Management Plan City of Elk River Section 1 WSB Project No.1992-030 Page-1 SECTION 2 2. LAND AND WATER RESOURCE INVENTORY 2.1. Location The City of Elk River(population 22,974)is located in Sherburne County roughly 34 miles northwest of Minneapolis. It is bordered by the City of Ramsey to the east,the City of Otsego to the south, Big Lake Township to the west, and Livonia Township to the north. U.S. Highways 10 and 169 and State Highway 101 are the three main arterial routes,as well as a station on the Northstar Commuter Rail line to downtown Minneapolis. Refer to Figure 1 for the location of Elk River as it relates to the Minneapolis-St. Paul Metropolitan area. 2.2. Regulatory Environment There are no watershed districts or water management organizations within Elk River and therefore are no regulations on development impacts on water resources that are regulated by such organizations. Land Development Activities within the City are regulated by other organizations including the Minnesota Pollution Control Agency,Minnesota Department of Natural Resources, Minnesota Board of Soil and Water Resources, Sherburne County, and potentially others. 2.3. Topography and Geology Surface water in Elk River generally drains toward the Elk River and ultimately into the Mississippi River.The City of Elk River has 2-foot contour interval topographic maps that cover the entire City and are based on 2011 LIDAR(Light Detection and Ranging)data.This LIDAR data can be further detailed down to half-foot contours.Additional available mapping includes various development plans and the Elk River,Minnesota USGS 10-foot contour interval topographic map. More information is available in the Sherburne County geologic atlas from the Minnesota Geological Survey. 2.4. Climate and Precipitation The climate within Sherburne County is described as a humid continental climate with moderate precipitation,wide daily temperature variations,warm humid summers and cold winters. The total average annual precipitation is approximately 28 inches,of which approximately one-third occurs in the months of June,July, and August. The annual snowfall average is about 45 inches and is equivalent to approximately 5 inches of water. Atlas 14 was published by the National Oceanic and Atmospheric Administration(NOAA)in 2013. Atlas 14 contains recently updated rainfall frequency duration data for Minnesota and the surrounding area. This data replaced Technical Paper 40 JP 40)that was published in 1961. In general,Atlas 14 contains significantly more rainfall data that results in an updated frequency duration and intensity probabilities. Atlas 14 identifies a rainfall event having a 99% chance of occurrence in a 24-hour period is approximately 2.5 inches in the City of Elk River. A rainfall event having a 1%chance of occurrence in a 24-hour period is approximately 7.0 inches. Site specific rainfall recurrence intervals from 1 year to 1000 years and durations from 5 minutes to 60-days can be obtained on the Surface Water Management Plan City of Elk River Section 2 WSB Project No.1992-030 Page-1 SECTION 2 Atlas 14 website as well as additional rainfall data and climatological information for the area http://dipper.nws.noaa.gov/hdsc/pfds/. 2.5. Soils The Elk River Moraine Complex is visible on the islands of till that project through the sand plain of northeast Elk River. More information about soils can be obtained from the Soil Survey of Sherburne County. Refer to Figure 4 for a map illustrating soil types and locations throughout the City. Infiltration capacities of soils affect the amount of direct runoff resulting from rainfall. The higher the infiltration rate for a given soil,the lower the runoff potential. Conversely, soils with low infiltration rates produce high runoff volumes and high peak discharge rates.According to the soil survey,most of the underlying soils in the City of Elk River are classified as Type A soils with high infiltration rates even when thoroughly wetted. These soils consist chiefly of deep, well drained to excessively drained sands and gravel. These soils have a high rate of water transmission,therefore resulting in a low runoff potential. Type A soils as indicated by the soil survey,are found along Highway 10 and 169 corridors spanning the City from east to west and north to south. The soil survey also indicates Type B soils which have moderate infiltration rates consisting of deep moderately well to well drained soils with moderately fine to moderately coarse textures. Type D soils that have a very slow infiltration rates that are typically clay soils with high swelling potential at or near the surface or shallow soils over nearly impervious material.Type B and Type D soils are found mainly along the eastern half of the City with small clusters in the northwestern and western areas of the City. Since the City of Elk River has growth and development opportunities, future land grading is likely to occur within the City. 2.6. Land Use Elk River contains over 25,000 acres,with majority of the developed area located in the southern portion of the City. 58%of the City's existing land use is vacant with 14%rural residential(low density residential). Medium and high density residential land uses comprise roughly 10% of the city's useable land. Commercial development occupies 1%of the City's land area,and industrial land uses occupy 3% of the City's total land area. Parks and open space occupy 7%of the City's total land area. Land use data is an important factor for estimating surface water runoff.The hard or impervious surface areas associated with each land use greatly affect the amount of runoff generated from an area.Future land use projections indicate those areas that may be available for water resource enhancement and where improvements should be a priority. Significant changes in land use can increase runoff due to added impervious surfaces. Refer to Appendix D for the existing and proposed land use figures from the City's Comprehensive Plan. Surface Water Management Plan City of Elk River Section 2 WSB Project No.1992-030 Page-2 SECTION 2 2.7. Public Utilities Elk River is located outside of the Metropolitan Urban Service Area. Both sanitary sewer and subsurface sewage treatment systems are located within the City.Elk River has 8 municipal wells for water supply and distribution as well as numerous individual wells throughout the City. Storm sewers,ditches,curbs,and gutters provide stormwater conveyance for the City. Figure 2 shows the City's stormwater system of pipes,channels, and ponds.Future street maintenance and redevelopment will likely dictate the extension or reconstruction of the storm drainage system. 2.8. Surface Waters Many of Elk River's lakes, streams,and wetlands are protected under the Department of Natural Resources' protected waters program. Refer to Figure 3 in Appendix A for a map of the Public Waters Inventory (MN DNR) and National Wetland Inventory(US Fish and Wildlife). The Department of Natural Resources is the regulatory agency that permits work in public waters. In addition,the Army Corps of Engineers has permitting authority over waters of the United States, which often includes individual lakes, streams, and wetlands. Local Government Units(LGUs)are responsible for administering the rules of the Wetland Conservation Act of 1991 (WCA). The intent of the WCA is to promote no net loss of wetlands. Elk River is the LGU responsible for administering the WCA within the City. 2.8.1. Water Quality Data Water quality data for the City has been obtained from the Minnesota Pollution Control Agency (MPCA)Environmental Data Access site. This database is utilized by participating agencies to compile water quality testing data and is almost entirely used for the storage of water quality parameters. Refer to Figure 7 for many of the water quality monitoring locations within the City of Elk River. Water quality monitoring information/data can be found at the MPCA's Environmental Data Access site at hltp://www.pca.state.mn.us/index.php/water/water-monitoring-and-reporting/water-moni toring-and-reporting.html. 2.8.2. Impaired Waters The MPCA lists the following water bodies located within or near the City as being impaired: • Elk River(ID—07010203-548) from St.Francis River to Orono Lake is listed as impaired by the MPCA due to E-coli and Mercury. • Elk River(ID—07010203-525) from Orono Lake to Mississippi River is listed as impaired by the MPCA due to Mercury. Surface Water Management Plan City of Elk River Section 2 WSB Project No.1992-030 Page-3 SECTION 2 • Tibbets Brook(ID—07010203-522)is listed as impaired by the MPCA due to E-coli. • Upper Orono Lake (ID—71-0013-01)is listed as impaired by the MPCA dues to Nutrients and Mercury. • Lower Orono Lake (ID—71-0013-02)is listed as impaired by the MPCA due to Nutrients and Mercury.A TMDL is reported as approved. • Mississippi River(ID—07010203-510)from Clearwater River to Elk River is listed as impaired by the MPCA due to fecal coliform,fish biology and mercury. • Mississippi River(ID-07010203-503)from Elk River to Crow River is listed as impaired by the MPCA due to PCB in fish tissue and mercury. The locations of these impaired water bodies are shown on the water resource problem areas map,Figure 5,which can be found in Appendix A. The U.S. Environmental Protection Agency approved the Minnesota Statewide Mercury TMDL in 2007. As stormwater point sources account for less than 1%of the mercury (majority is atmospheric),the City has limited ability to contribute to this TMDL. The City will be required to implement the TMDL plans for the other water bodies once complete. More information regarding these impaired waters can be found at http://www.pca.state.mn.us/index.php/water/index.html. 2.8.3. Shoreland The City of Elk River has an adopted Shoreland Overlay District.A copy of this ordinance can be obtained from the City Code portion of the City website by clicking on the following link and searching"shoreland" htlp://Iibraly.municode.com/index.aspx?clientld=I 3427&stateld=23&stateName =Minnesota or obtained at City Hall. This ordinance requires setbacks from shoreland areas, and limits the type of development, amount of impervious, and use of the city's shoreland areas. 2.8.4. Floodplain The City of Elk River has adopted a floodplain management ordinance.A copy of this ordinance can be obtained from the City Code portion of the City website by clicking on the following link and searching "floodplain" htlp://Iibrary.municode.com/index.aspx?clientId=13427&stateId=23&stateName =Minnesota or obtained at City Hall. This ordinance generally regulates developments, land alterations and uses within each of the floodway,flood fringe,and general floodplain districts. Refer to Figure 6 for a map showing the locations of FEMA 100-year floodplains within Surface Water Management Plan City of Elk River Section 2 WSB Project No.1992-030 Page-4 SECTION 2 the City. 2.6.5 Wetland Buffer Ordinance The City of Elk River has also adopted a wetland buffer ordinance.A copy of this ordinance can be obtained from the City Code portion of the City website by clicking on the following link and searching "wetland" htlp://IibraLy.municode.com/index.aspx?clientld=I 3427&stateld=23&stateName =Minnesota or obtained at City Hall. This ordinance requires new development to provide buffers from existing wetlands according to their quality and classification. 2.9. Natural Communities The majority of the City of Elk River has been categorized according to the Minnesota Land Cover Classification System(MLCCS). Figure 8 shows a map of the MLCCS areas that have been classified. 2.10. Groundwater Various agencies are responsible for groundwater management and protection.The DNR regulates groundwater usage rate and volume as part of its charge to conserve and use the waters of the state. For example,suppliers of domestic water to more than 25 people or applicants proposing a use that exceeds 10,000 gallons per day or 1,000,000 gallons per year must obtain a water appropriation permit from the DNR. Refer to Figure 10 for a map showing groundwater appropriations throughout the City. The Minnesota Department of Health(MDH)is the official state agency responsible for addressing all environmental health matters,including groundwater protection.For example,the MDH administers the well abandonment program and regulates installation of new wells. The MPCA administers and enforces laws relating to pollution of the state's waters,including groundwater. The Minnesota Geological Survey provides a complete account of the state's groundwater resources. The groundwater remediation system provides over 97 percent of the City of Elk River's annual water supply. 2.11. Pollutant Sources Refer to Figure 9 for approximate location of possible pollutant sources throughout the City. More information can be obtained by contacting the MPCA or going to www.mpca.state.mn.us and searching"What's in my neighborhood". The MPCA should be contacted for site-specific details. Other potential pollutant sources include industrial,office,commercial,residential and other highly impervious land uses. Stormwater runoff from these land uses could carry pollutants into the stormwater system(nonpoint source pollution),especially if there are direct inlets into the storm sewer system that do not drain first into a stormwater pond. Facilities within these land use types may be covered by a NPDES General Industrial Stormwater Permit,which requires Surface Water Management Plan City of Elk River Section 2 WSB Project No.1992-030 Page-5 SECTION 2 preparation of stormwater pollution prevention plans(SWPPP)to prevent nonpoint source pollution. In addition,the City is part of the MPCA's MS4(Municipal Separate Storm Sewer System)program. Refer to Table 6.1 or the MS4 SWPPP Application for Reauthorization in Appendix B for more information on the City's MS4 program. 2.12. Hydrologic System and Data Figure 2 shows the subwatersheds areas within the City of Elk River.The City has not completed a City-wide hydrologic and hydraulic model. 2.13. Water Resource Problem Areas Water resource problem areas were identified through information obtained from City Staff, residents,and other agencies. Each site was analyzed and potential solutions to address the problems were developed as detailed in Section 4. Refer to Figure 5 for the location of site-specific problem areas. The following is a list of some of the site-specific water resource problem areas within the City: • Contamination from Waste Management Landfill impacting water quality in Rice Lake and Tibbets Brook • Poor stormwater quality from the downtown area, specifically along Jackson Avenue • Flooding issues in Trout Brook neighborhood • High water levels on Elk River from City border to Orono Lake • Water quality in Orono Lake • Future stormwater management related to future development of Commercial Reserve Areas along Highway 169 • Future stormwater management related to future development of mining area 2.14. Flood Insurance Studies The Federal Emergency Management Agency(FEMA)completed the map modernization process for its Flood Insurance Study(FIS)and Flood Insurance Rate Maps(FIRMS)to identify flood risk within Sherburne County in 2011. A copy of the updated FIS and FIRMS can be obtained online at http://deli.dnr.state.mn.us/data_search.html. 2.15. Water Resource Related Agreements The City of Elk River frequently partners with Sherburne County, Sherburne County SWCD, neighboring cities, and others to complete projects with joint benefit. However, as of January 1, 2014,with the exception of water resources permits,the City of Elk River has no ongoing water resource management agreements in place with the other private or governmental agencies. Surface Water Management Plan City of Elk River Section 2 WSB Project No.1992-030 Page-6 SECTION 3 3. AGENCY COOPERATION There are a number of local, state, and federal agencies that have rules and regulations related to water resource management. The City recognizes the roles of these other agencies and will cooperate, coordinate, and when possible partner with these agencies. This Plan is in conformance with but does not restate all other agency rules that are applicable to water resource management. The following agencies deal with or regulate water resources throughout the City: • Minnesota Department of Health www.health.state.mn.us • Minnesota Pollution Control Agency www.pca.state.mn.us • Board of Water and Soil Resources www.bwsr.state.mn.us and the Wetland Conservation Act www.bwsr.state.mn.us/wetlands/wca/index.html • Minnesota Department of Natural Resources www.dnr.state.mn.us • US Army Corps of Engineers www.mvp.usace.army.mi • Minnesota Department of Agriculture www.mda.state.mn.us • US Fish and Wildlife Service www.fws.gov • Sherburne County http://www.co.sherbume.mn.us/ • Sherburne County Soil& Water Conservation District http://www.sherbumeswcd.org/ • Minnesota Environmental Quality Board www.egb.state.mn.us While these other agencies' rules,policies, and guidelines are not all restated in this Plan,they are applicable to projects,programs, and planning within the City. The MPCA Minnesota Stormwater Manual, which is a document intended to be frequently updated, is also incorporated by reference into this Plan and can be found at www.pca.state.nm.us/water/stormwater/stonnwater-manual.html. Surface Water Management Plan City of Elk River Section 3 WSB Project No.1992-030 Page-1 SECTION 4 4. PROBLEMS AND CORRECTIVE ACTIONS Outlined below is an assessment of existing and potential water resource-related problems that are known at this time. These problems have been identified based on an analysis of the land and water resource data collected during the preparation of this plan and through information provided by the City, its residents, and other organizations. A description of any existing or potential problem within the City has been listed and potential future corrective actions have been incorporated into an implementation plan. Refer to Figure 5 in Appendix A for the location of many of the problem areas discussed below. 4.1. Water Quality Problems Problem 4.1.A The City may be contributing to the impairment of the following waters that have been listed as impaired by the MPCA: • Elk River—St.Francis River to Orono Lake (E-coli) • Tibbets Brook(E-coli) • Upper Orono Lake(Nutrients) • Lower Orono Lake (Nutrients) • Mississippi River—Clearwater River to Elk River(Fecal Coliform,Fish Biology) • Mississippi River—Elk River to Crow River(PCB in Fish Tissue) In addition to the impairments listed above,Elk River(from St.Francis River to Mississippi River),Upper and Lower Orono Lake, and the Mississippi River(from Clearwater River to Crow River) are impaired for Mercury. The U.S. Environmental Protection Agency approved the Minnesota Statewide Mercury TMDL in 2007. As stormwater point sources account for less than 1%of the mercury(majority is atmospheric),the City has limited ability to contribute to this TMDL. The City is also located upstream of Lake Pepin, and it will need to comply with the South Metro Mississippi TMDL when complete. Corrective Action 4.1.A The City will work with the MPCA,neighboring communities, and other organizations to address any future impairments and TMDLs as necessary. Problem 4.1.B Contamination that is originating from Waste Management Landfill(which includes municipal solid waste, construction materials, demolition debris)has been identified to be impacting water quality in Rice Lake and Tibbets Brook. This landfill is approved for expansion to the south in width and north into Livonia. Corrective Action 4.1.B As part of any permit for expansion,the landfill will be required to monitor the water quality in Rice Lake and Tibbets Brook and provide any corrective actions that are necessary to address this concern. Problem 4.1.0 Stormwater quality discharged from the downtown area, specifically along Jackson Avenue,has been identified to be of poor quality. Corrective Action 4.1.0 The City will complete a feasibility study to better define and quantify problems identified, outline possible improvement options to provide treatment for improved stormwater quality discharged from Jackson Street and the Downtown area, and implement Surface Water Management Plan City of Elk River Section 4 WSB Project No.01992-030 Page-1 SECTION 4 whatever reasonable and prudent improvements are available as determined by the City Council. 4.2. Flooding and Stormwater Rate Control Concerns Problem 4.2.A The City is aware of flooding issues being present in Trout Brook neighborhood. Corrective Action 4.2.A The City will continue to monitor and better define the issues within this area and complete a feasibility report, if necessary,to further evaluate the existing drainage conditions, quantify the problem, and identify possible improvement options to alleviate the flooding in the Trout Brook neighborhood. Problem 4.2.13 Lack of conveyance capacity in the County Ditch System as a result of the system being under designed and/or not being regularly maintained. Corrective Action 4.2.13 The City will work with the County to implement a long-term maintenance/improvement plan for the County Ditch System. Problem 4.2.0 Property is routinely flooded within the City upstream of Orono Lake when water levels along Elk River are high. Corrective Action 4.2.0 The City will continue to monitor and evaluate the frequency and extent to which this problem is occurring. As a result of this process,the City will determine if a study to identify potential improvements is necessary to alleviate the potential of flooding. 4.3. Impacts of Stormwater Quality on Fish and Wildlife Resources Problem 4.3.A Need to protect and enhance water quality in Orono Lake as it is managed for Fish populations by the DNR and is a valuable wildlife and recreational resource. Corrective Action 4.3.A The City will evaluate opportunities to improve water quality in Orono Lake by implementing BMPs in the Orono Lake subwatershed. Grant opportunities will be pursued to help facilitate improvement projects. 4.4. Adequacy of Existing Regulations and Programs to Address Adverse Impacts on Water Resources Problem 4.4.A Need to update water resource related ordinances. As new information becomes available,updates may be needed in floodplain, shoreland, stormwater management, and other ordinances. Corrective Action 4.4.A The City will continue to enforce and update their ordinances as necessary to verify appropriate controls are in place to achieve their goals. Problem 4.4.13 FEMA mapping has been completed for Sherburne County using TP40 rainfall information which may be out of date now that Atlas 14 has been published. Corrective Action 4.4.13 FEMA has indicated that future map revisions will be completed using Atlas 14 rainfall information. This may result in an increased floodplain footprint and increased flood elevations. The City will work with FEMA and affected property owners to best handle the Surface Water Management Plan City of Elk River Section 4 WSB Project No.01992-030 Page-2 SECTION 4 changes as they occur. Problem 4.4.0 The adequacy of funds to implement existing and future Capital Improvement Programs and related activities. Corrective Action 4.4.0 The implementation program located in Section 6 of this plan outlines the projects and other implementation tasks that are required/needed to actively manage and address water resource issues in the City. The City will incorporate into its annually updated CIP these stormwater projects/tasks and any future projects/tasks that the City feels it has a need for and adequate funds available to implement. 4.5. Impacts of Erosion and Sedimentation on Water Resources Problem 4.5.A The City has difficulty maintaining stormwater ponds in many areas as it lacks easements on older stormwater ponds which results in limited access and ability to perform maintenance activities. Corrective Action 4.5.A The City work with property owners,located adjacent to ponds,to obtain easements for performing maintenance. This will help ensure these stormwater ponds continue to provide the intended treatment and flood protection. 4.6. Impact of Land Use Practices and Development on Water Resource Issues Problem 4.6.A The majority of the City is served by a sanitary sewer collection system that conveys sanitary sewage to a treatment plant; however, there are subsurface sewage treatment systems(SSTS)in operation within the City that may not be performing in conformance with accepted design practices. Corrective Action 4.6.A The City will continue to work with the County to ensure that the SSTS remain in compliance with County regulations and encourage connection to City sewer when feasible. 4.7. Education Program Problem 4.7.A The City must provide a program and the necessary resources to educate the public on proper waste resource management in conformance with the City's MS4 permit. Corrective Action 4.7.A The City of Elk River will continue to provide educational content and opportunities to residents,businesses,developers,and others. These efforts may include handouts and training sessions for developers,regular notices in the City's monthly newsletter, surveys to residents,postings on the City website, and flyers in the utility bill. The City may work the Soil and water conservation district to improve the efficiency of educational efforts and reduce duplication. Problem 4.7.13 For the City to remain in conformance with its MS4 Permit requirements, it must reach out to individual groups to provide information and receive feedback regarding water resources. Corrective Action 4.7.13 The City of Elk River will continue to work with Lake Orono Lake Surface Water Management Plan City of Elk River Section 4 WSB Project No.01992-030 Page-3 SECTION 4 Association,feedlot owners, and others to educate as well as receive feedback regarding current issues. 4.8. Identification of Potential Problems which are Anticipated in the Next 20 Years. Problem 4.8.A Having adequate resources available to fulfill its MS4 inspection and maintenance responsibilities of stormwater infrastructure throughout the City. Corrective Action 4.8.A The City of Elk River is responsible for maintenance of its stormwater system in conformance with the MCPA's MS4 Program. This includes maintenance of pipes, constructed ponds, lakes,wetlands, ditches, swales, and other drainageways. Proper maintenance will ensure that the stormwater system continues to provide the necessary flood control and water quality treatment. The City will fulfill its obligations, but will also enlist others to address their responsibilities for maintaining the stormwater systems under their control. This includes: • MnDOT is responsible for maintaining the storm sewers located along Highway 169 and Highway 10; • Sherburne County is responsible for maintaining storm sewer catch basins, leads in the county roads, and the County ditch system; • Owners of private stormwater facilities are responsible for maintaining their facilities in proper condition, consistent with the original performance design standards. Responsibilities include removal and proper disposal of all settled materials from ponds, sumps,grit chambers,and other devices,including settled solids. The City may inspect private stormwater facilities and notify the owners of needed cleaning and repairs. Problem 4.8.13 Having resources available to complete a prioritized inspection and maintenance program as well as determining the performance of existing stormwater basins throughout the City. Corrective Action 4.8.13 The City of Elk River will develop a pond inspection and maintenance program to prioritize inspection and maintenance activities to use the City's resources in an efficient manner. In addition,the program will estimate the current treatment provided by each basin to determine if the desired amount of treatment is being achieved. This program will help manage TMDL requirements as they arise and help meet the new MS4 permit requirements related to the management of stormwater basins. Problem 4.9.0 Need to reasonably address future stormwater management issues related to the development of Commercial Reserve areas along Highway 169. Corrective Action 4.9.0 The City will develop a stormwater management approach to meet the needs of the City related to commercial and industrial development in this area. Problem 4.9.D Water levels in groundwater aquifers are observed to be lower as a result of increased well pumping and reduced groundwater recharge. If this reduction in static water levels in aquifers continues, it may impact the ability of property owners and the City to secure a plentiful source of water for their use. Corrective Action 4.9.1)The City will investigate opportunities to reduce well pumping and Surface Water Management Plan City of Elk River Section 4 WSB Project No.01992-030 Page-4 SECTION 4 increase groundwater recharge.This may include constructing stormwater reuse systems for irrigation and groundwater recharge. Problem 4.9.E Obtaining adequate revenues to fund stormwater improvements, maintenance, and required MS4 program activities. Corrective Action 4.9.E The City is in progress of establishing a stormwater utility. Once established,the City will regularly review and update the stormwater utility fees and other funding sources to obtain a revenue stream that can reasonably balance stormwater management needs and the financial concerns of its residents. Problem 4.9.F The need to mitigate the impacts, and plan for and restore the water resource, environmental, and habitat related features of the Mining area currently present along Highway 169 which will be in need of restoration in the next 10 to 40 years. Corrective Action 4.9.F Create and implement future development plans to manage stormwater in a way that meets the needs of the City and the development. This will need to consider the previous impacts of the mining activity. 4.9. Availability and Adequacy of Existing Technical Information to Manage Water Resources Problem 4.9.A The City has not completed a City-wide hydrologic and hydraulic model. Corrective Action 4.9.A The City currently does not envision completing a City-wide model in the near future. The City will re-evaluate the need for a City-wide model in the future. Problem 4.9.13 Atlas 14 (updated precipitation probability information)was recently released by NOAA(National Oceanic and Atmospheric Administration) and has increased the amount of rainfall anticipated for many rainfall durations and return frequencies. This may increase anticipated peak flood elevations and discharge rates. Corrective Action 4.9.13 The City will determine the extent at which to Atlas 14 will replace TP-40(existing precipitation probability information). Based on this decision,the City will update its policies, codes, ordinances,and other appropriate documents. Problem 4.9.0 The City has not completed a City-wide wetland classification to assess the quality of all of the wetlands within the City. Corrective Action 4.9.0 The City will investigate completing a City-wide MnRAM(Minnesota Routine Assessment Method)assessment to determine the functions and values of each wetland. Until this City-wide study is complete,the City will continue to perform a MnRAM assessment on a site by site basis as required by development or construction activity that is impacting wetlands. Problem 4.9.D The City has mapped the majority of its storm sewer system,but as new and redevelopment projects are completed the storm sewer GIS database needs to continually be updated. Corrective Action 4.9.D The City will annually update its storm sewer GIS database to incorporate recent projects and associated storm sewer improvements. Surface Water Management Plan City of Elk River Section 4 WSB Project No.01992-030 Page-5 SECTION 5 5. GOALS AND POLICIES The City has developed a number of goals and policies for the management of water resources within the City. The goals and policies of this Plan provide for future development and redevelopment while minimizing surface water problems, enhancing the environment, and complementing county, regional, and state goals and policies. In addition,the goals and policies of this plan have been written to complement City Ordinances, City Design Standards, and the City's SWPPP(Stormwater Pollution Prevention Program)found in Table 6.1. The goals of the City are as follows: • Protect life and property from the dangers associated with flooding; • Protect public and private property from damage resulting from runoff or erosion; • Ensure site design minimizes the generation of stormwater and maximizes pervious areas for stormwater treatment; • Promote regional stormwater management by watershed; • Protect,maintain, and/or restore water quality from nutrients,pathogens, toxics, and debris; • Promote infiltration and groundwater recharge; • Cooperate, collaborate, and partner with other entities to implement this Plan; • Meet the City's MS4 requirements to effectively manage the City's storm sewer system. 5.1.Public Education and Outreach 5.1.].Policies 1. Effectively accomplish the City's MS4 program activities for Public Education and Outreach as outlined in Table 6.1. 5.2.Public Participation and Involvement 5.2.1.Policies 1. Promote and encourage volunteering, resident input, and community involvement through the City's MS4 program activities for Public Participation and Involvement as outlined in Table 6.1. 5.3.Illicit Discharge 5.3.1. Policies 1. Continue to implement and enforce the City's MS4 Illicit Discharge Detection and Elimination(IDDE) program as outlined in Table 6.1 and contained in the City's Stormwater Management Ordinance. Surface Water Management Plan City of Elk River Section 5 WSB Project No.1992-030 Page-1 SECTION 5 2. Any activity subject to an industrial or construction activity NPDES permit shall comply with all provisions of such permit. 5.4.Construction Site Stormwater Runoff 5.4.1.Policies 1. Continue to implement and enforce the City's MS4 construction site stormwater runoff program as outlined in Table 6.1. 2. Any project subject to a construction activity NPDES permit shall comply with all provisions of such permit. 3. Erosion control shall be in accordance with the "The Minnesota Stormwater Manual" as published by the MPCA. 5.5.Post Construction Stormwater Management Post Construction Stormwater Management policies shall be addressed to prevent or reduce water pollution after construction activity is completed, related to new development and redevelopment projects with land disturbance of greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, within the City. 5.5.1.Volume Control Policies 1. Infiltration of 1.1 inches of runoff is required from the net new impervious surface created by development and redevelopment projects. [By complying with this policy, it is expected that there will be a net reduction from pre-project conditions of stormwater volume as required by the NPDES General Permit] 2. Infiltration drawdown must occur within 48 hours of the rainfall event. 3. Infiltration rates should be defined using values published in the Minnesota Stormwater Manual or values identified through on-site testing. 5.5.2.Rate Control Policies 1. Maintain stormwater discharge rates less than or equal to existing conditions for the 50%, 10%, and 1% critical duration rainfall or snowmelt events. Refer to Atlas 14 for appropriate rainfall frequency duration information http://dipper.nws.noaa.gov/hdsc/pfds/. Surface Water Management Plan City of Elk River Section 5 WSB Project No.1992-030 Page-2 SECTION 5 5.5.3.Water Quality Policies 1. By complying with Volume Control Policy 1, it is anticipated that there will be a net reduction from pre-project conditions of total phosphorus and total suspended solids as required by the NPDES General Permit. 2. If infiltration cannot be used to achieve Volume Control Policy 1, the stormwater plan will need to comply with stormwater management requirements outlined in the NPDES construction permit for infiltration/filtration, wet sedimentation basin, or regional ponds. Refer to the MPCA website for more information related to the Construction Permit. http://www.pca.state.mn.us/index.php/water/water-types-and-pro ram ormwater/construction-stormwater/index.html 3. For redevelopment, any stormwater BMPs that are eliminated as a result of the project shall be replaced with new BMPs having similar stormwater treatment capabilities. 5.5.4.Exceptions/Mitigation Policies 1. Infiltration techniques shall be prohibited where the infiltration structural stormwater BMP will receive discharges from, or be constructed in areas: i. Where industrial facilities are not authorize to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit; ii. Where vehicle fueling or maintenance occur, iii. With less than three feet of separation from the bottom of the infiltration system to the elevation of the seasonally saturated soils or top of bedrock; iv. Where high levels of contaminants in soil or groundwater will be mobilized by infiltrating stormwater. 2. Infiltration techniques to achieve post-construction stormwater management requirements shall be restricted without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltration structural stormwater BMP will be constructed in areas: i. With predominately Hydrologic Soil Group C or D (clay) soils; ii. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features; iii. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5 100, subp. 13. iv. Where soil infiltration rates are more than 8.3 inches per hour. 3. For linear projects where the lack of right-of-way precludes the installation of Surface Water Management Plan City of Elk River Section 5 WSB Project No.1992-030 Page-3 SECTION 5 volume control practices or for any project that has a limited ability due to the infiltration constraints listed above to meet the conditions for post-construction stormwater management, the City may allow for lesser volume control on the site if i. It is demonstrated to the maximum extent practicable that volume reduction techniques, other than infiltration (e.g., evapotranspiration, reuse/harvesting, conservation design, green roofs, etc.) on the site of construction that reduces stormwater discharge volume but may not meet the conditions for post construction stormwater management. 4. There may be circumstances where it is unfeasible to meet the conditions for post construction stormwater management for total phosphorus and/or total suspended solids on the site of construction activity. For this purpose the City may allow mitigation projects to be completed. These mitigation activities may be allowed in by the City in the following order of preference: i. Locations that yield benefits to the same receiving water that receives runoff from the original construction site; ii. Locations within the same subwatershed, iii. Locations within an adjacent subwatershed; iv. Other desirable locations within the City. 5.5.5.Maintenance Policies 1. All settled materials from sumps, grit chambers, and other devices, including settled solids, shall be removed and properly disposed of on an annual basis. One to five-year waivers from this requirement may be granted by the city when the owner presents evidence that the facility has additional capacity to remove settled solids in accordance with the original design capacity. 2. Ponds shall be inspected at least once every five years to determine if settled materials should be removed. Settled materials shall be removed and properly disposed of when the pond is no longer functioning at the original design capacity. 3. When requested by the city, a maintenance plan must be provided that defines who will conduct the maintenance, the type of maintenance and the maintenance intervals of a private stormwater facility before the facility is approved. 4. All stormwater facilities must be designed to minimize the need for maintenance, to provide easy vehicle and personnel access for maintenance purposes, and be structurally sound. It shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the facilities for inspection or maintenance. Surface Water Management Plan City of Elk River Section 5 WSB Project No.1992-030 Page-4 SECTION 5 5. The city shall have the right to request and review inspection and maintenance records and shall have the right to perform an inspection of stormwater facilities at any time if the city has probable cause to believe that the facilities are not being properly maintained or inspected. 5.5.6 Freeboard Policies 1. Emergency overflows shall be provided for all street low points and ponding areas. Emergency overflow swales shall be constructed to provide one foot of freeboard between overflow elevations and the lowest opening or floor elevation of any residences or structures used for public, commercial, or industrial purposes. Overflow swales shall be directed along drainage easements. Freeboard shall be calculated based on distance between elevation passing through overflow at 100 year discharge rate and low building opening. This will require more than one foot of separation between bottom of overflow and low building opening. 2. Storm water ponds with outlets shall be sized to detain the 100-year 24-hour recurrence storm event with 1.0-foot freeboard while maintaining outflow requirements. Storm water ponds will be reviewed by the City Engineer on a case-by-case basis. Easements will be required to the high water level as determined. 3. Drainage facilities for major storms (100-year, 24 hour recurrence interval) shall provide at least one feet of freeboard from the high water level to the lowest opening or floor elevation of any residences or structures used for public, commercial, or industrial purposes. 4. Downstream outlet needs to be identified for each ponding area(pipe, overland, pump, etc.). 5.5.7.Landlocked Basin Policies 1. Storm water ponds without outlets shall be sized to hold the greater of 100-year 24-hour, 10-day snow melt or back-to-back 100-year, 24-hour recurrence storm events with 1.0 foot of freeboard. Storm water ponds will be reviewed by the City Engineer on a case-by-case basis. Easements will be required to the high water level as determined. A pumping plan may be required that will define at what elevation water must be pumped from the pond to maintain storage that is anticipated as part of the above analysis. 2. It is the intention of the City to have established outlets and/or overflow routes for all stormwater retention areas within the City. Furthermore, it is intended that outlets and overflows be designed in a manner that mitigates downstream impacts Surface Water Management Plan City of Elk River Section 5 WSB Project No.1992-030 Page-5 SECTION 5 to a maximum extent reasonable, but allows for the implementation of the City's goal to have defined outlets and overflows available for all City stormwater retention areas. 5.5.8.Storm Sewer Policies 1. Trunk storm sewer system shall be designed to accommodate a 100-year critical duration rainfall event. A trunk system shall be defined as the main channel of the stormwater system connecting stormwater storage facilities or serving as an outlet and downstream conveyance system for a stormwater storage facility. 2. Minor drainage facilities shall carry the 10-year recurrence runoff flows. Minor facilities include street gutter capacity, cross-culverts, storm sewers, and swales to the limits of easement and/or right-of-way. 3. The minimum storm sewer size shall be 15 inches in diameter. Twelve-inch diameter storm sewer may be used for catch basin leads. 4. The minimum culvert size shall be 15 inches in diameter. 5. Driveway culverts shall have adequate length to allow 4 horizontal to 1 vertical side slopes for the driveway. 6. Culverts shall be placed at or up to 0.2 feet below the ditch flowline. 7. Culverts located within County or State right-of-way shall be provided with safety aprons and grates with a maximum slope of 6 to 1. Marking posts shall be installed in accordance with the County or Mn/DOT permit. 8. Minimum full flow velocities for storm sewers shall be 2.5 fps. 9. Storm sewer and culvert outlets shall be designed to prevent erosion. Rip-rap and aprons shall be placed to/below normal water level of the receiving body of water. 10. The 100-year high water level shall be labeled on Plans for all wetland and ponding areas. 11. Rear yard inlets shall be reviewed by the City Engineer on a case-by-case basis. 12. Drainage swales shall have a minimum slope of 1.00%. Surface Water Management Plan City of Elk River Section 5 WSB Project No.1992-030 Page-6 SECTION 5 13. Storm manholes shall be designed to provide 0.10-foot drop from inlet to outlet pipe, match 8/1Othpoints of inlet and outlet pipes, or match inlet and outlet pipe crowns. 14. Submerged outlets are generally acceptable provided hydraulic grade line calculations are provided to confirm pipe sizing. Submerged outlets will be reviewed on a case-by-case basis by the City Engineer. 15. The minimum orifice diameter on the pond outlet control structures is 4 inches. 16. Storm drainage analysis shall consider the downstream effects to the limits of the receiving water. Easements shall be obtained/given to the receiving waters. 5.6.Pollution Prevention/Good Housekeeping 5.6.1.Policies 1. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or storm sewer system may occur. This section shall apply to both actual and potential discharges. i. Septic systems must be maintained to prevent failure. ii. No part of any individual septic system requiring on-land or in ground disposal of waste shall be located closer than 150 feet from the ordinary high water level in the case of DNR protected waters, or 25 feet from the wetland boundary in the case of all other water bodies, unless it is proven by the applicant that no effluent will immediately or gradually reach the water bodies because of existing physical characteristics of the site or the system. iii. Recreational vehicle sewage shall be disposed of at a proper sanitary waste facility. Waste should not be discharged in an area where drainage to streets or storm sewer systems may occur. iv. For pools, water shall be allowed to sit seven days without the addition of chlorine to allow for chlorine to evaporate before discharge. 2. Runoff of water from residential property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provisions in city codes. 3. Mobile washing companies (carpet cleaning, mobile vehicle washing, etc.) shall dispose of wastewater to the sanitary sewer. Wastewater shall not be discharged where drainage to streets or storm sewer systems may occur. Surface Water Management Plan City of Elk River Section 5 WSB Project No.1992-030 Page-7 SECTION 5 4. Storage of materials, machinery, and equipment i. Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. ii. Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills, or discharges. 5. Debris and residue shall be removed, as noted below: i. All motor vehicle parking lots and private streets shall be swept, at a minimum of once a year in the spring to remove debris. Such debris shall be collected and properly disposed. ii. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries shall be removed as soon as possible and disposed of properly. Hazardous waste must be disposed of at an appropriate disposal site and shall not be placed in a trash container. 6. The City will explore future opportunities to work with the Minnesota Department of Health and other stakeholders to address source water protection for surface water intake areas. The City has a wellhead protection plan in place to address protection of its wellhead protection areas. 5.7.TMDL 5.7.1.Policies 1. If runoff from a construction site requiring an NPDES Construction Permit discharges within one mile of an impaired water without an approved TMDL or TMDL Waste Load Allocation the permittee shall meet the requirements outlined in the NPDES Permit. 2. If runoff from a construction site requiring an NPDES Construction Permit discharges within one mile of an impaired water for which there is an approved TMDL and TMDL Waste Load Allocation: i. If the TMDL does not identify any specific implementation activities that would apply to the site discharges, the permittee must meet the requirements outlined in the NPDES Permit. ii. If the TMDL identifies specific implementation activities regarding construction stormwater that would apply to the site discharges, the permittee must include the flowing in the SWPPP: Surface Water Management Plan City of Elk River Section 5 WSB Project No.1992-030 Page-8 SECTION 5 1. Identify the receiving water, the areas of the site discharging to it, and the pollutants identified in the TMDL. 2. BMPs identified in the TMDL and any other specific construction stormwater related implementation activities identified in the TMDL. 5.8.Wetlands, Habitat, Wildlife, and Recreation 5.81.Policies 1. City of Elk River is the LGU for the Wetland Conservation Act. The City will continue to enforce the requirements outlined in the Wetland Conservation Act and work with other organizations and entities to protect and enhance wetlands within the City. 2. A minimum 25-foot buffer strip from the delineated boundary of a wetland or ordinary high water level of a stormwater pond is hereby established. 3. A minimum 20-foot setback from wetland buffer strips is hereby established by the city. No structure, principle or accessory, shall be located within this setback. Nature trails, at the city's approval, may be located within the wetland buffer strip setback. Additional standards regarding the wetland buffer strips and setbacks can be found in the City's Wetland Ordinance. Surface Water Management Plan City of Elk River Section 5 WSB Project No.1992-030 Page-9 SECTION 6 6. IMPLEMENTATION PROGRAM 6.1.Implementation Program Components Table 6.1 contains a comprehensive list of the MS4 activities and projects,programs, and studies that make up the City of Elk River's implementation program for the next 10 years (2014 to 2023). The City developed this program by evaluating the requirements in the MS4 permit(see MS4 SWPPP Application for Reauthorization in Appendix B),reviewing existing information(Section 2), identifying potential and existing problems (Section 4), developing goals and policies (Section 5),and then assessing the need for programs, studies or projects. The City estimated total costs, identified possible funding sources, and developed an approximate schedule to complete the implementation activities. It is anticipated these tables will be updated/revised on a yearly basis. 6.2.Implementation Priorities The implementation components listed in Table 6.1 were prioritized to make the best use of available local funding,meet MS4 Permit requirements, address existing water management problems, and prevent future water management problems from occurring.The City's implementation plan reflects its responsibility to protect the public health, safety and general welfare of its citizens by addressing problems and issues that are specific to the City of Elk River. 6.3.Financial Considerations The City of Elk River intends to finance its implementation program using the City's Stormwater Utility. The Stormwater Utility is used to fund maintenance,repairs,capital projects, studies, etc. pertaining to the City's stormwater system. The City may also use general taxes in conjunction with, or in place of, stormwater utility funds for the public education and information programs and other administrative programs. Although not proposed at this time,the City may consider using plan implementation taxes(MN Statutes 10313.241)in the future if the stormwater utility funds are not sufficient to fund the projects. The City will also take advantage of grant or loan programs to offset project costs where appropriate and cost-effective. 6.4.Plan Revision and Amendments The City may need to revise this Plan to keep it current. The City may amend this plan at any time in response to a petition by a resident or business. Written petitions for plan amendments must be submitted to the Director of Public Works. The petition must state the reason for the requested amendment, and provide supporting information for the City to consider the request. The City may reject the petition, delay action on the petition until the next full plan revision, or accept the petition as an urgent issue that requires immediate amendment of the plan. The City of Elk River may also revise/amend the plan in response to City-identified needs. This Plan is intended to be in effect for 10 years. The Plan will be revised/updated at that time, to the extent necessary. 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( � r \ �j\«\\ ^� � \\ � » � � ¥ f ; ; ) » ) &2/ }\\\\\/\ APPENDIX A Figures Surface Water Management Plan City of Elk River WSB Project No.1992-030 APPENDIX A i — — = —— - -----,I -- r 90 • Blue r , SP - saga Hai ] 1 BrB&` eraarom ' _ v � Big Lake f f y BEas e'er I City of Elk River � j -------------------------------- I—so' l �l -- -- ----- J I i Ca I I I I I I I � � � l I r i I i 1 j ; I r � I r i I i I JJ I 21� l� L I j I I _ I I� I 1 I li I ---------------------� I j " weeslr "' ,✓creenveie _ _- ��_ _ I - I I s FIGURE 1:Location Map 1 inch-5 miles A N[� M a°oR� aue SURFACE WATER MANAGEMENT PLAN November _ River November 2013 i i zm II zaTTX avE �,y o asTN�i� _a,' I �`g zz6THavE � � � •� � I zz6RpavE - s '. _ o zzts,"E I 2^9SHeE 3t TTX avE I 15f�cT 2 s7 o o NavE G� ¢ - 212 N 2,fTNq�j• I � ztt TX P E F4' S- Vr+ � TXavE � ° z6TT py 1 + pp OLp GsaX 33 2U+rtH AVE Y - �(�Pft VASE l _ NO Bf- ` > 201ST .—T aHE I, -1ss� �° � P� • z6 yl, z°6fXavE�� —THw VKING BLVD LT 95tNgE y 4 t ��y; 1Ni z.�'a lF flw iy. R ' I pli ,6,+03A�2H _ - r� zw L e. H 5 T B s6„w 1B, - - J m 0 — W yPNV 1B, - Mississippi River ! Y_ v T„ - 16TTH aVE ill E I ENO 'm� l Legend C StmPonds ` '\n Storm Sewer Dayton `Source_Qty of Elk R-,,2013 FIGURE 2:Subwatersheds_ _ _ 1 inch=3,500 tees N °"°^� ^°•�°'°�H�° Mlnnoa.NU 5511& SURFACE WATER MANAGEMENT PLAN 2013 T.e �, -River November 2013 i""M vp° • . o W F b � 5 . k j I ' °vE c III 3T Y �HGOH� �� Y, rs ��` ` I~ •�I - woo o.,_ Wflu7 ,.�p e - �e9e d J 1 h T14 csnH as ' Aic QRO a x L EM]D II I cl �NVe i I � o <. z Oron Y �1165iyfy1 rvT,FR DR I' �5an N^I D+ 4�M aaa �D nVE x zf P ICI icy Ra A a' Rar THnvE I f _ I E Name OHW Upper Orono 871.5' Lower Orono 871.5' F Rice 939.7' Twin 927.1' fRU Eagle 924.5' -- -- F Legend h -DNR Waters , g National Wetland Inventory -Both r Dayton Source:Minnesota DNR,2008&US Fish and W,Idi,fe Service,2003 FIGURE 3:NWI and DNR Waters Map 1 inch=3,500 feet N l °"°^�"re^°•�°'°��° MlnnoareSC NU 5511& SURFACE WATER MANAGEMENT PLANw__� � River November 2013 V !T� i i I � I +' z,aT"AYE w - I 1. o avE I " I � y III"-E off" ING acvo .'°°'19 q�. 5 I ,M _ 1 A'Mai out—I ry a s _ e`araav y .Apt 2 0 rcQ E p T P ,__—_� f •'. ]sTH x O. _let ° Mississippi River Otsego ' NE i I Legend E n-rhsesois havehgh nfitraton ra[�een when m°ou�Nwenea. � -— .>k° ,y. rh�esoa oansis mty of creep,w alaraine�mecssiery aai4ea sa4asa4a flaw a.rnesesois�vea niun ratea watero-aasmiss�, McMoreavtting r a mry runoff potental. u-me.�sas nave moaeate innmaaen rates.rnesesois consist or I creep moaaamrywei mwenarame�soaswan"°asrafery nnem moaera[ery marsemrt�. ', � I C-These.wilsha�e slov infiltratron rates ThaesaS typraltyconsist H of tlayeYffavel ac�yevsard. - D-TM1eeu Ish urysl flUati at Thesesois area�e � typralty tlaY i RM1 M1gh Iirg pot t latwn��hesurta� °saaww Is M r>� a-I. urlan-Thesesals nave Been ffeatty afmaea gaeelopment �..v Ana aeo-ew,enMcomrecma,cst.Ana ficea,ree,mr�m vaiahm Nnoa mesa"a a powenvvmmen�fa pant ffowm. r\�E i Dayton Source:Natural Resources Conservafion Se—(NRCS),2011 M A ua Bewh.9im lm FIGURE 4:Hydrologic Soils and Infiltration 1 inch=3,500 tees 101 N l M, SURFACE WATER MANAGEMENT PLAN River November 2013 ► "� A 4 1 - ASE ' E . i R 'i zzE A rwP, t ,J�E 6 r � 04 2oYNO.'l,}E sr. e r AC Al RIA 'A9�A Vn O^�E' a ru. F 4 uvve, ,ac H Win' 5 �� yI� m usiN E iFR O2-� Orono N�I!' H}_RO � J �A'1kl .AE�F.cF✓ o P`E *� Mlsssslppl lver s, tsego ; E ,>SND Av,E I Legend Impaired Waterbodies ItJI Impairments: Elk River-St Francis R-to Orono Lake(E-coli) Tibbets Brook(E-coli) Upper Orono Lake(Nutrients) Lower Orono Lake(Nutrients) r Mississippi River-Clearwater R.to Elk R-(Fecal ColiForm,Fish Biology) Fm i Mississippi River-Elk R.to Crow R.(PCB in Fish Tissue) F a 9 Water Resource Problem Areas: Contamination from Waste Management Landfill impacting water quality in Rice Lake and Tibbets Brook zQPoor stormwater quality from the downtown area,specifically along Jackson Avenue h! Flooding issues in Trout Brook neighborhood gHigh water levels on Elk River from City border to Orono Lake s Water quality in Orono Lake BFuture stormwater management related to future development of Commercial Reserve Areas along Highway 169 :Dayton Future stormwater management related to future development of mining area Source_Qty of Elk R..,(20132 MPCA(2012) MIM A u�BewM1.9iu 1m FIGURE 5:Problem Areas Map i inch=3,500 feet RWEr SURFACE WATER MANAGEMENT PLAN November 2013 - Y L n ;:_ 11 If I AV i X E 0 °9rti avE 4� # e J.- 3 ,Sy FRR XEXEN. ! HOf - i A4E 0�girt T�:11 Mississippi River .y Otsego ,r I y v lzbn " Ramsey n vE Legend £,I 100 Year Floodplain i Dayton Source_FEMA,2011 FIGURE 6:FEMA Floodplain Map _ 1 inch=3,500 feet N w�sB °"°^�"^°•�°'°��° Ml�noapeSC NU 5511& �. v~�SURFACE WATER MANAGEMENT PLAN��v.�_.�__��w River November 2013 3RD a1A�tzX.k`""i,Ei ^� n,STa 9SHeE GT ' I - �� . hY11.. t z � = nv^os" srr al�•• ssr t y" Z. 9 trF�oTa z,scr 3 y� N A 9y o z 5G.-ST Y Yax xuslN scEN � _..N A,Tsix '�RO� ST &4TMU abEa5 0 xvF`" z L o aTx P� Mississippi River �, s' s.- Otsego CT jjjj av 9y ASE s3 xE>o r s•. " - Ramsey _,sz mi t . Legend Monitoring Type,Owner LAKE,MPCA STREAM,MPCA - i STREAM,USEPA i STREAM,USGS £ C DISCHARGE,NPDES PERMITTEE i Dayton Source_Minresote P011Nion Control Agency(MPCA),2010 rolx a �.a.un.su xs FIGURE 7:Water Quality Monitoring Stations 1;neb=3,500 feet �._. 4 xfer SURFACE WATER MANAGEMENT PLAN November 2013 i i T. ti m i hh f ?' $ - 9 � n 3 1 LN Op91'iAl�i 5 YY+, p N�oft92.--� 922 '—EN a ca 5v w 'rnrtE s; a m orr _ROgp O nv[ N MNI RNp� Leo- R ti ays- o - .� a 175TH Ci s` ills Ramsey j - I ,1 E kL'Y! Legend Planted or Cultivated Vegetation Forests Woodlands Shrublands Herbaceous Vegetation £ \yam Open Water i Dayton c,Ml—s-DNR,2003 FIGURE 8:Minnesota Land Cover Classification System(MLCCS) 1 inch=3,500 feet ♦ "'�'""""""°'�"'"�" MNnoapeSC NU 5541& N VYSB ..:nwN,�-5v�a1'v115m River SUUACL WATLR MANAGLMLNT PLAN November 2013 5e�.� b� 23R 22lwT nVE �� _ t d kit 5 I QP 0 F _ x - e ma _ k T HH § I 1 Mlsslsslppl lver Otsego i Legend ACTIVITY 0 Landfill,Closed 4 t', RaTsey Wastewater Discharger 0 Feedlot • Air Permit 0 Hazardous Waste A Leak Site A Tank Site • Unpermitted Dump Site • Voluntary Investigation&Cleanup • Industrial Stormwater Permit "ice 0 Multiple of above Activities r Dayton Source_Minnesota Pollution Control Agency(MPCA),2012 FIGURE 9:Pollutant Sources Map 1 inch=3,500 feet "'x°^N ^°•��°��° Etk v N(a MI^.oa°o°F�u ,e SURFACE WATER MANAGEMENT PLAN River November 2013 • p°""" _ m 3 z pJF i W w E� - � ,1 dJ � A j do 11 A WW off Al OLO Gs A�� 28+rtH AvE - vASE N J A m �A .d. ... I yR Y v G s d a F2 3w .,.w A ELK HbLSan S..00L ST e c. 1A s, I eusu u �� ! ry _p e4T� fa TH'x F �iROO AYE SS. T <a v dk v E u 2 aT.Pte- o�? Otsego ZN ti �r a •� -- �' Ramsey + t � Legend Industrial Processing Major Crop Irrigation `g `L 0 Non-Crop Irrigation r �� Power Generation . ` ❑ Special Categories OWater Level Maintenance ® Waterworks i i Dayton Source:Mlnnesota NNR,2013 MIM A ua BeuiM1.9im 1m FIGURE 10:Water Appropriations i tneb=3,500 feet ♦ xt,Ter SURFACE WATER MANAGEMENT PLAN November 2013 APPENDIX B MS4 SWPPP Application for Reauthorization Surface Water Management Plan City of Elk River WSB Project No.1992-030 APPENDIX B Minnesota Pollution MS4 SWPPP Application Control Agency 520 Lafayette Road North for Reauthorization 5t.Paul,MN 55155-4194 for the NPDES/SDS General Small Municipal Separate Storm Sewer System (MS4) Permit MNR040000 reissued with an effective date of August 1, 2013 Stormwater Pollution Prevention Program (SWPPP) Document Doc Type: Permit Application Instructions: This application is for authorization to discharge stormwater associated with Municipal Separate Storm Sewer Systems (MS4s)under the National Pollutant Discharge Elimination System/State Disposal System(NPDES/SDS)Permit Program. No fee is required with the submittal of this application. Please refer to"Example"for detailed instructions found on the Minnesota Pollution Control Agency(MPCA)MS4 website at http://www.pca.state.mn.us/ms4. Submittal: This MS4 SWPPP Application for Reauthorization form must be submitted electronically via e-mail to the MPCA at ms4permitprog ram.pca(a)state.mn.us from the person that is duly authorized to certify this form.All questions with an asterisk(*)are required fields.All applications will be returned if required fields are not completed. Questions: Contact Claudia Hochstein at 651-757-2881 or claudia.hochsteinastate.mn.us, Dan Miller at 651-757-2246 or daniel.millera,state.mn.us, or call toll-free at 800-657-3864. General Contact Information (*Required fields) MS4 Owner (with ownership or operational responsibility, or control of the MS4) *MS4 permittee name: City of Elk River *County: Sherburne (city, county, municipality,government agency or other entity) *Mailing address: 13065 Orono Parkway *City: Elk River *State: MN *Zip code: 55330 *Phone(including area code): (763)635-1000 *E-mail: MS4 General contact (with Stormwater Pollution Prevention Program [SWPPP] implementation responsibility) *Last name: Femrite *First name: Justin (department head, MS4 coordinator, consultant, etc.) *Title: City Engineer *Mailing address: 13065 Orono Parkway *City: Elk River *State: MN *Zip code: 55330 *Phone(including area code): (763)635-1051 *E-mail: JFemrite @ElkRiverMN.gov Preparer information (complete if SWPPP application is prepared by a party other than MS4 General contact) Last name: Peters First name: Jeff (department head, MS4 coordinator, consultant,etc.) Title: WSB&Associates Mailing address: 701 Xenia Ave South Suite 300 City: Minneapolis State: MN Zip code: 55416 Phone(including area code): (763)287-7150 E-mail: jpeters @wsbeng.com Verification 1. 1 seek to continue discharging stormwater associated with a small MS4 after the effective date of this Permit, and shall submit this MS4 SWPPP Application for Reauthorization form, in accordance with the schedule in Appendix A, Table 1,with the SWPPP document completed in accordance with the Permit(Part II.D.). ❑ Yes 2. 1 have read and understand the NPDES/SDS MS4 General Permit and certify that we intend to comply with all requirements of the Permit. ❑ Yes www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131 113 Page 1 of 17 Certification (All fields are required) ❑ Yes-1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. /certify that based on my inquiry of the person, or persons, who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of civil and criminal penalties. This certification is required by Minn. Stat. §§7001.0070 and 7001.0540. The authorized person with overall, MS4 legal responsibility must certify the application (principal executive officer or a ranking elected official). By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing my application. Name: (This document has been electronically signed) Title: Date (mm/dd/yyyy): Mailing address: City: State: Zip code: Phone(including area code): E-mail: Note: The application will not be processed without certification. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131 113 Page 2 of 17 Stormwater Pollution Prevention Program Document I. Partnerships: (Part II.D.1) A. List the regulated small MS4(s)with which you have established a partnership in order to satisfy one or more requirements of this Permit. Indicate which Minimum Control Measure (MCM)requirements or other program components that each partnership helps to accomplish (List all that apply). Check the box below if you currently have no established partnerships with other regulated MS4s. If you have more than five partnerships, hit the tab key after the last line to generate a new row. ❑ No partnerships with regulated small MS4s Name and description of partnership MCM/Other permit requirements involved Sherburne County; Partner with Sherburne County(Zoning Administration, Public Works, and SWCD)for providing educational opportunities/materials, illicit discharge detection, and maintaining county ditch system throughout the City. MCM 1, 3, 6 B. If you have additional information that you would like to communicate about your partnerships with other regulated small MS4(s), provide it in the space below, or include an attachment to the SWPPP Document,with the following file naming convention: MS4NameHere Partnerships. II. Description of Regulatory Mechanisms: (Part II.D.2) Illicit discharges A. Do you have a regulatory mechanism(s)that effectively prohibits non-stormwater discharges into your small MS4, except those non-stormwater discharges authorized under the Permit(Part III.D.3.b.)? ®Yes ❑ No 1. If yes: a. Check which type of regulatory mechanism(s)your organization has (check all that apply): ® Ordinance ❑ Contract language ❑ Policy/Standards ❑ Permits ❑ Rules ❑ Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: City Code:Sec. 30-2174.(b). Illicit discharges and connections Direct link: http://library.municode.comfindex.aspx?clientld=13427&stateld=23&stateName=Minnesota ❑ Check here if attaching an electronic copy of your regulatory mechanism,with the following file naming convention: MS4NameHere IDDEreg. 2. If no: Describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131 113 Page 3 of 17 permit coverage is extended, this permit requirement is met: Construction site stormwater runoff control A. Do you have a regulatory mechanism(s)that establishes requirements for erosion and sediment controls and waste controls? ® Yes ❑ No 1. If yes: a. Check which type of regulatory mechanism(s)your organization has (check all that apply): ® Ordinance ❑ Contract language ® Policy/Standards ® Permits ❑ Rules ❑ Other, explain: Building Permit-Erosion Protection Maintenance Memorandum b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: City Code: Sec. 30-416. Excavation, grading and erosion control. City Code:Sec. 30-2174.(d). Industrial or construction activity discharges City Code:Sec. 30-2174.(3).Construction and building site activity City of Elk River Design Standards Building Permit-Erosion Protection Maintenance Memorandum Direct link: http://library.municode.comlindex.aspx?clientld=13427&stateld=23&stateName=Minnesota http://elkri vermn.go v/DocumentCenter/Vie w/223 ® Check here if attaching an electronic copy of your regulatory mechanism,with the following file naming convention: MS4NameHere CSWreg. B. Is your regulatory mechanism at least as stringent as the MPCA general permit to Discharge Stormwater Associated with Construction Activity(as of the effective date of the MS4 Permit)? ❑Yes ® No If you answered yes to the above question, proceed to C. If you answered no to either of the above permit requirements listed in A. or B., describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: The City's construction site stormwater runoff control requlatory mechnaism will be updated to be at least as strigent as the MPCA CSW permit. This effort will completed within 12 months of the date permit coverage is extended. C. Answer yes or no to indicate whether your regulatory mechanism(s)requires owners and operators of construction activity to develop site plans that incorporate the following erosion and sediment controls and waste controls as described in the Permit(Part III.D.4.a.(1)-(8)), and as listed below: 1. Best Management Practices(BMPs)to minimize erosion. ®Yes ❑ No 2. BMPs to minimize the discharge of sediment and other pollutants. ®Yes ❑ No 3. BMPs for dewatering activities. ❑ Yes ® No 4. Site inspections and records of rainfall events ®Yes ❑ No 5. BMP maintenance ❑ Yes ® No 6. Management of solid and hazardous wastes on each project site. ®Yes ❑ No 7. Final stabilization upon the completion of construction activity, including the use of perennial ®Yes ❑ No vegetative cover on all exposed soils or other equivalent means. 8. Criteria for the use of temporary sediment basins. ❑ Yes ® No If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: C. (5.), is addressed in City Design Standards SWPPP Requirements and in the Building Permit-Erosion Protection www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131 113 Page 4 of 17 Maintenance Memorandum. However,it is not reference in the City's Ordinance. The Deputy Director of Community Operation and Development will work with the City Engineer to draft this amendment using the MPCA model ECS ordinance as a guideline. The amended ordinances will be place on the City Council's meeting agenda for approval within 12 months following the date permit coverage is extended. C. (3.), (8.), are addressed in the Construction Erosion and sediment control checklist in Appendix D of the SWPPP. However, they are not reference in the City's Ordinance. Following the same procedures as for(1), the ordinance will be amended to include the use of BMPs for dewatering activities and criteria for use of temporary sediment basins. Post-construction stormwater management A. Do you have a regulatory mechanism(s)to address post-construction stormwater management activities? ®Yes ❑ No 1. If yes: a. Check which type of regulatory mechanism(s)your organization has (check all that apply): ® Ordinance ❑ Contract language ® Policy/Standards ❑ Permits ❑ Rules ❑ Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: City Code:Sec. 30-416. Excavation, grading and erosion control. City Code:Sec. 30-2175. Post construction stormwater management City of Elk River Design Standards Direct link: http://library.municode.comlindex.aspx?clientld=13427&stateld=23&stateName=Minnesota ❑ Check here if attaching an electronic copy of your regulatory mechanism,with the following file naming convention: MS4NameHere PostCSWreg. B. Answer yes or no below to indicate whether you have a regulatory mechanism(s)in place that meets the following requirements as described in the Permit(Part III.D.5.a.): 1. Site plan review: Requirements that owners and/or operators of construction activity submit ®Yes ❑ No site plans with post-construction stormwater management BMPs to the permittee for review and approval, prior to start of construction activity. 2. Conditions for post construction stormwater management: Requires the use of any combination of BMPs,with highest preference given to Green Infrastructure techniques and practices (e.g., infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs, etc.), necessary to meet the following conditions on the site of a construction activity to the Maximum Extent Practicable (MEP): a. For new development projects—no net increase from pre-project conditions (on an annual ❑ Yes ® No average basis)of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit(Part III.D.5.a(3)(a)). 2) Stormwater discharges of Total Suspended Solids(TSS). 3) Stormwater discharges of Total Phosphorus (TP). b. For redevelopment projects—a net reduction from pre-project conditions (on an annual ❑ Yes ® No average basis)of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit(Part III.D.5.a(3)(a)). 2) Stormwater discharges of TSS. 3) Stormwater discharges of TP. 3. Stormwater management limitations and exceptions: a. Limitations 1) Prohibit the use of infiltration techniques to achieve the conditions for post-construction ❑ Yes ® No stormwater management in the Permit(Part III.D.5.a(2))when the infiltration structural stormwater BMP will receive discharges from,or be constructed in areas: a) Where industrial facilities are not authorized to infiltrate industrial stormwater under www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 5 of 17 an NPDES/SDS Industrial Stormwater Permit issued by the MPCA. b) Where vehicle fueling and maintenance occur. c) With less than three (3)feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. d) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. 2) Restrict the use of infiltration techniques to achieve the conditions for post-construction ❑ Yes ® No stormwater management in the Permit(Part III.D.5.a(2)),without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater,when the infiltration device will be constructed in areas: a) With predominately Hydrologic Soil Group D (clay)soils. b) Within 1,000 feet up-gradient,or 100 feet down-gradient of active karst features. c) Within a Drinking Water Supply Management Area (DWSMA)as defined in Minn. R. 4720.5100, subp. 13. d) Where soil infiltration rates are more than 8.3 inches per hour. 3) For linear projects where the lack of right-of-way precludes the installation of volume ❑ Yes ® No control practices that meet the conditions for post-construction stormwater management in the Permit(Part III.D.5.a(2)), the permittee's regulatory mechanism(s)may allow exceptions as described in the Permit(Part III.D.5.a(3)(b)). The permittee's regulatory mechanism(s)shall ensure that a reasonable attempt be made to obtain right-of-way during the project planning process. 4. Mitigation provisions:The permittee's regulatory mechanism(s)shall ensure that any stormwater discharges of TSS and/or TP not addressed on the site of the original construction activity are addressed through mitigation and, at a minimum,shall ensure the following requirements are met: a. Mitigation project areas are selected in the following order of preference: ❑ Yes ® No 1) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. 2) Locations within the same Minnesota Department of Natural Resource (DNR) catchment area as the original construction activity. 3) Locations in the next adjacent DNR catchment area up-stream 4) Locations anywhere within the permittee's jurisdiction. b. Mitigation projects must involve the creation of new structural stormwater BMPs or the ❑ Yes ® No retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. c. Routine maintenance of structural stormwater BMPs already required by this permit cannot ❑ Yes ® No be used to meet mitigation requirements of this part. d. Mitigation projects shall be completed within 24 months after the start of the original ❑ Yes ® No construction activity. e. The permittee shall determine, and document,who will be responsible for long-term ®Yes ❑ No maintenance on all mitigation projects of this part. f. If the permittee receives payment from the owner and/or operator of a construction activity ❑ Yes ® No for mitigation purposes in lieu of the owner or operator of that construction activity meeting the conditions for post-construction stormwater management in Part III.D.5.a(2), the permittee shall apply any such payment received to a public stormwater project,and all projects must be in compliance with Part III.D.5.a(4)(a)-(e). 5. Long-term maintenance of structural stormwater BMPs: The permittee's regulatory mechanism(s)shall provide for the establishment of legal mechanisms between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee,that have been implemented to meet the conditions for post-construction stormwater management in the Permit(Part III.D.5.a(2)). This only includes structural stormwater BMPs constructed after the effective date of this permit and that are directly connected to the permittee's MS4, and that are in the permittee's jurisdiction. The legal mechanism shall include provisions that, at a minimum: a. Allow the permittee to conduct inspections of structural stormwater BMPs not owned or ®Yes ❑ No operated by the permittee, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the permittee determines that the owner and/or operator of that structural stormwater BMP has not conducted maintenance. b. Include conditions that are designed to preserve the permittee's right to ensure maintenance ❑ Yes ® No responsibility, for structural stormwater BMPs not owned or operated by the permittee,when those responsibilities are legally transferred to another party. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131 113 Page 6of 17 c. Include conditions that are designed to protect/preserve structural stormwater BMPs and ❑ Yes ® No site features that are implemented to comply with the Permit(Part I II.D.5.a(2)). If site configurations or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved structural stormwater BMPs must be implemented to ensure the conditions for post-construction stormwater management in the Permit(Part III.D.5.a(2))continue to be met. If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within twelve (12)months of the date permit coverage is extended,these permit requirements are met: B.2.a, B.2.b.Amend current post-construction stormwater ordinance and City Design Standards, which includes goals for reducing post-development TSS and TP loading on an annual basis, to include volume-control and be more consistent with permit language for new and redevelopment sites. The City Engineer will draft these amendments they will be placed on the City Council's meeting agenda for approval within 12 months following the date permit coverage is extended. B.3.a.1: The City will amend the ordinance and City Design Standards to include prohibiting the use of infiltration techniques for post-construction stormwater management as described in the Permit(Partlll.D.5.a(3)(a).1). The ordinance will be amended on the same schedule as the items in B.2.a and B.2.b. B.3.a.2: The City will amend the ordinance and City Design Standards to include restricting the use of infiltration techniques for post-construction stormwater management as described in the Permit(Partlll.D.5.a(3)(a).2). This will occur on the same schedule as the items above. B.3.a.3: The City will amend the ordinance and City Design Standards to include the exceptions for linear projects as described in the Permit(Partlll.D.5.a(3)(b)). This will occur on the same schedule as the items above. B.4.a.: The City will amend the ordinance and City Design Standards to include order of preference for selecting mitigation project areas as described in the Permit(Partlll.D.5.a(4)(a)). This will occur on the same schedule as the items above. B.4.b.: The City will amend the ordinance and City Design Standards to include requirements for the creation of mitigation projects as described in the Permit(Partlll.D.5.a(4)(b)). This will occur on the same schedule as the items above. B.4.c.: The City will amend the ordinance and City Design Standards to include the restriction from using routine maintenance of structural BMPs to meet the requirements for mitigation projects as described in the Permit (Partlll.D.5.a(4)(c)). This will occur on the same schedule as the items above. B.4.d.: The City will amend the ordinance and City Design Standards to include the requirement to complete mitigation projects within 24 months after the start of the original construction activity as described in the Permit (Partlll.D.5.a(4)(d)). This will occur on the same schedule as the items above. B.4.f.: The City will amend the ordinance and City Design Standards to mandate that money received from an owner/operator of construction activity, in lieu of meeting the conditions for post-construction stormwater management, shall be used for a public stormwater project as described in the Permit(Partlll.D.5.a(4)(f)). This will occur on the same schedule as the items above. B.5.b.: The City will amend the ordinance and City Design Standards to include conditions that require maintenance responsibility for structural stormwater BMPs through transfer of ownership as described in the Permit (Partlll.D.5.a(5)(b)). This will occur on the same schedule as the items above. B.5.c.: The City will amend the ordinance and City Design Standards to include conditions to address BMP modification in the future as described in the Permit(Partlll.D.5.a(5)(c)). This will occur on the same schedule as the items above. III. Enforcement Response Procedures (ERPs): (Part II.D.3) A. Do you have existing ERPs that satisfy the requirements of the Permit(Part III.B.)? ®Yes ❑ No 1. If yes, attach them to this form as an electronic document,with the following file naming convention: MS4NameHere ERPs. 2. If no, describe the tasks and corresponding schedules that will be taken to assure that,with twelve (12)months of the date permit coverage is extended,these permit requirements are met: B. Describe your ERPs: http://library.municode.comlindex.aspx?clientld=13427&stateld=23&stateName=Minnesota The current ERPs are included in the following City Codes:Section 30-416.(r)Penalties for Violation of Excavation, grading, and erosion control, Section 30-416;Enforcement of Stormwater Management including illicit Discharges. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 7 of 17 The City Code includes the following enforcement mechanisms: -Notice of Violation -Public Nuisance -Misdemeanors -Stop work orders IV. Storm Sewer System Map and Inventory: (Part II.D.4.) A. Describe how you manage your storm sewer system map and inventory: New developments are required to provide electronic as-build data in accordance with the GIS Information Requirements located in the City Design Standard. The City GIS specialist updates and maintains all of the City's GIS Information. B. Answer yes or no to indicate whether your storm sewer system map addresses the following requirements from the Permit(Part III.C.1.a-d), as listed below: 1. The permittee's entire small MS4 as a goal, but at a minimum, all pipes 12 inches or greater in ®Yes ❑ No diameter, including stormwater flow direction in those pipes. 2. Outfalls, including a unique identification (ID)number assigned by the permittee, and an ®Yes ❑ No associated geographic coordinate. 3. Structural stormwater BMPs that are part of the permittee's small MS4. ®Yes ❑ No 4. All receiving waters. ®Yes ❑ No If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: C. Answer yes or no to indicate whether you have completed the requirements of 2009 Minnesota Session Law, Ch. 172. Sec. 28:with the following inventories, according to the specifications of the Permit(Part III.C.2.a.-b.), including: 1. All ponds within the permittee's jurisdiction that are constructed and operated for purposes of ®Yes ❑ No water quality treatment, stormwater detention, and flood control, and that are used for the collection of stormwater via constructed conveyances. 2. All wetlands and lakes,within the permittee's jurisdiction, that collect stormwater via constructed ®Yes ❑ No conveyances. D. Answer yes or no to indicate whether you have completed the following information for each feature inventoried. 1. A unique identification (ID) number assigned by the permittee. ❑ Yes ® No 2. A geographic coordinate. ®Yes ❑ No 3. Type of feature (e.g., pond, wetland, or lake). This may be determined by using best professional ❑ Yes ® No judgment. If you have answered yes to all above requirements, and you have already submitted the Pond Inventory Form to the MPCA, then you do not need to resubmit the inventory form below. If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: D.1. The City GIS specialist will update the storm sewer map to include a unique identification number for each stormwater feature inventoried as described in the Permit(Part III.C.2.b). D.3. The City GIS specialist will update the storm sewer map to include a type of feature for each stormwater feature inventoried as described in the Permit(Part III.C.2.b.). E. Answer yes or no to indicate if you are attaching your pond,wetland and lake inventory to the MPCA ❑ Yes ® No on the form provided on the MPCA website at: http://www.pca.state.mn.us/ms4 , according to the specifications of Permit(Part III.C.2.b.(1)-(3)).Attach with the following file naming convention: MS4NameHere_inventory. If you answered no,the inventory form must be submitted to the MPCA MS4 Permit Program within 12 months of the date permit coverage is extended. V. Minimum Control Measures (MCMs) (Part II.D.S) www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 8 of 17 A. MCMII: Public education and outreach 1. The Permit requires that,within 12 months of the date permit coverage is extended, existing permittees revise their education and outreach program that focuses on illicit discharge recognition and reporting, as well as other specifically selected stormwater-related issue(s)of high priority to the permittee during this permit term. Describe your current educational program, including any high-priority topics included: The City of Elk River is comprised of a mix of commercial business districts, established and new residential developments, and agriculture land uses. Therefore the educational focus rotates through residential issues, construction activities, and illicit discharges around commercial business districts. When able the City partners with Sherburne County SWCD to provide education to our residents. Newsletter distributed to residents includes stormwater section discussing proper practices for activities such as fall yard practices and winter deicing. The City has a stormwater page on the website to communicate stormwater-related messages. 2. List the categories of BMPs that address your public education and outreach program, including the distribution of educational materials and a program implementation plan. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the U.S. Environmental Protection Agency's(EPA)Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Complete outline of education activity implementation program and implementation schedule for the upcoming permit year by Education Activity Implementation Plan June 30th. The City will update their web page to include water resource related issues. The City will update its existing webpage with additional water resource related information beginning March City Stormwater Information Link 2005. Meeting with Gravel Miners, Building Contractors, Hold meetings as needed to inform these professionals of Developers, and Excavators stormwater related issues as appropriate. Work with Sherburne County Zoning and Soil& Water Conservation District, Watershed Partners, Stormwater Steering Committee, and Water Resource Coordinators Group to make Meetings with Educational Professionals effective use of stormwater education programs as appropriate. Report on yearly NPDES regulations and activities in Annual Report, urban storm water impacts to water bodies, current SWPPP status during an annual presentation each year of permit cycle.Additionally provide a specific review of SWPPP Presentations to City Council when considering zoning request. Provide a presentation at City Department meetings to generate Staff awareness of SWPPP regulations and to develop projects City Staff Meetings with appropriate BMPs applied. In the spring of year 1 send out a written survey in a random sample of mailings. They survey will gauge each selected household's practices related to the topic that will be featured in the following fall's brochure. This will help the City understand Citizen Survey what topics are important to the City. Published stormwater pollution prevention related article in the Annual Newsletter to spread awareness of stormwater related Newsletter issues. Annually broadcasted stormwater related information over the Cable Access Channel Cable Access Channel. BMP categories to be implemented Measurable goals and timeframes 3. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: City Engineer/ Environmental Coordinator www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 9 of 17 B. MCM2: Public participation and involvement 1. The Permit(Part III.D.2.a.)requires that,within 12 months of the date permit coverage is extended,existing permittees shall revise their current program, as necessary, and continue to implement a public participation/involvement program to solicit public input on the SWPPP. Describe your current program: An opportunity to hear comments on the SWPPP is provided each year during an annual meeting held in combination with a City Council Meeting. 2. List the categories of BMPs that address your public participation/involvement program, including solicitation and documentation of public input on the SWPPP. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s(hfp://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Provide public notice of meeting to provide input on the SWPPP Follow applicable public notice requirement in accordance with City public hearing notification requirements. Hold annual public meeting combined with City Council Meeting or other public participationhinvolvement event to solicit public Annual Meeting input on the SWPPP Residents can provide comments to City through the "Community Voice"link located on the City's Webpage The City will add one high priority topic identified in MCM1 annually to the initiatives section on the "Community Voice"page. IT department will provide a link on City webpage to report Illicit Discharges. This will allow the city to document number of Community Reporting Options and Documentation reports received from City Webpage and responses to citizen Procedures reports of illicit discharges. Engage community groups in a storm drain stenciling effort to increase awareness that the drains are connect to lakes and rivers. Program has been completed as part of a Boy/Girl Scout Volunteer Storm Drain Stenciling Program project during the last program cycle. BMP categories to be implemented Measurable goals and timeframes Provide an electronic document of Stormwater Pollution Online Availability of Stormwater Pollution Prevention Prevention Program document online, to allow anytime, easier Program Document access to these documents. 3. Do you have a process for receiving and documenting citizen input? ❑Yes ® No If you answered no to the above permit requirement, describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, this permit requirement is met: B.3. The City will develop written procedures for receiving, documenting and storing citizen input as described in the permit (Part M.C.2.b). Procedures will be in place within 12 months following the date permit coverage is extended. 4. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: City Engineer/ Environmental Coordinator C. MCM 3: Illicit discharge detection and elimination 1. The Permit(Part III.D.3.)requires that,within 12 months of the date permit coverage is extended,existing permittees revise their current program as necessary, and continue to implement and enforce a program to detect and eliminate illicit discharges into the small MS4. Describe your current program: The City has an ordinance that prohibits illicit discharges and connections. City Staff and public works employees are trained to look for any signs of an illicit discharge while on the job. ERPs(attached)guide what actions the City can take after an illicit discharge has been identified. 2. Does your Illicit Discharge Detection and Elimination Program meet the following requirements, as found in the Permit (Part III.D.3.c.-g.)? a. Incorporation of illicit discharge detection into all inspection and maintenance activities conducted ®Yes ❑ No under the Permit(Part III.D.6.e.-f.)Where feasible, illicit discharge inspections shall be conducted www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131 113 Page 10 of 17 during dry-weather conditions(e.g., periods of 72 or more hours of no precipitation). b. Detecting and tracking the source of illicit discharges using visual inspections. The permittee may ®Yes ❑ No also include use of mobile cameras, collecting and analyzing water samples, and/or other detailed procedures that may be effective investigative tools. c. Training of all field staff, in accordance with the requirements of the Permit(Part III.D.6.g.(2)), in ®Yes ❑ No illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation. d. Identification of priority areas likely to have illicit discharges, including at a minimum, evaluating ®Yes ❑ No land use associated with business/industrial activities, areas where illicit discharges have been identified in the past, and areas with storage of large quantities of significant materials that could result in an illicit discharge. e. Procedures for the timely response to known,suspected, and reported illicit discharges. ❑ Yes ® No f. Procedures for investigating, locating, and eliminating the source of illicit discharges. ®Yes ❑ No g. Procedures for responding to spills, including emergency response procedures to prevent spills from ®Yes ❑ No entering the small MS4.The procedures shall also include the immediate notification of the Minnesota Department of Public Safety Duty Officer, if the source of the illicit discharge is a spill or leak as defined in Minn. Stat. § 115.061. h. When the source of the illicit discharge is found,the permittee shall use the ERPs required by the ®Yes ❑ No Permit(Part III.B.)to eliminate the illicit discharge and require any needed corrective action(s). If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: C.2.e., The City will incorporate procedures into the IDDE program fora timely response to known, suspected, and reported illicit discharges as described in the permit(Part III.D.3.g). Procedures will be in place within 12 months following the date permit coverage is extended. 3. List the categories of BMPs that address your illicit discharge, detection and elimination program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes The City GIS storm sewer system map is updated as needed to reflect changes made to system features such as ponds, streams, lakes, wetlands, structural pollution control device, pipes, and outfalls. The existing City GIS Map will be updated as required by Part III.C.1 within 12 months following the date Storm Sewer System Mapping permit coverage is extended. The City developed an ordinance to prohibit non-stormwater discharge into the stormwater system. The City will review the Illicit Discharge Detection and Elimination(IDDE)and ordinance yearly to ensure that it continues to meet the needs Enforcement Ordinance of the Cit and legal requirements. Program to detect and eliminate illegal and/or improper connections to storm sewer drainage system and receiving waters by maintaining a list of existing illicit connection test performed to date within the City. Maintain a list of illicit connections test performed to date within the City. Identify and prioritize future illicit connection assessment sites, and conduct field testing of existing storm sewer system lines After detection of illicit discharge the City will utilize proper Illicit Discharge Detection and Elimination(IDDE) enforcement procedures and enforce the provisions of the City Program ordinance pertaining to illegal discharges. Conduct educational seminar and distribute of educational material annually to educate the Public and City Employees Public&Employee IDDE Information Program about the hazards associated with illicit discharges. City employees are trained how to identify illicit discharges and what corrective measures should be taken for those discharges Identification of Non Stormwater Discharges&Flows identified as being significant contributors of pollutants. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 11 of 17 BMP categories to be implemented Measurable goals and timeframes Update written procedures for illicit discharge inspections, investigations, and response actions. Develop a process to document information as described in the Permit(Part M.3.h) within 12 months following the date permit coverage is IDDE Program Updates extended.. Annually inspect locations identified as high-priority outfalls and around high-risk establishments(fast food restaurants, Illicit Discharge Inspections dumpster, car washes,mechanics, and oil changes.) As needed hire a consultant to televise a section of our sewer system, collect grab samples or perform other effective testing Illicit Discharge Investigation procedures to find illicit connection in the system. 4. Do you have procedures for record-keeping within your Illicit Discharge Detection and Elimination (IDDE)program as specified within the Permit(Part III.D.3.h.)? ❑Yes ® No If you answered no, indicate how you will develop procedures for record-keeping of your Illicit Discharge, Detection and Elimination Program,within 12 months of the date permit coverage is extended: C.4., The City will develop written procedures for receiving, documenting and storing citizen input as descriped in the permit(Part III.D.3.h). Procedueres will be in place within 12 months following the date permit coverage is extended. 5. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: Street Superintendent D. MCM 4: Construction site stormwater runoff control 1. The Permit(Part III.D.4)requires that,within 12 months of the date permit coverage is extended,existing permittees shall revise their current program, as necessary,and continue to implement and enforce a construction site stormwater runoff control program. Describe your current program: The City requires review of construction site erosion and sediment control(ESC)plans before projects begin, and work with contractors to ensure appropriate and correct use of erosion and sediment control BMPs on sites. The building inspection department is primarly responsible for checking compliance with construction site ESC plans. 2. Does your program address the following BMPs for construction stormwater erosion and sediment control as required in the Permit(Part III.D.4.b.): a. Have you established written procedures for site plan reviews that you conduct prior to the start of ®Yes ❑ No construction activity? b. Does the site plan review procedure include notification to owners and operators proposing ®Yes ❑ No construction activity that they need to apply for and obtain coverage under the MPCA's general permit to Discharge Stormwater Associated with Construction Activity No. MN R100001? c. Does your program include written procedures for receipt and consideration of reports of ❑ Yes ® No noncompliance or other stormwater related information on construction activity submitted by the public to the permittee? d. Have you included written procedures for the following aspects of site inspections to determine compliance with your regulatory mechanism(s): 1) Does your program include procedures for identifying priority sites for inspection? ❑ Yes ® No 2) Does your program identify a frequency at which you will conduct construction site ❑ Yes ® No inspections? 3) Does your program identify the names of individual(s)or position titles of those responsible for ❑ Yes ® No conducting construction site inspections? 4) Does your program include a checklist or other written means to document construction site ❑ Yes ® No inspections when determining compliance? e. Does your program document and retain construction project name, location, total acreage to be ®Yes ❑ No disturbed, and owner/operator information? f. Does your program document stormwater-related comments and/or supporting information used to ®Yes ❑ No determine project approval or denial? g. Does your program retain construction site inspection checklists or other written materials used to ❑ Yes ® No document site inspections? If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met. D.2.c., The City will develop written procedures for receipt and consideration of reports of noncompliance or other stormwater related information on construction activity submitted by the public as described in the Permit(Part III.D.4.c). www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131 113 Page 12 of 17 Procedures will be in place within 12 months following the date permit coverage is extended. D.2.d., City will develop written procedures for conducting site ESC inspections as described in the Permit(Part III.D.4.d). Procedures will be in place within 12 months following the date permit coverage is extended. D.2.g., City will develop written procedures for retaining documents of site ESC inspections as described in the Permit (Part III.D.4.d). Procedures will be in place within 12 months following the date permit coverage is extended. 3. List the categories of BMPs that address your construction site stormwater runoff control program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdfl. If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Construction Site Stormwater Runoff Ordinance to prohibit construction site stormwater runoff was approved in June 2007. An erosion and sediment control section of the Design Standards division of the City Platting ordinance was updated in Construction Site Stormwater Runoff Ordinance February 2013. City Engineering Staff utilizes MPCA the construction and sediment control checklist from Appendix D of the Current SWPPP for review of NPDES Erosion Control Permits submitted Construction Site Plan Review to the department for review. An erosion control handout, which explains how to properly install a silt fence and other erosion control BMPs is given to the Erosion Protection Maintenance Memo to Builders application when a building permit is picked up. BMP categories to be implemented Measurable goals and timeframes Update the City Grading, Building, and ROW permits and Construction Site Stormwater Runoff ordinance to meet the new permit requirements within 12 months following the date permit Permit Update coverage is extended Ensure at least 10%of inspections conducted annually are performed at deemed high priority inspection sites(e.g., near Prioritize Inspections sensitive receiving waters,projects larger than 5 acres) Develop written procedures to track and archive all plan review and inspection documents within 12 months following the date Permit Application System ermit covera a is extended. 4. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: City Engineer E. MCM 5: Post-construction stormwater management 1. The Permit(Part III.D.5.)requires that,within 12 months of the date permit coverage is extended,existing permittees shall revise their current program, as necessary, and continue to implement and enforce a post-construction stormwater management program. Describe your current program: The City has a post-construction sotrmwater management ordinace to encourage the utilization of BMPs for stormwater runoff from new and redevelopment projects, as well as to ensure the maintenance and operation of the stormwater BMPs. 2. Have you established written procedures for site plan reviews that you will conduct prior to the start of ®Yes ❑ No construction activity? 3. Answer yes or no to indicate whether you have the following listed procedures for documentation of post-construction stormwater management according to the specifications of Permit(Part III.D.5.c.): a. Any supporting documentation that you use to determine compliance with the Permit(Part ❑ Yes ® No III.D.5.a), including the project name, location, owner and operator of the construction activity, any checklists used for conducting site plan reviews, and any calculations used to determine compliance? b. All supporting documentation associated with mitigation projects that you authorize? ❑ Yes ® No www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 13 of 17 c. Payments received and used in accordance with Permit(Part III.D.5.a.(4)(f))? ❑ Yes ® No d. All legal mechanisms drafted in accordance with the Permit(Part III.D.5.a.(5)), including date(s)of ❑ Yes ® No the agreement(s)and names of all responsible parties involved? If you answered no to any of the above permit requirements,describe the steps that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met. E.3., The City will develop written procedures for documention of post-construciton stomwater management as described in the Permit(Part III.D.5.c.). Procedures will be in place within 12 months following the date permit coverage is extended. 4. List the categories of BMPs that address your post-construction stormwater management program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdfl. If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Completed plan review process and documentation procedures for sites qualifying as a land disturbance in accordance with definition set in the City Ordinance. City Engineering Staff utilizes the SWPPP Review Checklist from Appendix C of the Current SWPPP for review of Stormwater Management Plans Site Plan Review Program submitted to the department for review. Implement Stormwater retention/detention ponds as a BMP in areas where it is appropriate Encourage the use of structural and non-structural Developers are encouraged to install rain gardens BMPs during review of new and redevelopment Possible implantation of sand and organic filters into plan projects review process The City requires all exposed ground areas to be landscaped with grass, shrubs, trees, or other living ornamental landscape materials. When observed, the City documents violations of seeding provisions and records types of enforcement actions Stabilization Seeding taken. The City requires outlet structure stabilization within the standard specification for construction including but not limited to tie-rods, stabilization seeding, and class IV-V riprap. The City will continue to include this BMP during construction and Outlet Structure Stabilization document the number of structures stabilized. Completed ordinance including illicit discharges, erosion and sediment control at construction sites, and post construction Land Development Ordinance runoff from new development and redevelopment Completed SWMP for Elk River in 2013 and ensured goals and policies were consist with the NPDES General and Stormwater Management Plan Construction Permits. BMP categories to be implemented Measurable goals and timeframes Complete Ordinance updates including illicit discharges, erosion and sediment control at construction sites, and post construction runoff from new development and redevelopment Update ordinance to meet new permit requirements Within 12 months of extension of permit coverage. Develop site plan review procedures that must be completed prior to the start of construction activity within 12 months of Develop Written Procedures for Site Plan Review extension of permit coverage. Maintain all related documents pertaining to each new or redevelopment project in more user-friendly filing system for Document Pertinent Project Information better records management. Implement within 12 months. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131 113 Page 14 of 17 5. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: City Engineer F. MCM 6: Pollution prevention/good housekeeping for municipal operations 1. The Permit(Part III.D.6.)requires that, within 12 months of the date permit coverage is extended,existing permittees shall revise their current program, as necessary, and continue to implement an operations and maintenance program that prevents or reduces the discharge of pollutants from the permittee owned/operated facilities and operations to the small MS4. Describe your current program: The City currently inspects its structural pollution control devices on an annual basis and inspects all of its outfalls, sediment basins and ponds every 5 years. The City inspects stockpiles, storage and material handling areas at the maintenance yard for potential discharges and maintenance of BMPs. The City is evaluating the use of road salt for winter road maintenance activities to reduce chlorides entering our water resources. The City sweeps streets once in the fall after leaf drop. Maintenance staff is trained annually on various topics related to pollution prevention during maintenance activities. 2. Do you have a facilities inventory as outlined in the Permit(Part III.D.6.a.)? ❑ Yes ® No 3. If you answered no to the above permit requirement in question 2, describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, this permit requirement is met: Add comments!! 4. List the categories of BMPs that address your pollution prevention/good housekeeping for municipal operations program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. For an explanation of measurable goals, refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/nr)des/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Training focused on fertilizer application,pesticide/herbicide Park and Open Space Training Program application, and mowing discharge. Training focused on automotive maintenance program (automotive inspections and washing), spill cleanup training, hazardous materials training, building leak prevention and Fleet and Building Maintenance Training Program inspection training. Training focused on parking lot and street cleaning, storm drain Stormwater Systems Maintenance Training Program s stems cleanin , road salt materials management Train employees and document number of times each street is Parking Lots&Street Cleaning swept annual. Goal is 2 times per year. Document Number of Sumps cleaned per year. Goal is 100%of Storm Drain Cleaning System the Cit sums per year. Document amount of salt applied each year and train employees Road Salt Materials Management Program in road salt management and application rates annually. Conduct one inspection of all City-owned ponds and outfalls prior to expiration date of this permit Strom Sewer Inspection Program Annual inspection of 100%of structural pollution control devices Evaluate inspection records and determine if inspection Evaluate Inspection Frequency frequency needs to increase or decrease. BMP categories to be implemented Measurable goals and timeframes Based on storm sewer inspection findings determine if repair, replacement, or maintenance measures are necessary to ensure structures proper function and treatment effectiveness. Document annually number or structures repaired or scheduled Structural Stormwater BMP Maintenance Program for maintenance. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131 113 Page 15 of 17 Ensure that plans describing spill prevention and control procedures are consistent among all departments. Conduct annual spill prevention and response training sessions to all municipal employees. Distribute education materials to each Spill Prevention& Control Plans for Municipal Facilities municipal facility by the end of year 2. Once monthly and after< 1"rain events,perform maintenance yard inspections utilizing a checklist for the inspection. Develop checklist format that allows staff to compare results to previous Maintenance Yard Inspections inspections Update facilities inventory to include potential pollutants as each Facility Inventory site. Create a map of all identified facilities. In year 1, develop procedures for determining TSS and TP treatment effectiveness of city owned ponds use for treatment of Pond Assessment Procedures& Schedule stormwater. Implement schedule in year 2-5 5. Does discharge from your MS4 affect a Source Water Protection Area (Permit Part III.D.6.c.)? ®Yes ❑ No a. If no, continue to 6. b. If yes, the Minnesota Department of Health (MDH)is in the process of mapping the following items. Maps are available at http://www.health.state.mn.us/divs/eh/water/swp/maps/index.htm. Is a map including the following items available for your MS4: 1) Wells and source waters for drinking water supply management areas identified as ❑ Yes ® No vulnerable under Minn. R.4720.5205, 4720.5210, and 4720.5330? 2) Source water protection areas for surface intakes identified in the source water ❑Yes ® No assessments conducted by or for the Minnesota Department of Health under the federal Safe Drinking Water Act, U.S.C. §§ 300j— 13? c. Have you developed and implemented BMPs to protect any of the above drinking water ®Yes ❑ No sources? 6. Have you developed procedures and a schedule for the purpose of determining the TSS and ❑Yes ® No TP treatment effectiveness of all permittee owned/operated ponds constructed and used for the collection and treatment of stormwater, according to the Permit(Part III.D.6.d.)? 7. Do you have inspection procedures that meet the requirements of the Permit(Part III.D.6.e.(1)- ❑Yes ® No (3))for structural stormwater BM Ps, ponds and outfalls, and stockpile,storage and material handling areas? 8. Have you developed and implemented a stormwater management training program commensurate with each employee's job duties that: a. Addresses the importance of protecting water quality? ® Yes ❑ No b. Covers the requirements of the permit relevant to the duties of the employee? ® Yes ❑ No c. Includes a schedule that establishes initial training for new and/or seasonal employees and ❑Yes ® No recurring training intervals for existing employees to address changes in procedures, practices, techniques, or requirements? 9. Do you keep documentation of inspections, maintenance, and training as required by the Permit ❑Yes ® No (Part III.D.6.h.(1y(5))? If you answered no to any of the above permit requirements listed in Questions 5—9, then describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: F.5.c.As part of the regulatory mechanism updates for(II.B.3.a.1)the City will provide a BMP to protect drinking water sources that the MS4 discharges may affect as described in the Permit(Part III.D.6.c). The amended ordinance will be placed on the City Council's meeting agenda for approval within 12 months following the date permit coverage is extended. F.6. The City will develop a procedure for assessing ponds to determine TSS and TP effectiveness as described in the Permit(Part III.D.6.d) This study will develop procedures for determining TSS and TP treatment effectiveness of city- owned ponds used for treatment of stormwater.A schedule will be implemented in years 2 thru 5. F.7., The City will develop written procedures for inspection of structural stormwater BMPs,ponds and outfalls, and stockpile, storage and material handling areas as described in the Permit(Part III.D.6.f.). Procedures will be in place within 12 months following the date permit coverage is extended. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131 113 Page 16 of 17 F.8., The City will develop and implement a stormwater management training program commensurate with each employees job duties as described in the Permit(Part 111.D.6.g.). Procedures will be in place within 12 months following the date permit coverage is extended. F.9., The City will developwitten procedures to document inspections, mainenance, and training as described in the Permit(Part 111.D.6.h.). Procedures will be in place within 12 months following the date permit coverage is extended. 10. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: City Engineer/Street Superindendant VI. Compliance Schedule for an Approved Total Maximum Daily Load (TMDL) with an Applicable Waste Load Allocation (WLA) (Part II.D.6.) A. Do you have an approved TMDL with a Waste Load Allocation (WLA)prior to the effective date ❑Yes ® No of the Permit? 1. If no, continue to section VII. 2. If yes, fill out and attach the MS4 Permit TMDL Attachment Spreadsheet with the following naming convention: MS4NameHere_TMDL. This form is found on the MPCA MS4 website: http://www.pca.state.mn.us/ms4. VII. Alum or Ferric Chloride Phosphorus Treatment Systems (Part II.D.7.) A. Do you own and/or operate any Alum or Ferric Chloride Phosphorus Treatment Systems which ❑ Yes ® No are regulated by this Permit(Part III.F.)? 1. If no, this section requires no further information. 2. If yes, you own and/or operate an Alum or Ferric Chloride Phosphorus Treatment System within your small MS4, then you must submit the Alum or Ferric Chloride Phosphorus Treatment Systems Form supplement to this document,with the following naming convention: MS4NameHere TreatmentSystem. This form is found on the MPCA MS4 website: http://www.pca.state.mn.us/ms4. VIII. Add any Additional Comments to Describe Your Program www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 17 of 17 APPENDIX C Stormwater Management, Shoreland, Floodplain, and Wetland Buffer Ordinances Surface Water Management Plan City of Elk River WSB Project No.1992-030 APPENDIX C -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT ARTICLE VII. STORMWATER MANAGEMENT Sec. 30-2172. Generally. Sec. 30-2173. Definitions. Sec. 30-2174. Stormwater and urban runoff control.- Erosion Control Sec. 30-2175. Post construction stormwater management. Sec. 30-2176. Enforcement. Sec. 30-2172. Generally. (a) The purpose of this article is to set forth minimum requirements for stormwater management to diminish threats to public health, safety, public and private property and natural resources of the community by establishing standards that will: (1) Protect life and property from dangers associated with flooding; (2) Protect public and private property from damage resulting from runoff or erosion (3) Ensure site design minimizes the generation of stormwater and maximizes pervious areas for stormwater treatment; (4) Promote regional stormwater management by watershed; (5) Protect, maintain and/or restore water quality from nutrients, pathogens, toxics and debris; (6) Promote infiltration and groundwater recharge; (7) Achieve a 60 percent reduction in phosphorus load rates to waters compared to no controls for all new development, and a mean of 40 percent reduction in phosphorus load for redevelopment areas that do not currently meet the 60 percent reduction standard and for street reconstruction where practicable. (b) No person shall develop any land for residential, commercial, industrial, or institutional uses without having provided the stormwater management measures set forth herein to control or manage runoff from such development. All water entering the storm drain system generated on any developed and undeveloped lands, unless explicitly exempted by the city, shall be protected from illegal disposal/discharge and illegal connections. (Ord. No. 07-05, § 1, 6-18-2007) Sec. 30-2173. Definitions. Unless specifically defined below, the words or phrases used in this article shall have the same meaning as they have in common usage. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "must" are always mandatory and not merely directive. Elk River, Minnesota, Code of Ordinances Page 1 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT Applicant means any person or entity 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. Best management practices (BMP's) means erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. (Examples of BMP's can be found in the current versions of the Minnesota Pollution Control Agency's publications, "Protecting Water Quality in Urban Areas," and, "Storm-Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Storm- Water and Snow-Melt Runoff on Wetlands," the United States Environmental Protection Agency's, "Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices," (as a reference for BMP's) and the Minnesota Department of Transportation's, "Erosion Control Design Manual.") Buffer means a protective vegetated zone located adjacent to a natural resource, such as a water of the state, that is subject to direct or indirect human alteration. Such a buffer strip is an integral part of protecting an aquatic ecosystem through filtering, pollutants and providing adjacent habitat. The width of a buffer strip is the width along each bank of a stream. Therefore, a 30-foot wide stream with 100-foot buffer strips has a total width of 230 feet. Acceptable buffer vegetation includes preserving existing predevelopment vegetation and/or planting locally distributed native Minnesota trees, shrubs and grassy vegetation. Alteration of buffers is strictly limited. Buffer areas are designated with permanent markers. Developer means a person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity. Discharge means the release, conveyance, channeling, runoff, or drainage, of stormwater, including snowmelt, from a construction site. Energy dissipation means the methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to; aprons, riprap, splash pads, and gabions that are designed to prevent erosion. Erosion means any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by the activities of people and nature. Erosion control Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. Erosion and sediment practice specifications or practice means the management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by either the state, county, city or local watershed group, whichever is more stringent. Exposed soil areas means all areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas; borrow areas and disposal areas within the construction site. It does not include stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is exposed it is considered "exposed soil," until it meets the definition of"final stabilization." Filter strips means a vegetated section of land designed to treat runoff as overland sheet flow. They may be designed in any natural vegetated form from a grassy meadow to a small forest. Their dense vegetated cover facilitates pollutant removal and infiltration. Final stabilization means that all soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 75 percent of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed. Simply sowing grass seed is not considered final stabilization. Elk River, Minnesota, Code of Ordinances Page 2 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT (Examples of vegetative cover practices can be found in the current version of the Minnesota Department of Transportation's publication, "Supplemental Specifications to the (year of the latest update) Standard Specifications for Construction.") Hydric soils means soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. Hydrophytic vegetation means Macrophytic (large enough to be observed by the naked eye) plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Impervious surface means 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 existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. Land disturbance activity means any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within this government's jurisdiction, including clearing and grubbing, grading, excavating, transporting and filling of land. Within the context of this rule, land disturbance activity does not mean: (1) Individual home gardens, minor landscaping, repairs, and maintenance work. (2) Construction, installation, and maintenance of fences, signs, posts, poles, and electric, telephone, cable television, utility lines or individual service connections to these utilities, which result in creating under 5,000 square feet of exposed soil. (3) Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops. (4) Emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have otherwise required an approved erosion and sediment control plans, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the city's requirements as soon as possible. Native vegetation means the presettlement group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction. Ordinary high water mark means the boundary elevation where the vegetation changes from predominately aquatic (Where "aquatic" broadly means that the vegetation can survive moist conditions) to terrestrial. This elevation delineates the highest water level, which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Water often reaches this elevation in spring. For rivers and streams the ordinary high water mark is usually the top of the bank. It is less well defined for lakes and wetlands. The definition in Minnesota Statute 103G.005, subdivision 14 says that the " . . . "Ordinary high water level" means the boundary of waterbasins, watercourses, public waters, and public waters wetlands, and: (1) 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 predominantly aquatic to predominantly terrestrial; (2) For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and (3) For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Elk River, Minnesota, Code of Ordinances Page 3 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT The term "ordinary high water mark" is further defined in Minnesota Rule 6120.2500, subpart 11. The Minnesota Department of Natural Resources' area hydrologist determines ordinary high water marks. Paved surface means a constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots. Permanent cover means "final stabilization." Examples include grass, gravel, asphalt, and concrete. See also the definition of"final stabilization." Receiving waters means the water where the discharge goes. Sanitary waste facility means all property, real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing or disposal of waste, except property for the collection of the waste and property used primarily for the manufacture of scrap metal or paper. Waste facility includes but is not limited to transfer stations, processing facilities, and disposal sites and facilities. Sediment means the product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, wind, or ice, and has come to rest on the earth's surface either above or below water level. Sedimentation means the process or action of depositing sediment. Sediment control means the methods employed to prevent sediment from leaving the development site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. Soil means the unconsolidated mineral and organic material on the immediate surface of the earth. For the purposes of this document stockpile of gravel, aggregate, concrete or bituminous materials are not considered "soil" stockpiles. Stabilized means the exposed ground surface after sod, erosion control blanket, riprap, or other material that prevents erosion has covered it. Simply sowing grass seed is not considered stabilization. Stormwater under Minnesota Rule 7077.0105, subpart 41 b storm water, "means precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage." (According to the Federal Code of Regulations under 40 CFR 122.26 [b][13], "Storm water means storm water runoff, snow melt runoff and surface and drainage."). Stormwater does not include construction site dewatering. Stormwater pollution control plan means a joint storm water and erosion and sediment control plan that is a document containing the requirements of Section 4 of the NPDES permit, that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution. It involves both temporary and permanent controls. Structure means anything manufactured, constructed or erected, which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas. Subdivision means any tract of land divided into building lots for private, public, commercial, industrial, etc. development. Minnesota Rule 6120.2500, subpart 17 defines subdivision as, " . . . land that is divided for the purpose of sale, rent, or lease, including planned unit development." Temporary protection means short-term methods employed to prevent erosion. Examples of such protection include: straw, mulch, erosion control blankets, wood chips, and erosion netting. Vegetated or grassy swales means a vegetated earthen channel that conveys stormwater, while treating the stormwater by biofiltration. Such swales remove pollutants by both filtration and infiltration. Elk River, Minnesota, Code of Ordinances Page 4 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT Waters of the state As defined in Minnesota Statutes § 115.01, subdivision 22 the term ". . . "waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof." Wet detention facility means a permanent manmade structure, containing a permanent pool of water, used for the temporary storage of runoff. Wet retention facility The same as a wet detention facility. Wetlands As defined in Minnesota Rules 7050.0130, subpart F, " . . . "wetlands" are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes: (1) A predominance of hydric soils; (2) 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 a saturated soil condition; and (3) Under normal circumstances support a prevalence of such vegetation. (Ord. No. 07-05, § 1, 6-18-2007) Sec. 30-2174. Stormwater and urban runoff control. (a) Illegal disposal/dumping. (1) No person shall throw, deposit, place, leave, maintain, or keep any substance upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land, so that the substance might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. (2) No person shall intentionally dispose of grass, leaves, dirt, or landscape material into a water resource, buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance. (b) Illicit discharges and connections. (1) No person shall cause any illicit discharge to enter the storm sewer system or any surface water unless such discharge: a. Consists of non-stormwater that is authorized by an NPDES point source permit obtained from the MPCA; or b. Is associated with fire fighting activities or other activities necessary to protect public health and safety; or c. Is one of the following exempt discharges: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, dechlorinated swimming pools and any other water source not containing pollutant. Elk River, Minnesota, Code of Ordinances Page 5 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT (2) Dye testing is an allowable discharge, but requires a verbal notification to the city prior to the time of the test. (3) No person shall use any illicit connection to convey non-stormwater to the city's storm sewer system. (4) The construction, use, maintenance or continued existence of illicit connections to the storm sewer system is prohibited. This prohibition expressly includes, without limitation; illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (5) A person is considered to be in violation of this article if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue. (c) Good housekeeping provisions. Any owner or occupant of property within the city shall comply with the following good housekeeping requirements: (1) No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or storm sewer system may occur. This section shall apply to both actual and potential discharges. a. Septic systems must be maintained to prevent failure. b. No part of any individual septic system requiring on-land or in ground disposal of waste shall be located closer than 150 feet from the ordinary high water level in the case of DNR protected waters, or 25 feet from the wetland boundary in the case of all other water bodies, unless it is proven by the applicant that no effluent will immediately or gradually reach the water bodies because of existing physical characteristics of the site or the system. c. Recreational vehicle sewage shall be disposed of at a proper sanitary waste facility. Waste should not be discharged in an area where drainage to streets or storm sewer systems may occur. d. For pools, water shall be allowed to sit seven days without the addition of chlorine to allow for chlorine to evaporate before discharge. (2) Runoff of water from residential property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provisions in city codes. (3) Mobile washing companies (carpet cleaning, mobile vehicle washing, etc.) shall dispose of wastewater to the sanitary sewer. Wastewater shall not be discharged where drainage to streets or storm sewer systems may occur. (4) Storage of materials, machinery, and equipment a. Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. b. Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills, or discharges. (5) Debris and residue shall be removed, as noted below: a. All motor vehicle parking lots and private streets shall be swept, at a minimum of once a year in the spring to remove debris. Such debris shall be collected and properly disposed. Elk River, Minnesota, Code of Ordinances Page 6 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT b. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries shall be removed as soon as possible and disposed of properly. Hazardous waste must be disposed of at an appropriate disposal site and shall not be placed in a trash container. (d) Industrial or construction activity discharges. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city prior to the allowing of discharges to the storm sewer system. All facilities that have stormwater discharges associated with industrial activity, including construction activity must adhere to the following guidelines: (1) The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm sewer system or watercourses through the use of structural and non- structural BMPs. (2) Any person responsible for a property or premise, which is, the source of an illicit discharge, shall be required to implement, at said person's expense, additional structural and non- structural BMPs to prevent the further discharge of pollutants to the storm sewer system. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. (e) Construction and building site activity. Construction sites and landscaping projects are especially susceptible to erosion and pollution. For this reason, construction site operators must control waste such as discarded building materials, concrete truck washout, chemicals, petroleum products, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The developer shall be held responsible for adherence to these required prevention and control measures: (1) A designated area shall be provided on site for concrete truck washout. The area shall be constructed so as to contain washout material and be located at least 50 feet away from any storm drain inlet or receiving water during construction. Upon completion of construction activities the concrete washout material will be removed and properly disposed of prior to the area being restored. (2) The guidelines below should be followed concerning debris storage and disposal: a. Daily cleanup of construction site shall be performed to ensure that all litter is contained in an appropriate enclosure or container so as not to accumulate on the ground. b. Operators must keep solid waste materials in either a container or an enclosed waste collection area. c. Empty/unused chemical containers must be disposed of in accordance with label instructions. d. Potentially hazardous waste must be separated from non-hazardous waste. e. Recycling of waste materials is encouraged when possible. f. All construction site wastes must be disposed of at authorized disposal facilities. (3) Rock construction entrances shall be constructed at all city-approved entrances. Construction accesses not approved by the city should be adequately blocked to prevent unwanted traffic. a. Site access roads shall be graded or otherwise protected with silt fences, diversion channels, or dikes and pipes to prevent sediment from exiting the site via the access roads. Elk River, Minnesota, Code of Ordinances Page 7 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT b. Individual lots shall each be required to install and maintain a rock construction entrance throughout building construction until a dust free access has been installed. (4) Sanitary waste facilities shall be provided on site and be located as far from storm sewer inlets and receiving waters as practical on the construction site. (5) Chemicals, paint, petroleum, fertilizer, and pesticides must be stored in a covered enclosure and as far from receiving waters as practical on the construction site. (f) Notification of spills. Not withstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the storm sewer system, or water of the state said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the city no later than the next business day. (g) Access to buildings for inspection, monitoring and/or dye testing. (1) The city shall be permitted to enter and inspect all buildings under this article as often as may be necessary to determine compliance with this article. (2) Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, dye testing, examination and copying of records that relate to the discharge of stormwater. (3) The city shall have the right to set up at any building such devices as are necessary to conduct monitoring, sampling and/or dye testing of the facility's stormwater discharge. (4) The city has the right to require the discharger to install monitoring equipment as necessary. (5) Unreasonable delays in allowing the city access to a facility is a violation of this article. (6) If the city has been refused access to any part of the premises from which stormwater is discharged, and is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. (h) Suspension of storm sewer system access. (1) Suspension due to illicit discharges in emergency situations. The city may, without prior notice, suspend storm sewer system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm sewer system or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the storm sewer system or waters of the state, or to minimize danger to persons. (2) Suspension due to the detection of illicit discharge. Any person discharging to the storm sewer system in violation of this article may have their storm sewer system access terminated if such termination would abate or reduce an illicit discharge. A person commits an offense if the person reinstates storm sewer system access to premises terminated pursuant to this section, without the prior approval of the city. Elk River, Minnesota, Code of Ordinances Page 8 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT (Ord. No. 07-05, § 1, 6-18-2007) Sec. 30-2175. Post construction stormwater management. The purpose of this section is to comply with the state's goal of obtaining a pollutant loading water quality model that will provide, at minimum, changes in average annual flow volume, total suspended solids, and phosphorus. This modeling will be based on two time periods: from 1988 (1988-1990) to the present (2000-2005), and from the present to 2020 or ultimate development, whichever will occur first. (a) The applicant shall consider reducing the need for stormwater management performance standards by incorporating the use of natural topography and land cover. It shall also: 1. Minimize impact to significant natural features. 2. Review the site for wetlands, wooded areas of significance, rare and endangered species habitat, areas designated by the County Biological Survey (1993), and/or Elk River Natural Resource Inventory (NRI) (December 2004). These areas should not be developed. 3. Minimize impervious surface coverage to the maximum extent practicable. 4. In designated shoreland areas the development shall meet the impervious surface requirements of the shoreland ordinance regardless of conveyance systems. 5. Have a proposed design, suggested location and phased implementation of effective, practicable storm water management measures for plans designed, engineered and implemented to achieve the following results: a. Volume control. Designer shall be required to provide soil boring analysis to determine the infiltration rate prior to approval of plans. b. Phosphorus control. Stormwater shall be treated to remove 60 percent of the post- development phosphorus load on an annual basis before discharge to natural water bodies. Where water quality ponding is exclusively used to meet the phosphorus removal requirement, the ponds must be sized to store the site runoff from a two and one-half inch rainfall below the normal outlet elevation. c. Total suspended solids. Treatment also must achieve a 60 percent removal of suspended solids. d. Oil and grease control. For all storm water plans for commercial or industrial developments and all other uses where the potential for pollution by oil or grease, or both, exists, the first one-half inch of runoff will be treated using the best oil and grease removal technology available. This requirement may be waived by the city when the applicant can demonstrate that installation of such practices is not necessary. e. Runoff rate control. Refer to city's design standards. (b) All stormwater facilities shall be designed, installed and maintained to effectively accomplish the following: 1. Minimize predevelopment peak runoff rates for the two year, 24 hour storm event. 2. Minimize predevelopment peak runoff rates for the ten year, 24 hour storm event. At a minimum, the storm sewer system shall be designed for this storm event. Low areas must have an acceptable overland drainage route with the proper transfer capacity when the event is exceeded. 3. Minimize predevelopment peak runoff rates for the 100-year, 24-hour storm event. Elk River, Minnesota, Code of Ordinances Page 9 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT (c) Outlets. Discharges from new construction sites must have a stable outlet capable of carrying designed flow at a non-erosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to the storm sewer system or waterbody. Measures to trap floatables for energy dissipation must also be constructed. (d) Minimize impervious surface area and maximize infiltration. Where directed by the city and based on site feasibility, projects shall use existing natural drainage ways and vegetated soil surfaces to convey, store, filter, and retain stormwater runoff before discharge into public waters or a storm sewer system (permanent pool areas of wet ponds tend to lose infiltration capacity and will not be accepted as an infiltration practice). The applicant shall attempt to limit the impervious surface of the developed site or subdivision by incorporating the following design considerations, consistent with zoning, subdivision, and PUD requirements: 1. Natural vegetation preserved wherever practical. 2. Narrowing street widths. 3. Reducing parking lot space. 4. Sidewalk locations. 5. Reducing setbacks and driveways. 6. Maximizing open space while incorporating smaller lot sizes to conserve natural areas and reduce the amount of stormwater runoff generated at the site. 7. Using landscaping and soils to treat and infiltrate stormwater runoff. 8. Eliminate curb and gutter where practicable, and use vegetated swales or equivalent. 9. Look for vegetated areas that can filter sheet flow, removing sediment and other pollutants, and increasing the time of concentration. 10. Disconnect impervious areas by allowing runoff from small impervious areas to be directed to pervious areas where it can be infiltrated or filtered. 11. All runoff from downspouts, driveways and other impervious areas shall be directed to pervious surfaces, where feasible, or unless the applicant can demonstrate that the practice is likely to result in groundwater contamination. 12. Increase buffers around streams, steep slopes, and wetlands to protect from flood damage and provide additional water quality treatment. 13. Use shared parking facilities consistent with zoning requirements. 14. Install semi-permeable/permeable or porous paving. (e) Pond requirements. For all projects creating more than one acre of impervious surface, ponding shall be required. At a minimum all pond design specifications shall conform to the city's engineering design standards and the current requirements found in the NPDES construction permit. (f) Regional ponding. If the city determines the site is not suitable for on-site ponding, off-site stormwater management and associated fees may be established, provided that provisions are made to manage stormwater by an off-site facility, and provided that all of the following conditions for the off-site facility are met: 1. The facility is in place or the city has knowledge of future regional ponding on site; 2. The facility is designed and adequately sized to provide a level of stormwater control that at least meets the ordinance standards; Elk River, Minnesota, Code of Ordinances Page 10 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT 3. The city is satisfied that the facility has a legally obligated entity responsible for its long- term operation and maintenance. (g) Accepted alternative stormwater treatments. Alternative stormwater treatments, including but not limited to rain gardens and infiltration basins, may be installed and shall be reviewed and approved by the city. (h) Maintenance of private stormwater facilities. All private stormwater facilities shall be maintained by the owner in proper condition consistent with the performance standards for which they were originally designed. 1. All settled materials from sumps, grit chambers, and other devices, including settled solids, shall be removed and properly disposed of on an annual basis. One- to five-year waivers from this requirement may be granted by the city when the owner presents evidence that the facility has additional capacity to remove settled solids in accordance with the original design capacity. 2. Ponds shall be inspected at least once every five years to determine if settled materials should be removed. Settled materials shall be removed and properly disposed of when the pond is no longer functioning at the original design capacity. 3. When requested by the city, a maintenance plan must be provided that defines who will conduct the maintenance, the type of maintenance and the maintenance intervals of a private stormwater facility before the facility is approved. 4. All stormwater facilities must be designed to minimize the need for maintenance, to provide easy vehicle and personnel access for maintenance purposes, and be structurally sound. It shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the facilities for inspection or maintenance. 5. The city shall have the right to request and review inspection and maintenance records and shall have the right to perform an inspection of stormwater facilities at any time if the city has probable cause to believe that the facilities are not being properly maintained or inspected. (Ord. No. 07-05, § 1, 6-18-2007) Sec. 30-2176. Enforcement. (a) Notice of violation. (1) Upon discovering that a person has violated a prohibition or failed to meet a requirement of this section, under the provisions of this article the city administrator or designee shall serve a notice upon the owner of the property upon which the nuisance exists. Such notice shall be given by certified mail at the last known address as shown on the property tax records of the county. Such notice shall advise that a nuisance exists and require the property owner to abate the nuisance within a reasonable time, as established by the city administrator or designee and stated in the notice. Such time shall not be less than 14 days. Such notice may require without limitation: a. The performance of monitoring, analyses, and reporting; b. The elimination of illicit connections or discharges; c. That violating discharges, practices, or operations shall cease and desist; d. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and Elk River, Minnesota, Code of Ordinances Page 11 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VII. STORMWATER MANAGEMENT e. Payment of a fine to cover administrative and remediation costs; and f. The implementation of source control or treatment BMPs. (2) Such notice shall also advise the property owner of the right to request a hearing before the city administrator or designee to contest the contents of the notice. (3) If requested by the person upon whom the notice is served under subsection (a) of this section, a hearing before the city administrator or designee shall be held at which the person may contest the contents of the notice. The request for such a hearing must be made within five days after receipt of the notice provided for in subsection (a) of this section. After such hearing the city administrator or designee may affirm the notice, modify the notice or quash the notice. (4) If the property owner does not abate the nuisance as required by the notice provided for in subsection (a) of this section and has not requested a hearing before the city administrator or designee under subsection (2) of this section, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located. (5) If the property owner requests a hearing before the city administrator or designee under subsection (2) of this section, no abatement actions shall be taken until the hearing is held. If after the hearing the city administrator or designee affirms or modifies the notice and the nuisance is not abated as provided in the notice as affirmed or modified, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located. (6) Nothing in this section prevents abatement by the city of a public nuisance without notice and hearing in the case of an emergency in which there is an immediate and direct threat to the public health or safety. The expense of such an emergency abatement shall be collected as a special assessment against the property upon which the nuisance was located. (Ord. No. 07-05, § 1, 6-18-2007) Elk River, Minnesota, Code of Ordinances Page 12 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision I. In General Subdivision I. In General Sec. 30-1961. Definitions. Sec. 30-1962. Statutory authority. Sec. 30-1963. Purpose of division. Sec. 30-1964. Jurisdiction. Sec. 30-1965. Compliance with applicable regulations. Sec. 30-1966. Interpretation of division. Sec. 30-1967. Effect of division on existing easements, covenants or deed restrictions. Sec. 30-1968. Penalty. Secs. 30-1969-30-1980. Reserved. Sec. 30-1961. Definitions. The definitions in section 30-1 are applicable in this division. For the purpose of this division, unless specifically defined in section 30-1, words or phrases used in this division shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this division its most reasonable application. All distances, unless otherwise specified, shall be measured horizontally. (Code 1982, § 904.02(7)) Cross reference—Definitions generally, § 1-2. Sec. 30-1962. Statutory authority. This division is adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F, Minnesota Regulations parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462. (Code 1982, § 904.00(1)) Sec. 30-1963. Purpose of division. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of the state has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the city. Elk River, Minnesota, Code of Ordinances Page 1 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision I. In General (Code 1982, § 904.00(2)) Sec. 30-1964. Jurisdiction. The provisions of this division shall apply to the shorelands of the public water bodies as defined in section 30-1 and as classified in subdivision III of this division. Pursuant to Minnesota Regulations parts 6120.2500-6120.3900, no lake, pond, or flowage less than ten acres in size in municipalities need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the city council, be exempt from this division. (Code 1982, § 904.02(1)) Sec. 30-1965. Compliance with applicable regulations. The use of any shoreland of public waters, the size and shape of lots, the use, size, type and location of structures on lots, the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area, the cutting of shoreland vegetation, and the subdivision of land shall be in full compliance with the terms of this division and other applicable regulations. (Code 1982, § 904.02(2)) Sec. 30-1966. Interpretation of division. In their interpretation and application, the provisions of this division shall be held to be minimum requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (Code 1982, § 904.02(4)) Sec. 30-1967. Effect of division on existing easements, covenants or deed restrictions. It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this division imposes greater restrictions, the provisions of this division shall prevail. (Code 1982, § 904.02(6)) Sec. 30-1968. Penalty. Any violation of the provisions of this division or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses, shall constitute a misdemeanor and shall be punishable as outlined in section 30-576 and as defined by Minnesota Rules and state statutes. Violations of this division can occur regardless of whether or not a permit is required for a regulated activity pursuant to section 30-1982. (Code 1982, § 904.02(3)) Elk River, Minnesota, Code of Ordinances Page 2 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision I. In General Secs. 30-1969-30-1980. Reserved. Elk River, Minnesota, Code of Ordinances Page 3 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision II. Administration and Enforcement Subdivision II. Administration and Enforcement Sec. 30-1981. Generally. Sec. 30-1982. Development permit. Sec. 30-1983. Certificate of zoning compliance. Sec. 30-1984. Variances. Sec. 30-1985. Notifications to commissioner. Sec. 30-1986. Nonconformities. Secs. 30-1987-30-2000. Reserved. Sec. 30-1981. Generally. The city is responsible for the administration and enforcement of this division. (Code 1982, § 904.02(3)) Sec. 30-1982. Development permit. (a) A permit is required for the construction of buildings or building additions (including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by section 30-2023. Application for a permit shall be made to the building and zoning administrator on the forms provided. The application shall include the necessary information so that the building and zoning administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. (b) Permits shall stipulate that any identified nonconforming sewage treatment system, as defined by section 30-2028, shall be reconstructed or replaced in accordance with the provisions of this division. (Code 1982, § 904.04(1)) Sec. 30-1983. Certificate of zoning compliance. The building and zoning administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in section 30-1982. This certificate will specify that the use of land conforms to the requirements of this division. Any use, arrangement, or construction at variance with that authorized by the permit shall be deemed a violation of this division and shall be punishable as provided in section 30-1968. (Code 1982, § 904.04(2)) Elk River, Minnesota, Code of Ordinances Page 1 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision II. Administration and Enforcement Sec. 30-1984. Variances. (a) Authorized; criteria for granting. Variances may be considered for deviations from the strict application of the standards set forth in this division. Variances may only be granted in accordance with Minn. Stats. ch. 462, as applicable. A variance may not circumvent the general purposes and intent of this division. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. Variances may be granted subject to the findings and standards as required by subdivision II of division 2 of this article. Additionally, when considering a variance request in shoreland areas, the board of adjustments shall also consider the following: (1) Whether the property owner has reasonable use of the land without the variance; (2) Whether the property is used seasonally or yearround; (3) Whether the variance is being requested solely on the basis of economic considerations; and (4) The characteristics of development on adjacent properties. (b) Nonconforming sewage treatment systems. Additional standards for nonconforming sewage treatment systems are as follows: (1) For existing developments, the application for a variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. (2) The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system. (c) Action by board of adjustments. The board of adjustments shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the state department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in section 30-1985(b) shall also include the board of adjustment's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. (Code 1982, § 904.04(3)) Sec. 30-1985. Notifications to commissioner. (a) Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls shall be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivisions/plats. (b) A copy of approved amendments and subdivisions/plats and final decisions granting variances or conditional uses under local shoreland management controls shall be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. (Code 1982, § 904.04(4)) Elk River, Minnesota, Code of Ordinances Page 2 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision II. Administration and Enforcement Sec. 30-1986. Nonconformities. All legally established nonconformities as of the effective date of the ordinance from which this article is derived may continue, but they will be managed according to applicable state statutes and other regulations of the city for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: (1) Construction on nonconforming lots of record. a. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of subdivision IV of this division may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, the lot was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this division are met. b. If setback requirements cannot be met, a variance shall be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustments shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. c. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of section 30-2021, the lot shall not be considered as a separate parcel of land for the purposes of sale or development. The lot shall be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of section 30-2021 as much as possible. (2) Additions or expansions to nonconforming structures. a. All additions or expansions to the outside dimensions of an existing nonconforming structure shall meet the setback, height, and other requirements of subdivision IV of this division. Any deviation from these requirements shall be authorized by a variance pursuant to section 30-1984 b. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high-water level if all of the following criteria and standards are met: 1. The structure existed on the date the structure setbacks were established; 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high-water level setback of the structure; 3. The deck encroachment toward the ordinary high-water level does not exceed 15 percent of the existing setback of the structure from the ordinary high-water level or does not encroach closer than 30 feet, whichever is more restrictive; and 4. The deck is constructed primarily of wood, and is not roofed or screened. (3) Nonconforming sewage treatment systems. A sewage treatment system not meeting the requirements of section 30-2028 shall be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if Elk River, Minnesota, Code of Ordinances Page 3 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision II. Administration and Enforcement the only deficiency is the sewage treatment system's improper setback from the ordinary high- water level. (Code 1982, § 904.10) Secs. 30-1987-30-2000. Reserved. FOOTNOTE(S): --- (24)--- Cross reference—Administration, ch. 2. Back Elk River, Minnesota, Code of Ordinances Page 4 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision III. Shoreland Classification System and Land Use Districts Subdivision III. Shoreland Classification System and Land Use Districts Sec. 30-2001. Shoreland classification system. Sec. 30-2002. Shoreland overlay district. Secs. 30-2003-30-2020. Reserved. Sec. 30-2001. Shoreland classification system. (a) Criteria. The public waters of the city have been classified as provided in this section consistent with the criteria found in Minnesota Regulations part 6120.3300, and the Protected Waters Inventory Map for Sherburne County, Minnesota, on file with the county administrative offices. (b) Shoreland area. The shoreland area for the water bodies listed in this section shall be as defined in section 30-1 and as shown on an overlay map which is available at city hall. (c) Lakes. (1) Natural environmental lakes. Natural Environmental Lakes Protected Waters Inventory LD No. a. Twin Lake 71-1p ISection 24,Township 33, Range 26 b. Kliever Marsh 72-3w (Sections 1 and 2,Township 32, Range 26 C. lUnnamed 71-4 Section 2,Township 33, Range 26 d. Unnamed 71-5w Section 12,Township 33, Range 26 F Unnamed 7106 Sections 12 and 13,Township 33, Range 26 Elk River, Minnesota, Code of Ordinances Page 1 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision III. Shoreland Classification System and Land Use Districts f. Unnamed 71-7w Section 1,Township 33, Range 26 g. Eagle Lake 71-8 Sections 13 and 14,Township 33, Range 26 h. lUnnamed 71-9 Sections 16 and 17,Township 33, Range 26 i. lUnnamed 71-11w Section 23,Township 33, Range 26 j. Rice Lake 71-15 Section 4,Township 33, Range 26 7 Unnamed 71-171w Section 15,Township 33, Range 26 1 Unnamed 71-238w Section 25,Township 33, Range 26 m. Unnamed 71-241 Section 14,Township 33, Range 26 n Unnamed 71-265 Section 20,Township 33, Range 26 F- 0. Unnamed 71-280 Section 7,Township 33, Range 26 P. Unnamed 71-368w Section 12,Township 33, Range 26 V (2) General development lakes. Elk River, Minnesota, Code of Ordinances Page 2 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision III. Shoreland Classification System and Land Use Districts General Development Lakes Protected Waters Inventory I.D. No. (Orono Lake 71-13 Sections 29 to 33,Township 33, Range 26 (d) Rivers and streams. (1) Urban rivers. Urban Rivers Legal Description I Elk River I From: North section line, Section 22,Township 33, Range 27 To: Confluence with Mississippi River, Section 4,Township 32, Range 26 (2) Tributary streams. FTStreams Legal Description a. Trott Brook From: Section 2,Township 33, Range 26 To: Section 12,Township 32, Range 26 b. I Unnamed to Orono Lake From: Section 20,Township 33, Range 26 To: Section 32,Township 33, Range 26 c. Tibbits Brook From: Section 5,Township 33, Range 26 To: Section 6,Township 33, Range 26 Elk River, Minnesota, Code of Ordinances Page 3 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision III. Shoreland Classification System and Land Use Districts (3) Wild and scenic rivers. Mississippi River(see division 13 of this article). (Code 1982, § 904.06(1)) Sec. 30-2002. Shoreland overlay district. (a) Purpose. The purpose of the shoreland overlay district is to provide for the wise development of the shorelands of the city, to preserve and enhance the quality of surface waters, and to preserve the economic and natural values of shoreland areas. (b) Overlay concept. The shoreland areas of the city shall be treated as an overlay district. All permitted, conditional and prohibited uses as specified by the applicable underlying zoning district shall apply. These districts are shown on the zoning map, and the uses are described in divisions 6 through 9 of this article. In addition, land use patterns within the shoreland areas shall be consistent with the city's growth management plan. (c) Rezoning of land within shoreland areas. In reviewing proposals to rezone any land located within shoreland areas, the city shall ensure that the proposed zoning district is consistent with the following criteria, considerations, and objectives: (1) General considerations and criteria for all land uses are as follows: a. Preservation of natural areas; b. Present ownership and development of shoreland areas; c. Shoreland soil types and their engineering capabilities; d. Topographic characteristics; e. Vegetative cover; f. In-water physical characteristics, values, and constraints; g. Recreational use of the surface water; h. Road and service center accessibility; i. Socioeconomic development needs and plans as they involve water and related land resources; j. The land requirements of industry which, by its nature, requires location in shoreland areas; and k. The necessity to preserve and restore certain areas having significant historical or ecological value. (2) Factors and criteria for planned unit developments are as follows: a. Existing recreational use of the surface waters and likely increases in use associated with planned unit developments; b. Physical and aesthetic impacts of increased density; c. Suitability of lands for the planned unit development approach; Elk River, Minnesota, Code of Ordinances Page 4 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision III. Shoreland Classification System and Land Use Districts d. Level of current development in the area; and e. Amounts and types of ownership of undeveloped lands. (Code 1982, § 904.06(2)) Secs. 30-2003-30-2020. Reserved. Elk River, Minnesota, Code of Ordinances Page 5 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions Subdivision IV. Zoning and Water Supply/Sanitary Restrictions Sec. 30-2021. Lot area and width standards. Sec. 30-2022. Placement, design and height of structures. Sec. 30-2023. Shoreland alterations. Sec. 30-2024. Placement and design of roads, driveways and parking areas. Sec. 30-2025. Stormwater management. Sec. 30-2026. Commercial, industrial, public, semipublic, agricultural, forestry and extractive uses. Sec. 30-2027. Conditional uses. Sec. 30-2028. Water supply and sewage treatment. Secs. 30-2029-30-2040. Reserved. Sec. 30-2021. Lot area and width standards. The following standards shall apply to all shorelands of the protected waters listed in subdivision III of this division. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth in this section, the more restrictive standards shall apply. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of the ordinance from which this article is derived for the lake and river/stream classifications shall be as follows: (1) Lakes (unsewered areas). a. Natural environment. Riparian Lots Nonriparian Lots Area Width Area Width (acres) (acres) (feet) S ge 2-% 200 2-% 200 b. General development. Elk River, Minnesota, Code of Ordinances Page 1 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions Riparian Lots I Nonriparian Lots Area Width Area Width (acres) (acres) (feet) Single 1 160 1 160 (2) Lakes (sewered areas) c. General development. -1 Riparian Lots Nonriparian Lots —A Width Area Width Y (square feet) y(feet) (square feet) (feet) I Single 15,000 80 10,000 80 Duplex 26,000 135 17,500 135 1 1 Triplex 38,000 195 25,000 190 I Quad 49,000 255 32,500 245 d. Natural environment. Riparian Lots Nonriparian Lots Area Width Area Width (square feet) (feet) (square feet) (feet) Elk River, Minnesota, Code of Ordinances Page 2 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions Single 40,000 125 120,000 125 i Double 70,000 225 35,000 220 Triplex 100,000 325 52,000 315 Quad 130,000 425 65,000 410 (3) Rivers and streams. There are no minimum lot size requirements for rivers and streams except as specified in the underlying zoning district. The lot width standards for single-family residential developments shall be as follows: Urban rivers and tributary streams: No Sewer Sewer (feet) (feet) Single 160 80 (4) Additional special provisions. a. Applicability of standards; planned unit developments. Residential subdivisions with dwelling unit densities exceeding those in the tables in this section may only be allowed if designed and approved as residential planned unit developments under section 30-2042 and divisions 6 through 9 of this article. Only land above the ordinary high-water level of public waters may be used to meet lot area standards, and lot width standards shall be met at both the ordinary high-water level and at the building line. The sewered lot area dimensions in this section may only be used if a publicly owned sewer system is available to the property. b. Controlled access or recreational lots. Lots intended as controlled accesses to public waters or as recreation areas for use by only the owners of nonriparian lots within subdivisions are permissible and shall meet or exceed the following standards: 1. Lots shall meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots. Elk River, Minnesota, Code of Ordinances Page 3 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions 2. If docking, mooring, or over-water storage of more than six watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) shall be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table: CONTROLLED ACCESS LOT FRONTAGE REQUIREMENTS Ratio of Lake Size to Shore Length Required (acres/mile) Increase in Frontage (percent) Less than 100 25 100-200 20 201-300 15 301-400 10 Greater than 400 5 3. Lots shall be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot. 4. Recorded covenants or other equally effective legal instruments that specify which lot owners have authority to use the access lot and what activities are allowed are required. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They shall also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant-conflict activities include swimming, sunbathing, or picnicking. The covenants shall limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water and shall require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They shall also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. (Code 1982, § 904.08(1); Ord. No. 01-14, § 1, 10-15-2001; Ord. No. 05-09, § 3, 4-4-2005) Elk River, Minnesota, Code of Ordinances Page 4 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions Sec. 30-2022. Placement, design and height of structures. (a) Placement of structures on lots. When more than one setback applies to a site, structures and facilities shall be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high-water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows: (1) Setbacks from ordinary high-water level. Structure and on-site sewage system setbacks from the ordinary high-water level shall be as follows: Structures Classes of Public Waters Unsewered Sewered Sewage (feet) (feet) Treatment System (feet) Lakes: Natural environment 150 150 150 General development 75 50 50 R�s: `Urban and tributary 1100 50 75 I I One water-oriented accessory structure designed in accordance with subsection (b) of this section may be set back a minimum distance of ten feet from the ordinary high-water level. (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: a. Setback from top of bluff: 30 feet. b. Setback from unplatted cemetery; 50 feet. Elk River, Minnesota, Code of Ordinances Page 5 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions (3) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones. (4) Uses without water-oriented needs. Commercial, industrial, public and semipublic uses without water-oriented needs shall be located on lots or parcels without public waters frontage or, if located on lots or parcels with public waters frontage, shall either be set back double the normal ordinary high-water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (b) Design criteria for structures. (1) Flood protection elevations. Structures shall be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed shall be determined as follows: a. For lakes, the elevation shall be determined by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high-water level, whichever is higher. b. For rivers and streams, the elevation shall be determined by placing the lowest floor at least three feet above the highest known water level. c. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined pursuant to this subsection (b)(1) if the structure is constructed of flood resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. (2) Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in subsection (a) of this section if this water-oriented accessory structure complies with the following provisions: a. The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point. b. The setback of the structure or facility from the ordinary high-water level shall be at least ten feet. c. The structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions. d. The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area. e. The structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. f. As an alternative for general development water bodies, water-oriented accessory structures used solely for watercraft storage, including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. (3) Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore area. Elk River, Minnesota, Code of Ordinances Page 6 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions If stairways, lifts, and landings meet the following design requirements they shall not be considered a water-oriented accessory structure; however, they may be required to receive a building permit: a. Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments; b. Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open space recreational properties, and planned unit developments; c. Canopies or roofs are not allowed on stairways, lifts, or landings; d. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; e. Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical; and f. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subsections (b)(3)a through e of this section are complied with in addition to the requirements of Minnesota Regulations chapter 1340. (4) Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. (5) Steep slopes. The building and zoning administrator shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. (c) Height of structures. All structures in city residential districts, except churches and nonresidential agricultural structures, shall not exceed 30 feet in height. (Code 1982, § 904.08(2)) Sec. 30-2023. Shoreland alterations. (a) Generally. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (b) Vegetation alterations. (1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by section 30-2024 are exempt from the vegetation alteration standards in this subsection. Elk River, Minnesota, Code of Ordinances Page 7 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions (2) Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in section 30-2026(b)and (c), is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on sleep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas may be permitted as a conditional use subject to the standards set forth in section 30-2027 if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: 1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; 2. Along rivers, existing shading of water surfaces is preserved; and 3. These provisions are not applicable to the removal of trees, limbs, or branches that are dead or diseased or pose safety hazards. (c) Topographic alterations (grading and filling). (1) Notwithstanding subsections (2) and (3) of this subsection, a grading and filling permit shall be required for the movement of more than 100 square feet of material one foot in depth. (2) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section shall be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. (3) Public roads and parking areas are regulated by section 30-2024 (4) The following considerations and conditions shall be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: a. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland shall be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: 1. Sediment and pollutant trapping and retention: 2. Storage of surface runoff to prevent or reduce flood damage; 3. Fish and wildlife habitat; 4. Recreational use; 5. Shoreline or bank stabilization; and 6. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. Elk River, Minnesota, Code of Ordinances Page 8 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the state department of natural resources, or the United States Army Corps of Engineers. The applicant will be so advised. b. Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. c. Mulches or similar materials shall be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover shall be established as soon as possible. d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used. e. Altered areas shall be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. f. Fill or excavated material shall not be placed in a manner that creates an unstable slope. g. Plans to place fill or excavated material on steep slopes shall be reviewed by qualified professionals for continued slope stability and shall not create finished slopes which are greater than 4 to 1 (four feet horizontal to one foot vertical). h. Fill or excavated material shall not be placed in bluff impact zones. i. Any alterations below the ordinary high-water level of public waters shall first be authorized by the commissioner under Minn. Stats. § 105.42. j. Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. k. Placement of natural rock riprap and placement of a filter blanket shall be allowed without a permit if the finished slope does not exceed four feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high-water level and does not extend five feet below the ordinary high-water level, and the height of the riprap above the ordinary high-water level does not exceed three feet. A permit shall be required for placement of riprap which exceeds these standards. (Code 1982, § 904.08(3)) Sec. 30-2024. Placement and design of roads, driveways and parking areas. (a) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (b) Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones. (c) Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones, provided the vegetative screening and erosion control Elk River, Minnesota, Code of Ordinances Page 9 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions conditions of this division are met. For private facilities, the grading and filling provisions of section 30-2023(c)shall be met. (Code 1982, § 904.08(4)) Sec. 30-2025. Stormwater management. The following general and specific standards shall apply to stormwater management: (1) General standards. a. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. b. Development shall be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, and erosion potential, and reduce and delay runoff volumes. Disturbed areas shall be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. (2) Specific standards. a. Impervious surface coverage of lots shall not exceed 25 percent of the lot area. In lieu of meeting this impervious surface requirement, a property may submit a stormwater drainage plan to the city for review and approval which restricts the developed five-year frequency event peak discharge to a rate no greater than the five-year historic undeveloped peak discharge. To the maximum extent possible, the drainage plan must also provide for methods of runoff settlement and/or filtration prior to discharge to the receiving water. b. When constructed facilities are used for stormwater management, documentation shall be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. c. New constructed stormwater outfalls to public waters shall provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (Code 1982, § 904.08(5)) Sec. 30-2026. Commercial, industrial, public, semipublic, agricultural, forestry and extractive uses. (a) Standards for commercial, industrial, public, and semipublic uses. Surface-water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs shall meet the following standards: Elk River, Minnesota, Code of Ordinances Page 10 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions (1) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this division, the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures. (2) Uses that require short-term watercraft mooring for patrons shall centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. (3) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the provisions of the sign regulations of this article and the following general standards: a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff. b. No signs may be placed within the shore impact zone or bluff impact zone. c. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. (b) Agricultural use standards. Standards for agricultural uses are as follows: (1) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management system) consistent with the field office technical guides of the local soil and water conservation district or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high-water level. (2) Animal feedlots shall meet the following standards: a. New feedlots shall not be located in the shoreland of watercourses or in bluff impact zones and shall meet a minimum setback of 300 feet from the ordinary high-water level of all public waters basins; and b. Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high-water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high-water level setback or encroach on bluff impact zones. (c) Forest management standards. The harvesting of timber and associated reforestation shall be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment— Forestry and the provisions of Water Quality in Forest Management, 'Best Management Practices in Minnesota," a copy of which is available through the state department of natural resources. (d) Extractive use standards. The following standards shall apply to extractive uses: (1) Site development and restoration plan. An extractive use site development and restoration plan shall be developed, approved, and followed over the course of operation of the site, pursuant to chapter 42, article ll. The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It shall also identify actions to be taken during operation to mitigate adverse environmental impacts, Elk River, Minnesota, Code of Ordinances Page 11 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions particularly erosion, and shall clearly explain how the site will be rehabilitated after extractive activities end. (2) Setbacks for processing machinery. Processing machinery shall be located consistent with setback standards for structures from ordinary high-water levels of public waters and from bluffs. (Code 1982, § 904.08(6)) Sec. 30-2027. Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses as set forth in subdivision III of division 2 of this article. The following additional evaluation criteria and conditions shall be considered in evaluating conditional use permit requests within shoreland areas: (1) Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site shall be made to ensure that: a. Soil erosion or other possible pollution of public waters is prevented, both during and after construction; b. The visibility of structures and other facilities as viewed from public waters is limited; c. The site is adequate for water supply and on-site sewage treatment; and d. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. (2) Conditions. The city, upon consideration of the criteria listed in subsection (1)of this section and the purposes of this division, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this division. Such conditions may include, but are not limited to, the following: a. Increased setbacks from the ordinary high-water level; b. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and c. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. (Code 1982, § 904.08(7)) Sec. 30-2028. Water supply and sewage treatment. (a) Water supply. Any public or private supply of water for domestic purposes shall meet or exceed standards for water quality of the state department of health and the state pollution control agency. (b) Sewage treatment. Any premises used for human occupancy shall be provided with an adequate method of sewage treatment, as follows: (1) Publicly owned sewer systems shall be used where available. (2) All private sewage treatment systems shall meet or exceed the state pollution control agency's standards for individual sewage treatment systems contained in the document titled "Individual Elk River, Minnesota, Code of Ordinances Page 12 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision IV. Zoning and Water Supply/Sanitary Restrictions Sewage Treatment Systems Standards, Chapter 7080," a copy of which is hereby adopted by reference and declared to be a part of this division. (3) On-site sewage treatment systems shall be set back from the ordinary high-water level in accordance with the setbacks contained in section 30-2022(a). (4) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subsections (b)(1) through (4) of this section. It shall be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations. Evaluation criteria are as follows: a. Depth to the highest known or calculated groundwater table or bedrock. b. Soil conditions, properties, and permeability. c. Slope. d. The existence of lowlands, local surface depressions, and rock outcrops. (5) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 30-1986(3). (Code 1982, § 904.08(8)) Secs. 30-2029-30-2040. Reserved. Elk River, Minnesota, Code of Ordinances Page 13 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision V. Restrictions and Requirements Subdivision V. Restrictions and Requirements Sec. 30-2041. Subdivisions and platting. Sec. 30-2042. Planned unit developments. Secs. 30-2043-30-2070. Reserved. Sec. 30-2041. Subdivisions and platting. (a) Land suitability. Each lot created through subdivision, including planned unit developments authorized under section 30-2042, shall be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the city shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. (b) Conformance with subdivision controls. Subdivisions shall conform to all official controls of the city. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with sections 30-2022 and 30-2028 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of section 30-2021, including at least a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks shall not be approved. (c) Information requirements. Sufficient information shall be submitted by the applicant according to section 30-353 for the city to make a determination of land suitability. In addition, the following information shall be provided in shoreland districts: (1) Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot, from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; (2) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; (3) Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and (4) A line or contour representing the ordinary high-water level as established by the state department of natural resources, the toe and the top of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. Elk River, Minnesota, Code of Ordinances Page 1 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision V. Restrictions and Requirements (d) Dedications. When a land or easement dedication is a condition of subdivision approval, the approval shall provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. (e) Controlled access or recreational lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by non-riparian lots within a subdivision shall meet or exceed the sizing criteria in section 30-2021(4). (Code 1982, § 904.12) Sec. 30-2042. Planned unit developments. (a) Permissible types of development. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. (b) Approval procedure. Planned unit developments shall be processed as a conditional use pursuant to this article. If an EAW or EIS is required, approval of the PUD cannot occur until the environmental review process is complete. (c) Application. The applicant for a PUD shall submit the following documents as a part of the application: (1) A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided) and topographic contours at two-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat shall indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two. (2) A property owners' association agreement (for residential PUDs) with mandatory membership, in accordance with the requirements of subsection (e)(3)of this section. (3) Deed restrictions, covenants, permanent easements or other instruments that: a. Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and b. Ensure the longterm preservation and maintenance of open space in accordance with the criteria and analysis specified in subsection (e)of this section. (4) When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied. (5) Those additional documents as requested by the building and zoning administrator that are necessary to explain how the PUD will be designed and will function. (d) Site "suitable area"evaluation. Proposed new planned unit developments or expansions to existing planned unit developments shall be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation under subsections (e)and (f)of this section: Elk River, Minnesota, Code of Ordinances Page 2 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision V. Restrictions and Requirements (1) The project parcel shall be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high-water level at the following intervals, proceeding landward: SHORELAND TIER DIMENSIONS Unsewered Sewered (feet) (feet) General development lakes—first tier 200 200 General development lakes—second and additional tiers 267 200 Natural environment lakes 400 320 All river classes 300 300 (2) The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high-water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. (e) Residential PUD density evaluation. The procedures for determining the base density of a residential PUD and density increase multipliers are as follows: (1) Residential PUD base density evaluation. a. The suitable area within each tier is divided by the single residential lot size standard to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential planned unit development are then compared with the tier, density, and suitability analyses in this section and the design criteria in subsection (e)(2)of this section. b. A determination is made as to whether the project is eligible for any density increases. To be eligible, projects shall meet all of the design standards in subsection (e)(2) of this section and exceed one or more of them. The city may decide how much, if any, increase in density to allow for each tier, but shall not exceed the maximum allowable density increases listed in the following table: MAXIMUM ALLOWABLE DWELLING UNIT OR SITE DENSITY INCREASES FOR RESIDENTIAL PLANNED UNIT DEVELOPMENTS Density Evaluation Tier Maximum Density Increase Within Each Tier (percent) Elk River, Minnesota, Code of Ordinances Page 3 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision V. Restrictions and Requirements First 50 Second 100 Third 200 Fourth 200 Fifth 200 Allowable densities may be transferred from any tier to any other tier further from the shoreland lake or river, but shall not be transferred to any other tier closer. (2) Design criteria. The design criteria are as follows: a. All residential planned unit developments shall contain at least five dwelling units or sites. b. Residential planned unit developments shall contain open space meeting all of the following criteria: 1. At least 50 percent of the total project area shall be preserved as open space. 2. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space. 3. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries. 4. Open space may include outdoor recreational facilities for use by owners of the dwelling units or sites, or the public. 5. The shore impact zone, based on normal structure setbacks, shall be included as open space. At least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments shall be preserved in its natural or existing state. 6. Open space shall not include commercial facilities or uses, but may contain water- oriented accessory structures or facilities. 7. The appearance of open space areas, including topography, vegetation, and allowable uses, shall be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means. Elk River, Minnesota, Code of Ordinances Page 4 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision V. Restrictions and Requirements 8. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems. c. Centralization and design of facilities and structures shall be done according to the following standards: 1. Residential planned unit developments shall be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems shall be centralized and designed and installed to meet or exceed applicable standards or rules of the state department of health and sections 30-2022 and 30- 2028. On-site sewage treatment systems shall be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors shall be provided for a replacement soil treatment system for each sewage system. 2. Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high-water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high-water level shall be increased for developments with density increases. Maximum density increases may only be allowed if structure setbacks from the ordinary high-water level are increased to at least 50 percent greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the city and the setback is at least 25 percent greater than the minimum setback. 3. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, shall be centralized and located in areas suitable for them. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers. 4. Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the city, assuming summer, leaf-on conditions. 5. Water-oriented accessory structures and facilities may be allowed if they meet or exceed the design standards contained in section 30-2022 and are centralized. 6. Accessory structures and facilities may be allowed if they meet or exceed the standards in subdivision IV of this division and are centralized. d. Erosion control and stormwater management for residential planned unit developments shall: 1. Be designed, and their construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This shall be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate Elk River, Minnesota, Code of Ordinances Page 5 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision V. Restrictions and Requirements techniques shall be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant. 2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. (3) Administration and maintenance requirements. Before final approval of all residential planned unit developments, the city shall ensure adequate provisions have been developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development as a community. a. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure longterm preservation and maintenance of open space. The instruments shall include all of the following protections: 1. Commercial uses are prohibited; 2. Vegetation and topographic alterations other than routine maintenance are prohibited; 3. Construction of additional buildings or storage of vehicles and other materials are prohibited; and 4. Uncontrolled beaching is prohibited. b. All residential planned unit developments shall use an owners' association with the following features: 1. Membership shall be mandatory for each dwelling unit or site purchaser and any successive purchasers. 2. Each member shall pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites. 3. Assessments shall be adjustable to accommodate changing conditions. 4. The association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. (4) Conversions. The city may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met: a. Proposed conversions shall be initially evaluated using the same procedures and standards presented in this division for developments involving all new construction. Inconsistencies between existing features of the development and these standards shall be identified. b. Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities shall be corrected as part of the conversion or as specified in the conditional use permit. c. Shore and bluff impact zone deficiencies shall be evaluated and reasonable improvements made as part of the conversion. These improvements shall include, where applicable, the following: 1. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; and Elk River, Minnesota, Code of Ordinances Page 6 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision V. Restrictions and Requirements 2. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water. If existing dwelling units are located in shore or bluff impact zones, conditions shall be attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions shall also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. d. Existing dwelling unit or dwelling site densities that exceed the standards in this division may be allowed to continue but shall not be allowed to be increased, either at the time of conversion or in the future. Efforts shall be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. (f) Commercial planned unit developments. The density evaluation steps and design criteria for commercial planned unit developments are as follows: (1) Density evaluation steps. Density evaluation steps are as follows: a. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space. b. Select the appropriate floor area ratio from the following table: COMMERCIAL PLANNED UNIT DEVELOPMENT FLOOR AREA RATIOS* PUBLIC WATERS CLASSES Average Unit Sewered Development—Lakes, General Additional Tiers on Second Natural Floor Area Urban,Tributary River Segments Unsewered General Environment Lakes (square feet) Development Lakes 200 0.040 0.020 0.010 F;0o 0.048 0.024 0.012 400 0.056 0.028 0.014 500 `0.065 0.032 0.016 600 1 0.072 0.038 0.019 700 0.082 0.042 �0.021 Elk River, Minnesota, Code of Ordinances Page 7 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision V. Restrictions and Requirements 800 0.091 0.046 10.023 900 0.099 0.050 I`0.025 1,000 0.108 0.054 0.027 1,100 0.116 0.058 0.029 1,200 0.125 0.064 0.032 1,300 0.133 0.068 0.034 1,400 0.142 0.072 0.036 1,500 0.150 0.075 0.038 *For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or, if unknown, the ratio listed for 1,000 square feet. c. Multiply the useable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. d. Divide the area computed under subsection (f)(1)c of this section by the average determined under subsection (f)(1)a of this section. This yields a base number of dwelling units and sites for each tier. e. Determine whether the project is eligible for any additional density increases. To be eligible, projects shall meet all of the design standards in subsection (f)(2) of this section and exceed one or more of them. The city may decide how much, if any, increase in density to allow for each tier, but shall not exceed the maximum allowable density increases listed in the following table: MAXIMUM ALLOWABLE DWELLING UNIT OR SITE DENSITY INCREASES FOR COMMERCIAL PLANNED UNIT DEVELOPMENTS Tier Maximum Density Increase Within Each Tier (percent) Elk River, Minnesota, Code of Ordinances Page 8 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision V. Restrictions and Requirements First 50 Second 100 Third 200 Fourth 200 Fifth 200 f. Allowable densities may be transferred from any tier to any other tier further from the shoreland lake or river, but shall not be transferred to any other tier closer. (2) Design criteria. The design criteria are as follows: a. Commercial planned unit developments shall contain open space meeting all of the following criteria: 1. At least 50 percent of the total project area shall be preserved as open space. 2. Dwelling units or sites, road rights-of-way, or land covered by road surfaces or parking areas, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of open space. 3. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries. 4. All shore impact zones within commercial planned unit developments shall be included as open space, and at least 50 percent of these areas shall be preserved in their natural or existing state. 5. Open space may include outdoor recreation facilities for use by guests staying in dwelling units or sites, or the public. 6. Open space may include subsurface sewage treatment systems if use of the space is restricted to avoid adverse impacts on the systems. b. Design of structures and facilities shall be done according to the following standards: 1. Commercial planned unit developments shall be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems shall be designed and installed to meet or exceed applicable rules of the state department of health and sections 30-2022 and 30-2028. On-site sewage treatment systems shall be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors shall be provided for a replacement soil treatment system for each sewage system. Elk River, Minnesota, Code of Ordinances Page 9 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 12. -SHORELAND MANAGEMENT Subdivision V. Restrictions and Requirements 2. Dwelling units or sites shall be located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high-water level, elevation above surface water features, and maximum height. Maximum density increases may only be allowed if structure setbacks from the ordinary high-water level are increased to at least 50 percent greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography or other means acceptable to the city and the setback is at least 25 percent greater than the minimum setback. 3. Structures, parking areas, and other facilities shall be designed and located in a manner that minimizes their visibility from surface water features, assuming summer, leaf-on conditions. The structure, dwelling unit, accessory structure, or parking area shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the city, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided. 4. Water-oriented accessory structures and facilities may be located within shore impact zones if they meet or exceed design standards contained in section 30-2022 5. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, shall be centralized and located in areas suitable for them. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of watercraft allowed to be continuously beached, moored, or docked shall not exceed one for each allowable dwelling unit or site in the first tier, notwithstanding existing mooring sites in an existing harbor. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers. c. Erosion control and stormwater management facilities for commercial planned unit developments shall: 1. Be designed, and their construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This shall be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques shall be used to minimize erosion impacts on surface water features. Erosion control plans approved by the soil and water conservation district may be required if project size and site physical characteristics warrant. 2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier shall not exceed 25 percent of the tier area, except that 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with section 30-2023 (Code 1982, § 904.14) Secs. 30-2043-30-2070. Reserved. Elk River, Minnesota, Code of Ordinances Page 10 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 11. - FLOODPLAIN MANAGEMENT Subdivision IV. Other Restrictions Subdivision IV. Other Restrictions Sec. 30-1931. Subdivisions. Sec. 30-1932. Public utilities. Sec. 30-1933. Roads, bridges and railroad tracks. Sec. 30-1934. On-site sewage treatment and water supply systems. Sec. 30-1935. Manufactured homes and manufactured home parks; placement of travel trailers and travel vehicles. Secs. 30-1936-30-1960. Reserved. Sec. 30-1931. Subdivisions. (a) Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding or inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this division and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. (b) Removal of special flood hazard area designation. The Federal Emergency Management Agency has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. The Federal Emergency Management Agency's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (Code 1982, § 902.10; Ord. No. 11-05, § 26, 10-17-2011) Sec. 30-1932. Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to above the regulatory flood protection elevation. (Code 1982, § 902.12(1)) Sec. 30-1933. Roads, bridges and railroad tracks. Railroad tracks, roads, and bridges to be located within the floodplain shall comply with sections 30- 1912 and 30-1913. Elevation to the regulatory flood protection elevation shall be provided where failure or Elk River, Minnesota, Code of Ordinances Page 1 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 11. - FLOODPLAIN MANAGEMENT Subdivision IV. Other Restrictions interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (Code 1982, § 902.12(2)) Sec. 30-1934. On-site sewage treatment and water supply systems. Where public utilities are not provided, on-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems, and new or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section. (Code 1982, § 902.12(3)) Sec. 30-1935. Manufactured homes and manufactured home parks; placement of travel trailers and travel vehicles. (a) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by section 30-1931 (b) The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure, and they may be placed only if elevated in compliance with section 30-1913. If vehicular road access for preexisting manufactured home parks is not provided in accordance with subsection 30- 1913(f)(1), then replacement manufactured homes will not be allowed until the property owner develops a flood warning emergency plan acceptable to the city council. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (c) Recreational vehicles that do not meet the exemption criteria specified in subsection (c)(1) of this section shall be subject to the provisions of this division and as specifically spelled out in subsections (c)(3) and (4) of this section. (1) Recreational vehicles are exempt from the provisions of this division if they are placed in any of the areas listed in subsection (c)(2)of this section and further if they meet the following criteria: a. The recreational vehicle shall have current licenses required for highway use. b. The recreational vehicle shall be highway ready, meaning on wheels or the internal jacking system, be attached to the site only by quick-disconnect type utilities commonly used in campgrounds and trailer parks, and have no permanent structural type additions attached to it. c. The recreational vehicle and associated use shall be permissible in any preexisting underlying zoning use district. Elk River, Minnesota, Code of Ordinances Page 2 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 11. - FLOODPLAIN MANAGEMENT Subdivision IV. Other Restrictions (2) The following areas are exempted for placement of recreational vehicles: a. Individual lots or parcels of record. b. Existing commercial recreational vehicle parks or campgrounds. c. Existing condominium type associations. (3) Recreational vehicles, exempted under subsections (c)(1) and (c) (2) of this section lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/floodproofing requirements and the use of land restrictions specified in sections 30-1912 and 30-1913. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. (4) New commercial recreational vehicle parks or campgrounds and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following: a. Any new or replacement recreational vehicle will be allowed in the floodway or flood fringe districts, provided the recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with subsection 30-1913(f)(1). No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood. b. All new or replacement recreational vehicles not meeting the criteria of subsection (c)(4)a. of this section may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of section 30-1914. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. The plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of subsection(c)(1) of this section will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with section 30-1934 (Code 1982, § 902.14; Ord. No. 11-05, § 27, 10-17-2011) Secs. 30-1936-30-1960. Reserved. Elk River, Minnesota, Code of Ordinances Page 3 - CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 10.5. WETLAND BUFFERING REQUIREMENTS DIVISION 10.5. WETLAND BUFFERING REQUIREMENTS Sec. 30-1850. Purpose. Sec. 30-1851. General provisions. Sec. 30-1852. Performance standards. Sec. 30-1853. Vegetation standards. Sec. 30-1854. Variances. Secs. 30-1855-30-1860. Reserved. Sec. 30-1850. Purpose. To promote the general health, safety, and welfare of city residents by conserving and protecting wetlands, avoiding the alteration or destruction of wetlands, and requiring sound management practices as provided for in the Wetland Conservation Act (WCA) when development occurs in the vicinity of wetlands. The city seeks to accomplish the following purposes: (1) Balance the need to preserve and protect natural resources and systems with the rights of private property owners and the need to support the efficient use of developable land within the city; (2) Promote water quality by: a. Maintaining the ability of wetlands to recharge and receive the discharge of groundwater, b. Preventing soil erosion, c. Retaining sediment, nutrients and toxicants in wetland buffer strip areas before it discharges into community wetlands, lakes and streams, d. Avoiding contamination and eutrophication of water features; (3) Reduce human disturbances to wetlands by providing a visual and physical transition from surrounding yards; and (4) Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the city. (Ord. No. 06-07, §2, 6-19-2006; Sec. 30-1851. General provisions. (a) The Minnesota Wetland Conservation Act and Minnesota Rules, Chapter 8420, as amended from time to time, are hereby incorporated by reference. In case of a conflict between this division and the requirements of state law the more restrictive provision shall apply. (b) No property owner or other person shall make any alteration to a wetland or wetland buffer strip unless and until the provisions of this division have been complied with. Elk River, Minnesota, Code of Ordinances Page 1 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 10.5. WETLAND BUFFERING REQUIREMENTS (c) Unless determined otherwise by the city or the technical evaluation panel (TEP), a property owner, applicant for building permit, or applicant proposing work in or around wetlands shall submit to the city prior to making any alteration to a wetland or wetland buffer strip the following information: (1) Wetland delineation plan and written report, (2) Wetland impact plan, (3) Wetland mitigation plan, and (4) Any other information deemed necessary under this ordinance or the WCA as determined by the city or TEP. (d) A determination regarding wetland impacts must be made by the city or TEP prior to any wetland alteration, issuance of a building permit, or approval of a subdivision by the planning commission. Any conditions required by the city or the TEP will become conditions of building permit issuance or subdivision approval. (Ord. No. 06-07, §2, 6-19-2006) Sec. 30-1852. Performance standards. (a) Wetland buffer strip. A minimum 25-foot buffer strip from the delineated boundary of a wetland or ordinary highwater level of a stormwater pond is hereby established. Wetland buffer strips shall meet the following standards: i. No structure shall be permitted within the wetland buffer strip. ii. Alterations are prohibited within the wetland and wetland buffer strip, unless a vegetation management plan or other approval is granted by the city. iii. The applicant shall establish and maintain wetland and wetland buffer strip vegetation in accordance with the requirements found in section 30-1853 iv. The applicant shall maintain the required wetland buffer strip monumentation at each lot line where it crosses a wetland buffer strip and at 200-foot intervals along the edge of the wetland buffer strip. Each monument shall state "Wetland Buffer: Under the City Code, no mowing, clearing or removal of vegetation in the buffer area is allowed. Call the City of Elk River for more information."The city reserves the right to eliminate this requirement if it deems it impractical. v. The city, at its sole discretion, following the city's master park trail plan, may allow nature trails comprised of natural materials, to be located within the wetland buffer strip. vi. Leisure activities such as hiking, nature studies, canoeing, boating and horseback riding, including facilities such as nature trails and docks which allow for such activities are permitted in the wetland buffer strip. vii. Final plats for all subdivisions shall provide an easement over all wetlands and wetland buffer strips for the purposes of identification and protection. (b) Wetland buffer strip setback. A minimum 20-foot setback from wetland buffer strips is hereby established by the city. No structure, principle or accessory, shall be located within this setback. Nature trails, at the city's approval, may be located within the wetland buffer strip setback. Fences may encroach into the wetland buffer strip setback, but at no time shall they be allowed within the wetland buffer strip. (Ord. No. 06-07, §2, 6-19-2006) Elk River, Minnesota, Code of Ordinances Page 2 -CODE OF ORDINANCES Chapter 30- LAND DEVELOPMENT REGULATIONS ARTICLE VI. -ZONING DIVISION 10.5. WETLAND BUFFERING REQUIREMENTS Sec. 30-1853. Vegetation standards. (a) Where acceptable natural vegetation exists in wetland and wetland buffer strip areas, the retention of such vegetation in an undisturbed state is required unless an applicant receives approval to replace such vegetation. A wetland or wetland buffer strip has acceptable natural vegetation if it: (1) Has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least five consecutive years, or (2) Has an overstory of trees and/or shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least five consecutive years, or (3) Contains a mixture of the plant communities described in (1) and (2) above that have been uncultivated or unbroken for at least five consecutive years. (b) Notwithstanding the performance standards set forth above in subsection (a) the city environmental administrator and/or his/her designee may determine existing wetland or wetland buffer strip vegetation to be unacceptable if it: (1) Is composed of weeds or (2) Has topography that tends to channelize the flow of surface runoff, resulting in erosion issues, or (3) Is unlikely to retain nutrients and sediment. ((c)) Where wetlands or wetland buffer strips, or a portion thereof, are not vegetated or have unacceptable vegetation or have been cultivated or otherwise disturbed within five years of the permit application, such areas shall be re-planted and maintained. The wetland and wetland buffer strip landscaping shall be planted according to the city's planting guidelines or the applicant shall submit a planting plan for approval by the city. (Ord. No. 06-07, §2, 6-19-2006) Sec. 30-1854. Variances. Variances may be considered for deviations from the strict application of the standards set forth in sections 30-1850 to 30-1853, pursuant to the procedures and requirements of section 30-633 of this Code. (Ord. No. 06-07, §2, 6-19-2006) Secs. 30-1855-30-1860. Reserved. Elk River, Minnesota, Code of Ordinances Page 3 APPENDIX D Land Use Maps Surface Water Management Plan City of Elk River WSB Project No.1992-030 APPENDIX D 1 L 2-R 4ML Null Tie It FIN pp ik- � '+•, Sw;� '' IIHIl1�1�� , 11! e ti 7 1 i I111,I� le4��k�y.r r�' ? �,ti��iJ1111w4 n�'��' '� !M' ,Ni# ► � *�saw�-w ��f�.,� t� � �unue�s •�kw , �n�� eP�i,� s 5 I■YYi � �ran `��14..�..°� �C'ti�11� li*li�•'i 71i�s: _.__._ .I�a.•lltLlirY ,^ Il�wr�dl1 _'ti 4 1_1 _ H HIP � JIIR:ry� ITO JI x • . . - 11 1 / y� �i`■raw 7a�� Nr� �,��; ./ �� MEWOR '19 N NONE NA ��r'■—■s_N�L VA. ~ AN ■�a ■ rte _ Jill 11MINE �IIr Rao �7 Q7■■ �I ��ltl�� ,�1i _lug.■■�� II;�:��,�� L��i•i��Iha�l �� _� � � Rr�x l!!aw • ili ..�� +Sgnnrr}, Z ty 4 -.qlm&f n�._ ��Bt1A W CII/d +� } ® oillr:l `> ■ ,y v 7=1 {Eye ' nlr ... Mill ' ICI . IGrf va l Yi•'� 7 A� - `I . a �� IIMr �;,14 Legend FuUjre Land Use Category Rural Residential Medium Industrial Urban Residential P�blnfsi,mil High Density Residential Open Space �f MI Use ., Old Ton Mining High—y B-i—s Open Water Commercial Reserve Inenuff-Urban Service Area Boundary 201 JA Light Industrial Elk Rive,Pareel 12�_02�_02 Missing Plan from Agricultum to Rural Residential 't 0 .: Minnesota Pollution MS4 SWPPP Application Control Agency 520 Lafayette Road North for Reauthorization 5t.Paul,MN 55155-4194 for the NPDES/SDS General Small Municipal Separate Storm Sewer System (MS4) Permit MNR040000 reissued with an effective date of August 1, 2013 Stormwater Pollution Prevention Program (SWPPP) Document Doc Type: Permit Application Instructions: This application is for authorization to discharge stormwater associated with Municipal Separate Storm Sewer Systems (MS4s)under the National Pollutant Discharge Elimination System/State Disposal System(NPDES/SDS)Permit Program. No fee is required with the submittal of this application. Please refer to"Example"for detailed instructions found on the Minnesota Pollution Control Agency(MPCA)MS4 website at http://www.pca.state.mn.us/ms4. Submittal: This MS4 SWPPP Application for Reauthorization form must be submitted electronically via e-mail to the MPCA at ms4permitprog ram.pcaastate.mn.us from the person that is duly authorized to certify this form.All questions with an asterisk(*)are required fields.All applications will be returned if required fields are not completed. Questions: Contact Claudia Hochstein at 651-757-2881 or claudia.hochsteina-state.mn.us, Dan Miller at 651-757-2246 or daniel.millera.state.mn.us, or call toll-free at 800-657-3864. General Contact Information (*Required fields) MS4 Owner (with ownership or operational responsibility, or control of the MS4) *MS4 permittee name: City of Elk River *County: Sherburne (city, county,municipality,government agency or other entity) *Mailing address: 13065 Orono Parkway *City: Elk River *State: MN *Zip code: 55330 *Phone(including area code): (763)635-1000 *E-mail: MS4 General contact (with Stormwater Pollution Prevention Program [SWPPP] implementation responsibility) *Last name: Femrite *First name: Justin (department head, MS4 coordinator, consultant, etc.) *Title: City Engineer *Mailing address: 13065 Orono Parkway *City: Elk River *State: MN *Zip code: 55330 *Phone(including area code): (763)635-1051 *E-mail: JFemrite @ElkRiverMN.gov Preparer information (complete if SWPPP application is prepared by a party other than MS4 General contact) Last name: Peters First name: Jeff (department head, MS4 coordinator, consultant, etc.) Title: WSB &Associates Mailing address: 701 Xenia Ave South Suite 300 City: Minneapolis State: MN Zip code: 55416 Phone(including area code): (763)287-7150 E-mail: jpeters @wsbeng.com Verification 1. 1 seek to continue discharging stormwater associated with a small MS4 after the effective date of this Permit, and shall submit this MS4 SWPPP Application for Reauthorization form, in accordance with the schedule in Appendix A, Table 1,with the SWPPP document completed in accordance with the Permit(Part II.D.). ❑ Yes 2. 1 have read and understand the NPDES/SDS MS4 General Permit and certify that we intend to comply with all requirements of the Permit. ❑ Yes www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 1 of 1 Certification (All fields are required) ❑ Yes-1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. 1 certify that based on my inquiry of the person, or persons, who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of civil and criminal penalties. This certification is required by Minn. Stat. §§7001.0070 and 7001.0540. The authorized person with overall, MS4 legal responsibility must certify the application (principal executive officer or a ranking elected official). By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing my application. Name: (This document has been electronically signed) Title: Date(mm/dd/yyyy): Mailing address: City: State: Zip code: Phone(including area code): E-mail: Note: The application will not be processed without certification. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 2 of 2 Stormwater Pollution Prevention Program Document I. Partnerships: (Part II.D.1) A. List the regulated small MS4(s)with which you have established a partnership in order to satisfy one or more requirements of this Permit. Indicate which Minimum Control Measure (MCM) requirements or other program components that each partnership helps to accomplish (List all that apply). Check the box below if you currently have no established partnerships with other regulated MS4s. If you have more than five partnerships, hit the tab key after the last line to generate a new row. ❑ No partnerships with regulated small MS4s Name and description of partnership MCM/Other permit requirements involved Sherburne County; Partner with Sherburne County(Zoning Administration, Public Works, and SWCD)for providing educational opportunities/materials, illicit discharge detection, and maintaining county ditch system throughout the City. MCM 1, 3, 6 B. If you have additional information that you would like to communicate about your partnerships with other regulated small MS4(s), provide it in the space below, or include an attachment to the SWPPP Document,with the following file naming convention: MS4NameHere Partnerships. II. Description of Regulatory Mechanisms: (Part II.D.2) Illicit discharges A. Do you have a regulatory mechanism(s)that effectively prohibits non-stormwater discharges into your small MS4, except those non-stormwater discharges authorized under the Permit(Part III.D.3.b.)? ® Yes ❑ No 1. If yes: a. Check which type of regulatory mechanism(s)your organization has(check all that apply): ® Ordinance ❑ Contract language ❑ Policy/Standards ❑ Permits ❑ Rules ❑ Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form;or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: City Code:Sec. 30-2174.(b). Illicit discharges and connections Direct link: http://library.municode.com/index.aspx?client/d=13427&state/d=23&stateName=Minnesota ❑ Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere IDDEreg. 2. If no: Describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 3 of 3 permit coverage is extended, this permit requirement is met: Construction site stormwater runoff control A. Do you have a regulatory mechanism(s)that establishes requirements for erosion and sediment controls and waste controls? ® Yes ❑ No 1. If yes: a. Check which type of regulatory mechanism(s)your organization has(check all that apply): ® Ordinance ❑ Contract language ® Policy/Standards ® Permits ❑ Rules ❑ Other,explain: Building Permit-Erosion Protection Maintenance Memorandum b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: City Code:Sec. 30-416. Excavation, grading and erosion control. City Code:Sec. 30-2174.(d). Industrial or construction activity discharges City Code:Sec. 30-2174.(3).Construction and building site activity City of Elk River Design Standards Building Permit-Erosion Protection Maintenance Memorandum Direct link: http://library.municode.com/index.aspx?clientld=1342 7&stateld=23&stateName=Minnesota http://elkrivermn.gov/DocumentCenter/View/223 ® Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere CSWreg. B. Is your regulatory mechanism at least as stringent as the MPCA general permit to Discharge Stormwater Associated with Construction Activity(as of the effective date of the MS4 Permit)? ❑Yes ® No If you answered yes to the above question, proceed to C. If you answered no to either of the above permit requirements listed in A. or B., describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: The City's construction site stormwater runoff control requlatory mechnaism will be updated to be at least as strigent as the MPCA CSW permit. This effort will completed within 12 months of the date permit coverage is extended. C. Answer yes or no to indicate whether your regulatory mechanism(s)requires owners and operators of construction activity to develop site plans that incorporate the following erosion and sediment controls and waste controls as described in the Permit(Part III.D.4.a.(1)-(8)), and as listed below: 1. Best Management Practices (BMPs)to minimize erosion. ® Yes ❑ No 2. BMPs to minimize the discharge of sediment and other pollutants. ® Yes ❑ No 3. BMPs for dewatering activities. ❑ Yes ® No 4. Site inspections and records of rainfall events ® Yes ❑ No 5. BMP maintenance ❑ Yes ® No 6. Management of solid and hazardous wastes on each project site. ® Yes ❑ No 7. Final stabilization upon the completion of construction activity, including the use of perennial ® Yes ❑ No vegetative cover on all exposed soils or other equivalent means. 8. Criteria for the use of temporary sediment basins. ❑ Yes ® No If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: C. (5.), is addressed in City Design Standards SWPPP Requirements and in the Building Permit-Erosion Protection www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 4 of 4 Maintenance Memorandum. However, it is not reference in the City's Ordinance. The Deputy Director of Community Operation and Development will work with the City Engineer to draft this amendment using the MPCA model ECS ordinance as a guideline. The amended ordinances will be place on the City Council's meeting agenda for approval within 12 months following the date permit coverage is extended. C. (3.), (8.), are addressed in the Construction Erosion and sediment control checklist in Appendix D of the SWPPP. However, they are not reference in the City's Ordinance. Following the same procedures as for(1), the ordinance will be amended to include the use of BMPs for dewatering activities and criteria for use of temporary sediment basins. Post-construction stormwater management A. Do you have a regulatory mechanism(s)to address post-construction stormwater management activities? ® Yes ❑ No 1. If yes: a. Check which type of regulatory mechanism(s)your organization has(check all that apply): • Ordinance ❑ Contract language • Policy/Standards ❑ Permits ❑ Rules ❑ Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: City Code:Sec. 30-416. Excavation, grading and erosion control. City Code: Sec. 30-2175. Post construction stormwater management City of Elk River Design Standards Direct link: http://library.municode.com/index.aspx?clientld=1342 7&stateld=23&stateName=Minnesota ❑ Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere PostCSWreg. B. Answer yes or no below to indicate whether you have a regulatory mechanism(s)in place that meets the following requirements as described in the Permit(Part III.D.5.a.): 1. Site plan review: Requirements that owners and/or operators of construction activity submit ® Yes ❑ No site plans with post-construction stormwater management BMPs to the permittee for review and approval, prior to start of construction activity. 2. Conditions for post construction stormwater management: Requires the use of any combination of BMPs,with highest preference given to Green Infrastructure techniques and practices (e.g., infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs, etc.), necessary to meet the following conditions on the site of a construction activity to the Maximum Extent Practicable (MEP): a. For new development projects—no net increase from pre-project conditions(on an annual ❑ Yes ® No average basis)of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit(Part III.D.5.a(3)(a)). 2) Stormwater discharges of Total Suspended Solids(TSS). 3) Stormwater discharges of Total Phosphorus(TP). b. For redevelopment projects—a net reduction from pre-project conditions(on an annual ❑ Yes ® No average basis)of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit(Part III.D.5.a(3)(a)). 2) Stormwater discharges of TSS. 3) Stormwater discharges of TP. 3. Stormwater management limitations and exceptions: a. Limitations 1) Prohibit the use of infiltration techniques to achieve the conditions for post-construction ❑ Yes ® No stormwater management in the Permit(Part III.D.5.a(2))when the infiltration structural stormwater BMP will receive discharges from,or be constructed in areas: a) Where industrial facilities are not authorized to infiltrate industrial stormwater under www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 5 of 5 an NPDES/SDS Industrial Stormwater Permit issued by the MPCA. b) Where vehicle fueling and maintenance occur. c) With less than three (3)feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. d) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. 2) Restrict the use of infiltration techniques to achieve the conditions for post-construction ❑ Yes ® No stormwater management in the Permit(Part III.D.5.a(2)),without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltration device will be constructed in areas: a) With predominately Hydrologic Soil Group D (clay)soils. b) Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. c) Within a Drinking Water Supply Management Area (DWSMA)as defined in Minn. R. 4720.5100, subp. 13. d) Where soil infiltration rates are more than 8.3 inches per hour. 3) For linear projects where the lack of right-of-way precludes the installation of volume ❑ Yes ® No control practices that meet the conditions for post-construction stormwater management in the Permit(Part III.D.5.a(2)),the permittee's regulatory mechanism(s)may allow exceptions as described in the Permit(Part III.D.5.a(3)(b)). The permittee's regulatory mechanism(s)shall ensure that a reasonable attempt be made to obtain right-of-way during the project planning process. 4. Mitigation provisions: The permittee's regulatory mechanism(s)shall ensure that any stormwater discharges of TSS and/or TP not addressed on the site of the original construction activity are addressed through mitigation and, at a minimum,shall ensure the following requirements are met: a. Mitigation project areas are selected in the following order of preference: ❑ Yes ® No 1) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. 2) Locations within the same Minnesota Department of Natural Resource (DNR) catchment area as the original construction activity. 3) Locations in the next adjacent DNR catchment area up-stream 4) Locations anywhere within the permittee's jurisdiction. b. Mitigation projects must involve the creation of new structural stormwater BMPs or the ❑ Yes ® No retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. c. Routine maintenance of structural stormwater BMPs already required by this permit cannot ❑ Yes ® No be used to meet mitigation requirements of this part. d. Mitigation projects shall be completed within 24 months after the start of the original ❑ Yes ® No construction activity. e. The permittee shall determine, and document,who will be responsible for long-term ® Yes ❑ No maintenance on all mitigation projects of this part. f. If the permittee receives payment from the owner and/or operator of a construction activity ❑ Yes ® No for mitigation purposes in lieu of the owner or operator of that construction activity meeting the conditions for post-construction stormwater management in Part III.D.5.a(2), the permittee shall apply any such payment received to a public stormwater project, and all projects must be in compliance with Part III.D.5.a(4)(a)-(e). 5. Long-term maintenance of structural stormwater BMPs: The permittee's regulatory mechanism(s)shall provide for the establishment of legal mechanisms between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee, that have been implemented to meet the conditions for post-construction stormwater management in the Permit(Part III.D.5.a(2)). This only includes structural stormwater BMPs constructed after the effective date of this permit and that are directly connected to the permittee's MS4, and that are in the permittee's jurisdiction. The legal mechanism shall include provisions that, at a minimum: a. Allow the permittee to conduct inspections of structural stormwater BMPs not owned or ® Yes ❑ No operated by the permittee, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the permittee determines that the owner and/or operator of that structural stormwater BMP has not conducted maintenance. b. Include conditions that are designed to preserve the permittee's right to ensure maintenance ❑ Yes ® No responsibility, for structural stormwater BMPs not owned or operated by the permittee, when those responsibilities are legally transferred to another party. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 6 of 6 c. Include conditions that are designed to protect/preserve structural stormwater BMPs and ❑ Yes ® No site features that are implemented to comply with the Permit(Part III.D.5.a(2)). If site configurations or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved structural stormwater BMPs must be implemented to ensure the conditions for post-construction stormwater management in the Permit(Part III.D.5.a(2))continue to be met. If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within twelve (12)months of the date permit coverage is extended, these permit requirements are met: B.2.a, B.2.b. Amend current post-construction stormwater ordinance and City Design Standards, which includes goals for reducing post-development TSS and TP loading on an annual basis, to include volume-control and be more consistent with permit language for new and redevelopment sites. The City Engineer will draft these amendments they will be placed on the City Council's meeting agenda for approval within 12 months following the date permit coverage is extended. B.3.a.1: The City will amend the ordinance and City Design Standards to include prohibiting the use of infiltration techniques for post-construction stormwater management as described in the Permit(Partlll.D.5.a(3)(a).1). The ordinance will be amended on the same schedule as the items in B.2.a and B.2.b. B.3.a.2: The City will amend the ordinance and City Design Standards to include restricting the use of infiltration techniques for post-construction stormwater management as described in the Permit(Partlll.D.5.a(3)(a).2). This will occur on the same schedule as the items above. B.3.a.3: The City will amend the ordinance and City Design Standards to include the exceptions for linear projects as described in the Permit(Partlll.D.5.a(3)(b)). This will occur on the same schedule as the items above. B.4.a.: The City will amend the ordinance and City Design Standards to include order of preference for selecting mitigation project areas as described in the Permit(Partlll.D.5.a(4)(a)). This will occur on the same schedule as the items above. B.4.b.: The City will amend the ordinance and City Design Standards to include requirements for the creation of mitigation projects as described in the Permit(Partlll.D.5.a(4)(b)). This will occur on the same schedule as the items above. B.4.c.: The City will amend the ordinance and City Design Standards to include the restriction from using routine maintenance of structural BMPs to meet the requirements for mitigation projects as described in the Permit (Partlll.D.5.a(4)(c)). This will occur on the same schedule as the items above. B.4.d.: The City will amend the ordinance and City Design Standards to include the requirement to complete mitigation projects within 24 months after the start of the original construction activity as described in the Permit (Partlll.D.5.a(4)(d)). This will occur on the same schedule as the items above. B.4.f.: The City will amend the ordinance and City Design Standards to mandate that money received from an owner/operator of construction activity, in lieu of meeting the conditions for post-construction stormwater management, shall be used for a public stormwater project as described in the Permit(Partlll.D.5.a(4)(0). This will occur on the same schedule as the items above. B.5.b.: The City will amend the ordinance and City Design Standards to include conditions that require maintenance responsibility for structural stormwater BMPs through transfer of ownership as described in the Permit (Partlll.D.5.a(5)(b)). This will occur on the same schedule as the items above. B.5.c.: The City will amend the ordinance and City Design Standards to include conditions to address BMP modification in the future as described in the Permit(Partlll.D.5.a(5)(c)). This will occur on the same schedule as the items above. III. Enforcement Response Procedures (ERPs): (Part II.D.3) A. Do you have existing ERPs that satisfy the requirements of the Permit(Part III.B.)? ® Yes ❑ No 1. If yes, attach them to this form as an electronic document,with the following file naming convention: MS4NameHere ERPs. 2. If no, describe the tasks and corresponding schedules that will be taken to assure that,with twelve (12)months of the date permit coverage is extended, these permit requirements are met: B. Describe your ERPs: http://library.municode.com/index.aspx?clientld=1342 7&stateld=23&stateName=Minnesota The current ERPs are included in the following City Codes: Section 30-416.(r) Penalties for Violation of Excavation, grading, and erosion control, Section 30-416;Enforcement of Stormwater Management including illicit Discharges. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 7 of 7 The City Code includes the following enforcement mechanisms: -Notice of Violation -Public Nuisance -Misdemeanors -Stop work orders IV. Storm Sewer System Map and Inventory: (Part II.D.4.) A. Describe how you manage your storm sewer system map and inventory: New developments are required to provide electronic as-build data in accordance with the GIS Information Requirements located in the City Design Standard. The City GIS specialist updates and maintains all of the City's GIS Information. B. Answer yes or no to indicate whether your storm sewer system map addresses the following requirements from the Permit(Part III.C.1.a-d), as listed below: 1. The permittee's entire small MS4 as a goal, but at a minimum, all pipes 12 inches or greater in ® Yes ❑ No diameter, including stormwater flow direction in those pipes. 2. Outfalls, including a unique identification (ID)number assigned by the permittee, and an ® Yes ❑ No associated geographic coordinate. 3. Structural stormwater BMPs that are part of the permittee's small MS4. ® Yes ❑ No 4. All receiving waters. ® Yes ❑ No If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: C. Answer yes or no to indicate whether you have completed the requirements of 2009 Minnesota Session Law, Ch. 172. Sec. 28:with the following inventories, according to the specifications of the Permit(Part III.C.2.a.-b.), including: 1. All ponds within the permittee's jurisdiction that are constructed and operated for purposes of ® Yes ❑ No water quality treatment, stormwater detention, and flood control, and that are used for the collection of stormwater via constructed conveyances. 2. All wetlands and lakes, within the permittee's jurisdiction, that collect stormwater via constructed ® Yes ❑ No conveyances. D. Answer yes or no to indicate whether you have completed the following information for each feature inventoried. 1. A unique identification (ID)number assigned by the permittee. ❑ Yes ® No 2. A geographic coordinate. ® Yes ❑ No 3. Type of feature (e.g., pond, wetland, or lake). This may be determined by using best professional ❑ Yes ® No judgment. If you have answered yes to all above requirements, and you have already submitted the Pond Inventory Form to the MPCA, then you do not need to resubmit the inventory form below. If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: D.1. The City GIS specialist will update the storm sewer map to include a unique identification number for each stormwater feature inventoried as described in the Permit(Part III.C.2.b). D.3. The City GIS specialist will update the storm sewer map to include a type of feature for each stormwater feature inventoried as described in the Permit(Part III.C.2.b.). E. Answer yes or no to indicate if you are attaching your pond,wetland and lake inventory to the MPCA ❑ Yes ® No on the form provided on the MPCA website at: http://www.pca.state.mn.us/ms4 , according to the specifications of Permit(Part III.C.2.b.(1)-(3)). Attach with the following file naming convention: MS4NameHere inventory. If you answered no,the inventory form must be submitted to the MPCA MS4 Permit Program within 12 months of the date permit coverage is extended. V. Minimum Control Measures (MCMs) (Part II.D.S) www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 8 of 8 A. MCMII: Public education and outreach 1. The Permit requires that,within 12 months of the date permit coverage is extended, existing permittees revise their education and outreach program that focuses on illicit discharge recognition and reporting, as well as other specifically selected stormwater-related issue(s)of high priority to the permittee during this permit term. Describe your current educational program, including any high-priority topics included: The City of Elk River is comprised of a mix of commercial business districts, established and new residential developments, and agriculture land uses. Therefore the educational focus rotates through residential issues, construction activities, and illicit discharges around commercial business districts. When able the City partners with Sherburne County SWCD to provide education to our residents. Newsletter distributed to residents includes stormwater section discussing proper practices for activities such as fall yard practices and winter deicing. The City has a stormwater page on the website to communicate stormwater-related messages. 2. List the categories of BMPs that address your public education and outreach program, including the distribution of educational materials and a program implementation plan. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the U.S. Environmental Protection Agency's(EPA)Measurable Goals Guidance for Phase II Small MS4s (hftp://www.epa.gov/npdes/pubs/measurablegoals.pdf . If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Complete outline of education activity implementation program and implementation schedule for the upcoming permit year by Education Activity Implementation Plan June 30th. The City will update their web page to include water resource related issues. The City will update its existing webpage with additional water resource related information beginning March City Stormwater Information Link 2005. Meeting with Gravel Miners, Building Contractors, Hold meetings as needed to inform these professionals of Developers, and Excavators stormwater related issues as appropriate. Work with Sherburne County Zoning and Soil& Water Conservation District, Watershed Partners, Stormwater Steering Committee, and Water Resource Coordinators Group to make Meetings with Educational Professionals effective use of stormwater education programs as appropriate. Report on yearly NPDES regulations and activities in Annual Report, urban storm water impacts to water bodies, current SWPPP status during an annual presentation each year of permit cycle. Additionally provide a specific review of SWPPP Presentations to City Council when considering zoning request. Provide a presentation at City Department meetings to generate Staff awareness of SWPPP regulations and to develop projects City Staff Meetings with appropriate BMPs applied. In the spring of year 1 send out a written survey in a random sample of mailings. They survey will gauge each selected household's practices related to the topic that will be featured in the following fall's brochure. This will help the City understand Citizen Survey what topics are important to the City. Published stormwater pollution prevention related article in the Annual Newsletter to spread awareness of stormwater related Newsletter issues. Annually broadcasted stormwater related information over the Cable Access Channel Cable Access Channel. BMP categories to be implemented Measurable goals and timeframes 3. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: City Engineer/ Environmental Coordinator www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 9 of 9 B. MCM2: Public participation and involvement 1. The Permit(Part III.D.2.a.)requires that,within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement a public participation/involvement program to solicit public input on the SWPPP. Describe your current program: An opportunity to hear comments on the SWPPP is provided each year during an annual meeting held in combination with a City Council Meeting. 2. List the categories of BMPs that address your public participation/involvement program, including solicitation and documentation of public input on the SWPPP. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s(http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Provide public notice of meeting to provide input on the SWPPP Follow applicable public notice requirement in accordance with City public hearing notification requirements. Hold annual public meeting combined with City Council Meeting or other public participation/involvement event to solicit public Annual Meeting input on the SWPPP Residents can provide comments to City through the "Community Voice"link located on the City's Webpage The City will add one high priority topic identified in MCM1 annually to the initiatives section on the "Community Voice"page. IT department will provide a link on City webpage to report Illicit Discharges. This will allow the city to document number of Community Reporting Options and Documentation reports received from City Webpage and responses to citizen Procedures reports of illicit discharges. Engage community groups in a storm drain stenciling effort to increase awareness that the drains are connect to lakes and rivers. Program has been completed as part of a Boy/Girl Scout Volunteer Storm Drain Stenciling Program project during the last program cycle. BMP categories to be implemented Measurable goals and timeframes Provide an electronic document of Stormwater Pollution Online Availability of Stormwater Pollution Prevention Prevention Program document online, to allow anytime, easier Program Document access to these documents. 3. Do you have a process for receiving and documenting citizen input? ❑ Yes ® No If you answered no to the above permit requirement, describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, this permit requirement is met: B.3. The City will develop written procedures for receiving, documenting and storing citizen input as described in the permit (Part III.C.2.b). Procedures will be in place within 12 months following the date permit coverage is extended. 4. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: City Engineer/ Environmental Coordinator C. MCM 3: Illicit discharge detection and elimination 1. The Permit(Part III.D.3.)requires that,within 12 months of the date permit coverage is extended, existing permittees revise their current program as necessary, and continue to implement and enforce a program to detect and eliminate illicit discharges into the small MS4. Describe your current program: The City has an ordinance that prohibits illicit discharges and connections. City Staff and public works employees are trained to look for any signs of an illicit discharge while on the job. ERPs(attached)guide what actions the City can take after an illicit discharge has been identified. 2. Does your Illicit Discharge Detection and Elimination Program meet the following requirements, as found in the Permit (Part III.D.3.c.-g.)? a. Incorporation of illicit discharge detection into all inspection and maintenance activities conducted ® Yes ❑ No under the Permit(Part III.D.6.e.-f.)Where feasible, illicit discharge inspections shall be conducted www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 10 of 10 during dry-weather conditions (e.g., periods of 72 or more hours of no precipitation). b. Detecting and tracking the source of illicit discharges using visual inspections. The permittee may ® Yes ❑ No also include use of mobile cameras, collecting and analyzing water samples, and/or other detailed procedures that may be effective investigative tools. c. Training of all field staff, in accordance with the requirements of the Permit(Part III.D.6.g.(2)), in ® Yes ❑ No illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation. d. Identification of priority areas likely to have illicit discharges, including at a minimum, evaluating ® Yes ❑ No land use associated with business/industrial activities, areas where illicit discharges have been identified in the past, and areas with storage of large quantities of significant materials that could result in an illicit discharge. e. Procedures for the timely response to known,suspected, and reported illicit discharges. ❑ Yes ® No f. Procedures for investigating, locating, and eliminating the source of illicit discharges. ® Yes ❑ No g. Procedures for responding to spills, including emergency response procedures to prevent spills from ® Yes ❑ No entering the small MS4. The procedures shall also include the immediate notification of the Minnesota Department of Public Safety Duty Officer, if the source of the illicit discharge is a spill or leak as defined in Minn. Stat. § 115.061. h. When the source of the illicit discharge is found,the permittee shall use the ERPs required by the ® Yes ❑ No Permit(Part III.B.)to eliminate the illicit discharge and require any needed corrective action(s). If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: C.2.e., The City will incorporate procedures into the IDDE program for a timely response to known, suspected, and reported illicit discharges as described in the permit(Part III.D.3.g). Procedures will be in place within 12 months following the date permit coverage is extended. 3. List the categories of BMPs that address your illicit discharge, detection and elimination program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s (hftp://www.epa.gov/npdes/pubs/measurablegoals.pdf . If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes The City GIS storm sewer system map is updated as needed to reflect changes made to system features such as ponds, streams, lakes, wetlands, structural pollution control device, pipes, and outfalls. The existing City GIS Map will be updated as required by Part Ill.C.1 within 12 months following the date Storm Sewer System Mapping permit coverage is extended. The City developed an ordinance to prohibit non-stormwater discharge into the stormwater system. The City will review the Illicit Discharge Detection and Elimination (IDDE) and ordinance yearly to ensure that it continues to meet the needs Enforcement Ordinance of the City and legal requirements. Program to detect and eliminate illegal and/or improper connections to storm sewer drainage system and receiving waters by maintaining a list of existing illicit connection test performed to date within the City. Maintain a list of illicit connections test performed to date within the City. Identify and prioritize future illicit connection assessment sites, and conduct field testing of existing storm sewer system lines After detection of illicit discharge the City will utilize proper Illicit Discharge Detection and Elimination (IDDE) enforcement procedures and enforce the provisions of the City Program ordinance pertaining to illegal discharges. Conduct educational seminar and distribute of educational material annually to educate the Public and City Employees Public&Employee IDDE Information Program about the hazards associated with illicit discharges. City employees are trained how to identify illicit discharges and what corrective measures should be taken for those discharges Identification of Non Stormwater Discharges&Flows identified as being significant contributors of pollutants. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 11 of 11 BMP categories to be implemented Measurable goals and timeframes Update written procedures for illicit discharge inspections, investigations, and response actions. Develop a process to document information as described in the Permit(Part M.3.h) within 12 months following the date permit coverage is IDDE Program Updates extended.. Annually inspect locations identified as high-priority outfalls and around high-risk establishments(fast food restaurants, Illicit Discharge Inspections dumpster, car washes, mechanics, and oil changes.) As needed hire a consultant to televise a section of our sewer system, collect grab samples or perform other effective testing Illicit Discharge Investigation procedures to find illicit connection in the system. 4. Do you have procedures for record-keeping within your Illicit Discharge Detection and Elimination (IDDE) program as specified within the Permit(Part III.D.3.h.)? ❑ Yes ® No If you answered no, indicate how you will develop procedures for record-keeping of your Illicit Discharge, Detection and Elimination Program,within 12 months of the date permit coverage is extended: C.4., The City will develop written procedures for receiving, documenting and storing citizen input as descriped in the permit(Part III.D.3.h). Procedueres will be in place within 12 months following the date permit coverage is extended. 5. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: Street Superintendent D. MCM 4: Construction site stormwater runoff control 1. The Permit(Part III.D.4)requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a construction site stormwater runoff control program. Describe your current program: The City requires review of construction site erosion and sediment control(ESC)plans before projects begin, and work with contractors to ensure appropriate and correct use of erosion and sediment control BMPs on sites. The building inspection department is primarly responsible for checking compliance with construction site ESC plans. 2. Does your program address the following BMPs for construction stormwater erosion and sediment control as required in the Permit(Part III.D.4.b.): a. Have you established written procedures for site plan reviews that you conduct prior to the start of ® Yes ❑ No construction activity? b. Does the site plan review procedure include notification to owners and operators proposing ® Yes ❑ No construction activity that they need to apply for and obtain coverage under the MPCA's general permit to Discharge Stormwater Associated with Construction Activity No. MN R100001? c. Does your program include written procedures for receipt and consideration of reports of ❑ Yes ® No noncompliance or other stormwater related information on construction activity submitted by the public to the permittee? d. Have you included written procedures for the following aspects of site inspections to determine compliance with your regulatory mechanism(s): 1) Does your program include procedures for identifying priority sites for inspection? ❑ Yes ® No 2) Does your program identify a frequency at which you will conduct construction site ❑ Yes ® No inspections? 3) Does your program identify the names of individual(s)or position titles of those responsible for ❑ Yes ® No conducting construction site inspections? 4) Does your program include a checklist or other written means to document construction site ❑ Yes ® No inspections when determining compliance? e. Does your program document and retain construction project name, location, total acreage to be ® Yes ❑ No disturbed, and owner/operator information? f. Does your program document stormwater-related comments and/or supporting information used to ® Yes ❑ No determine project approval or denial? g. Does your program retain construction site inspection checklists or other written materials used to ❑ Yes ® No document site inspections? If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met. D.2.c., The City will develop written procedures for receipt and consideration of reports of noncompliance or other stormwater related information on construction activity submitted by the public as described in the Permit(Part M.D.4.c). www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 12 of 12 Procedures will be in place within 12 months following the date permit coverage is extended. D.2.d., City will develop written procedures for conducting site ESC inspections as described in the Permit(Part III.D.4.d). Procedures will be in place within 12 months following the date permit coverage is extended. D.2.g., City will develop written procedures for retaining documents of site ESC inspections as described in the Permit (Part III.D.4.d). Procedures will be in place within 12 months following the date permit coverage is extended. 3. List the categories of BMPs that address your construction site stormwater runoff control program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Construction Site Stormwater Runoff Ordinance to prohibit construction site stormwater runoff was approved in June 2007. An erosion and sediment control section of the Design Standards division of the City Platting ordinance was updated in Construction Site Stormwater Runoff Ordinance February 2013. City Engineering Staff utilizes MPCA the construction and sediment control checklist from Appendix D of the Current SWPPP for review of NPDES Erosion Control Permits submitted Construction Site Plan Review to the department for review. An erosion control handout, which explains how to properly install a silt fence and other erosion control BMPs is given to the Erosion Protection Maintenance Memo to Builders application when a building permit is picked up. BMP categories to be implemented Measurable goals and timeframes Update the City Grading, Building, and ROW permits and Construction Site Stormwater Runoff ordinance to meet the new permit requirements within 12 months following the date permit Permit Update coverage is extended Ensure at least 10%of inspections conducted annually are performed at deemed high priority inspection sites(e.g., near Prioritize Inspections sensitive receiving waters,projects larger than 5 acres) Develop written procedures to track and archive all plan review and inspection documents within 12 months following the date Permit Application System permit coverage is extended. 4. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: City Engineer E. MCM 5: Post-construction stormwater management 1. The Permit(Part III.D.5.)requires that,within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a post-construction stormwater management program. Describe your current program: The City has a post-construction sotrmwater management ordinace to encourage the utilization of BMPs for stormwater runoff from new and redevelopment projects, as well as to ensure the maintenance and operation of the stormwater BMPs. 2. Have you established written procedures for site plan reviews that you will conduct prior to the start of ® Yes ❑ No construction activity? 3. Answer yes or no to indicate whether you have the following listed procedures for documentation of post-construction stormwater management according to the specifications of Permit(Part III.D.5.c.): a. Any supporting documentation that you use to determine compliance with the Permit(Part ❑ Yes ® No III.D.5.a), including the project name, location, owner and operator of the construction activity, any checklists used for conducting site plan reviews, and any calculations used to determine compliance? b. All supporting documentation associated with mitigation projects that you authorize? ❑ Yes ® No www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 13 of 13 c. Payments received and used in accordance with Permit(Part III.D.5.a.(4)(f))? ❑ Yes ® No d. All legal mechanisms drafted in accordance with the Permit(Part III.D.5.a.(5)), including date(s)of ❑ Yes ® No the agreement(s)and names of all responsible parties involved? If you answered no to any of the above permit requirements,describe the steps that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met. E.3., The City will develop written procedures for documention of post-construciton stomwater management as described in the Permit(Part III.D.5.c.). Procedures will be in place within 12 months following the date permit coverage is extended. 4. List the categories of BMPs that address your post-construction stormwater management program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase 11 Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Completed plan review process and documentation procedures for sites qualifying as a land disturbance in accordance with definition set in the City Ordinance. City Engineering Staff utilizes the SWPPP Review Checklist from Appendix C of the Current SWPPP for review of Stormwater Management Plans Site Plan Review Program submitted to the department for review. Implement Stormwater retention/detention ponds as a BMP in areas where it is appropriate Encourage the use of structural and non-structural Developers are encouraged to install rain gardens BMPs during review of new and redevelopment Possible implantation of sand and organic filters into plan projects review process The City requires all exposed ground areas to be landscaped with grass, shrubs, trees, or other living ornamental landscape materials. When observed, the City documents violations of seeding provisions and records types of enforcement actions Stabilization Seeding taken. The City requires outlet structure stabilization within the standard specification for construction including but not limited to tie-rods, stabilization seeding, and class IV-V riprap. The City will continue to include this BMP during construction and Outlet Structure Stabilization document the number of structures stabilized. Completed ordinance including illicit discharges, erosion and sediment control at construction sites, and post construction Land Development Ordinance runoff from new development and redevelopment Completed SWMP for Elk River in 2013 and ensured goals and policies were consist with the NPDES General and Stormwater Management Plan Construction Permits. BMP categories to be implemented Measurable goals and timeframes Complete Ordinance updates including illicit discharges, erosion and sediment control at construction sites, and post construction runoff from new development and redevelopment Update ordinance to meet new permit requirements Within 12 months of extension of permit coverage. Develop site plan review procedures that must be completed prior to the start of construction activity within 12 months of Develop Written Procedures for Site Plan Review extension of permit coverage. Maintain all related documents pertaining to each new or redevelopment project in more user-friendly filing system for Document Pertinent Project Information better records management. Implement within 12 months. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 14 of 14 5. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: City Engineer F. MCM 6: Pollution prevention/good housekeeping for municipal operations 1. The Permit(Part III.D.6.)requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement an operations and maintenance program that prevents or reduces the discharge of pollutants from the permittee owned/operated facilities and operations to the small MS4. Describe your current program: The City currently inspects its structural pollution control devices on an annual basis and inspects all of its outfalls, sediment basins and ponds every 5 years. The City inspects stockpiles, storage and material handling areas at the maintenance yard for potential discharges and maintenance of BMPs. The City is evaluating the use of road salt for winter road maintenance activities to reduce chlorides entering our water resources. The City sweeps streets once in the fall after leaf drop. Maintenance staff is trained annually on various topics related to pollution prevention during maintenance activities. 2. Do you have a facilities inventory as outlined in the Permit(Part III.D.6.a.)? ❑ Yes ® No 3. If you answered no to the above permit requirement in question 2, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: Add comments!! 4. List the categories of BMPs that address your pollution prevention/good housekeeping for municipal operations program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. For an explanation of measurable goals, refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s (hftp://www.epa.gov/npdes/pubs/measurablegoals.pdf . If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Training focused on fertilizer application, pesticide/herbicide Park and Open Space Training Program application, and mowing discharge. Training focused on automotive maintenance program (automotive inspections and washing), spill cleanup training, hazardous materials training, building leak prevention and Fleet and Building Maintenance Training Program inspection training. Training focused on parking lot and street cleaning, storm drain Stormwater Systems Maintenance Training Program systems cleaning, road salt materials management Train employees and document number of times each street is Parking Lots&Street Cleaning swept annual. Goal is 2 times per year. Document Number of Sumps cleaned per year. Goal is 100%of Storm Drain Cleaning System the City sumps per year. Document amount of salt applied each year and train employees Road Salt Materials Management Program in road salt management and application rates annually. Conduct one inspection of all City-owned ponds and outfalls prior to expiration date of this permit Strom Sewer Inspection Program Annual inspection of 100%of structural pollution control devices Evaluate inspection records and determine if inspection Evaluate Inspection Frequency frequency needs to increase or decrease. BMP categories to be implemented Measurable goals and timeframes Based on storm sewer inspection findings determine if repair, replacement, or maintenance measures are necessary to ensure structures proper function and treatment effectiveness. Document annually number or structures repaired or scheduled Structural Stormwater BMP Maintenance Program for maintenance. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 15 of 15 Ensure that plans describing spill prevention and control procedures are consistent among all departments. Conduct annual spill prevention and response training sessions to all municipal employees. Distribute education materials to each Spill Prevention & Control Plans for Municipal Facilities municipal facility by the end of year 2. Once monthly and after< 1"rain events,perform maintenance yard inspections utilizing a checklist for the inspection. Develop checklist format that allows staff to compare results to previous Maintenance Yard Inspections inspections Update facilities inventory to include potential pollutants as each Facility Inventory site. Create a map of all identified facilities. In year 1, develop procedures for determining TSS and TP treatment effectiveness of city owned ponds use for treatment of Pond Assessment Procedures&Schedule stormwater. Implement schedule in year 2-5 5. Does discharge from your MS4 affect a Source Water Protection Area (Permit Part III.D.6.c.)? ® Yes ❑ No a. If no, continue to 6. b. If yes, the Minnesota Department of Health (MDH)is in the process of mapping the following items. Maps are available at http://www.health.state.mn.us/divs/eh/water/swp/maps/index.htm. Is a map including the following items available for your MS4: 1) Wells and source waters for drinking water supply management areas identified as ❑ Yes ® No vulnerable under Minn. R. 4720.5205, 4720.5210, and 4720.5330? 2) Source water protection areas for surface intakes identified in the source water ❑ Yes ® No assessments conducted by or for the Minnesota Department of Health under the federal Safe Drinking Water Act, U.S.C. §§ 300j—13? c. Have you developed and implemented BMPs to protect any of the above drinking water ® Yes ❑ No sources? 6. Have you developed procedures and a schedule for the purpose of determining the TSS and ❑ Yes ® No TP treatment effectiveness of all permittee owned/operated ponds constructed and used for the collection and treatment of stormwater, according to the Permit(Part III.D.6.d.)? 7. Do you have inspection procedures that meet the requirements of the Permit(Part III.D.6.e.(1)- ❑ Yes ® No (3))for structural stormwater BMPs, ponds and outfalls, and stockpile, storage and material handling areas? 8. Have you developed and implemented a stormwater management training program commensurate with each employee's job duties that: a. Addresses the importance of protecting water quality? ® Yes ❑ No b. Covers the requirements of the permit relevant to the duties of the employee? ® Yes ❑ No c. Includes a schedule that establishes initial training for new and/or seasonal employees and ❑ Yes ® No recurring training intervals for existing employees to address changes in procedures, practices, techniques, or requirements? 9. Do you keep documentation of inspections, maintenance, and training as required by the Permit ❑ Yes ® No (Part III.D.6.h.(1)-(5))? If you answered no to any of the above permit requirements listed in Questions 5—9, then describe the tasks and corresponding schedules that will be taken to assure that,within 12 months of the date permit coverage is extended, these permit requirements are met: F.5.c.As part of the regulatory mechanism updates for(II.B.3.a.1)the City will provide a BMP to protect drinking water sources that the MS4 discharges may affect as described in the Permit(Part III.D.6.c). The amended ordinance will be placed on the City Council's meeting agenda for approval within 12 months following the date permit coverage is extended. F.6. The City will develop a procedure for assessing ponds to determine TSS and TP effectiveness as described in the Permit(Part III.D.6.d) This study will develop procedures for determining TSS and TP treatment effectiveness of city- owned ponds used for treatment of stormwater.A schedule will be implemented in years 2 thru 5. F.7., The City will develop written procedures for inspection of structural stormwater BMPs, ponds and outfalls, and stockpile, storage and material handling areas as described in the Permit(Part III.D.6.f.). Procedures will be in place within 12 months following the date permit coverage is extended. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 16 of 16 F.8., The City will develop and implement a stormwater management training program commensurate with each employees job duties as described in the Permit(Part III.D.6.g.). Procedures will be in place within 12 months following the date permit coverage is extended. F.9., The City will developwitten procedures to document inspections, mainenance, and training as described in the Permit(Part III.D.6.h.). Procedures will be in place within 12 months following the date permit coverage is extended. 10. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: City Engineer/Street Superindendant VI. Compliance Schedule for an Approved Total Maximum Daily Load (TMDL) with an Applicable Waste Load Allocation (WLA) (Part II.D.6.) A. Do you have an approved TMDL with a Waste Load Allocation (WLA) prior to the effective date ❑ Yes ® No of the Permit? 1. If no, continue to section VII. 2. If yes, fill out and attach the MS4 Permit TMDL Attachment Spreadsheet with the following naming convention: MS4NameHere TMDL. This form is found on the MPCA MS4 website: http://www.pca.state.mn.us/ms4. VII. Alum or Ferric Chloride Phosphorus Treatment Systems (Part II.D.7.) A. Do you own and/or operate any Alum or Ferric Chloride Phosphorus Treatment Systems which ❑ Yes ® No are regulated by this Permit(Part III.F.)? 1. If no, this section requires no further information. 2. If yes, you own and/or operate an Alum or Ferric Chloride Phosphorus Treatment System within your small MS4, then you must submit the Alum or Ferric Chloride Phosphorus Treatment Systems Form supplement to this document, with the following naming convention: MS4NameHere TreatmentSystem. This form is found on the MPCA MS4 website: http://www.pca.state.mn.us/ms4. VIII. Add any Additional Comments to Describe Your Program www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 17 of 17 11/07/2013 Introduction/Purpose of the Plan City of Elk River Surface Provide direction regarding the surface water  management practices, programs, or activities Water Management Plan that: The City mustfollow to meet State, Federal, or  Regional Permit requirements, The City would like to follow to address City  November 4, 2013 concerns. Introduction/Purpose of the PlanIntroduction/Purpose of the Plan Typically address concerns related to: Create an Implementation plan for all activities   that City believes should be undertaken Protecting or improving water quality  Reducing/managing flooding Required activities (i.e.MS4 Permit)   Impacts associated with new/redevelopment Capital Improvement Projects   Correction of identified problems Maintenance Projects/Programs   Need for Public Education re Best Practices Regulatory Programs   How are we going to Fund/Finance these activities Activities needing further study (i.e. feasibility report)   Other  1 11/07/2013 Plan OverviewPlan Overview Section 1 –Executive SummarySection 2 –Land and Water Resource Inventory  Topography Section 2 –Land and Water Resource Inventory   Soils Section 3 –Agency Cooperation  Hydrologic system  Section 4 –Problems and Corrective Actions  Water Quality Conditions(impaired waters?)  Section 5 –Goals and Policies  Precipitation information (Atlas 14)  Section 6 –Implementation Program  Other  Plan Overview Section 3 –Agency Cooperation  Identifies/Separates who is doing work related to  Watershed Management…. County  State (MPCA, DNR)  Federal (EPA, FEMA)  City……  2 11/07/2013 Plan OverviewPlan Overview Section 4 –Problems and Corrective Actions  Section 5 –Goals and Policies  List of any problems City is aware of:  Defines City Concerns and Objectives  Flooding  Defines Regulatory Programs, Requirements  Water quality  Development Standards  Erosion  Illicit Discharges  Develop Corrective Action  Plan OverviewImplementation Program Section 6 –Implementation Plan/Program  Must include required State MS4 Permit Activities.  City held accountable for implementation of MS4 program. (Federal regulations provide penalty for non-compliance up to $10,000/day) This is the most important part of plan for many  other reasons………. 3 11/07/2013 Comments? Questions? Plan Overview Where do we go from here?  Review Stormwater Plan  Review NPDES MS4 application for  Reauthorization Submit application for Reauthorization by Nov. 30  Finalize Stormwater/Implementation Plan  4 11/06//22013 L e ) 11 otI . 13 Introduction/Purpose of the Plan City of Elk River Surface • Provide direction regarding the surface water management practices,programs,or activities Water Management Plan that: •The City must follow to meet State,Federal,or Regional Permit requirements, November 4,2013 •The City would like to follow to address City concerns. Introduction/Purpose of the Plan Introduction/Purpose of the Plan • Typically address concerns related to: • Create an Implementation plan for all activities •Protecting or improving water quality that City believes should be undertaken •Reducing/managing flooding ■Required activities(i.e.MS4 Permit) •Impacts associated with new/redevelopment •Capital Improvement Projects •Correction of identified problems ■Maintenance Projects/Programs •Need for Public Education re Best Practices •Regulatory Programs •How are we going to Fund/Finance these activities •Activities needing further study(i.e.feasibility report) •Other 1 11/06/2013 Plan Overview Plan Overview • Section 1—Executive Summary • Section 2—Land and Water Resource Inventory in Section 2—Land and Water Resource Inventory •Topography • Section 3—Agency Cooperation •Soils • Section 4—Problems and Corrective Actions •Hydrologic system • Section 5—Goals and Policies _ •y ■Water Quality Conditions(impaired waters?) •Precipitation information(Atlas 14) ° • Section 6—Implementation Program i ■Other i� 4*tir Plan Overview • Section 3—Agency Cooperation ! �T �;� a � g ii, -�� "' ' �� y oo •Identifies/Separates who is doing work related to mW Watershed Management.... 9 i •County ff = " . •State(MPCA,DNR) �� ' • (EPA,FEMA g ( ) �� ■City; Pl 2 11/06/2013 Plan Overview Plan Overview • Section 4—Problems and Corrective Actions • Section 5—Goals and Policies •List of any problems City is aware of: •Defines City Concerns and Objectives ■Flooding •Defines Regulatory Programs,Requirements •Water quality •Development Standards •Erosion •Illicit Discharges �€ ��* kL •Develop Corrective Action fi Plan Overview Implementation Program • Section 6—Implementation Plan/Program ._ . 1 1 emu , ill= •Must include required State MS4 Permit Activities. "", .' 1 City held accountable for implementation of MS4 program. (Federal regulations provide penalty for ` non-compliance up to$10,000/day) _ j" irr •This is the most important part of plan for many other reasons - I 3 11/06/2013 Plan Overview Comments? Questions? •Where do we go from here? •Review Stormwater Plan �r� ^ •Review NPDES MS4 application for Reauthorization •Submit application for Reauthorization by Nov.30 •Finalize Stormwater/Implementation Plan 4