Rule D: Erosion Control Plans

1. Policy.

It is the policy of the Board of Managers to prevent erosion of soil into surface water systems by requiring preparation and implementation of erosion control plans for land disturbance activities.

2. Regulation.

A permit and an erosion control plan is required for new development, redevelopment, or additions to an existing site.

3. Design Criteria For Erosion Control Plans.

Erosion Control Plans must comply with the following criteria:

• (a) Natural site topography and soil conditions must be considered to reduce erosion and sedimentation during construction and after project completion.
• (b) Site erosion and sediment control practices must be consistent with recommendations of the Best Management Practices identified in the Minnesota Pollution Control Agency’s “Protecting Water Quality in Urban Areas,” and be sufficient to retain sediment on-site.
• (c) Erosion and sediment control measures must be installed prior to land altering activities and routinely inspected and maintained by permittee during the project until final turf and ground cover is established as documented in “Protecting Water Quality in Urban Areas” (MPCA, 1989). Permittee will inspect project sites after every rainfall event exceeding 0.5 inches and implement erosion and sediment control measures addressed as needed. The project must be phased as best possible to minimize disturbed areas and removal of existing vegetation until necessary for project progress. In order to ensure that sediment is retained on-site, the District Inspector may require the permit applicant to provide additional erosion control measures where site conditions warrant.
• (d) Silt fences will be removed after all disturbed areas have been permanently stabilized.

4. Required Exhibits.

The following exhibits must accompany the permit application. One set, full size; two sets, reduced to maximum size of 11”x17”.

• (a) An existing and proposed topographic map which clearly indicates all hydrologic features and areas where grading will expose soils to erosive conditions. The Plan must also indicate the direction of all site runoff.
• (b) Tabulation of the construction implementation schedule.
• (c) Name, address and phone number of party responsible for maintenance of all erosion control measures.
• (d) Identification of all temporary erosion control measures which will remain in place until permanent vegetation is in place. Examples include, but are not limited to: Seeding with perennial vegetation, mulching, sodding, silt fence, erosion control matting, and hay bale filter barriers.
• (e) Identification of all permanent erosion control measures such as outfall spillways and riprap shoreline protection, and their location.
• (f) For projects over one acre of graded area, documentation that the project applicant has applied for a National Pollutant Discharge Elimination System (NPDES) general permit from the Minnesota Pollution Control Agency (MPCA).
• (g) Tabulation of all earthwork cut-and-fill volumes and computation of any floodplain volume and/or wetland area changes.

5. Exceptions.

• (a) Rule D and its requirements will not apply to development or redevelopment of individual sites less than 2.5 acres in size for industrial, commercial, and multi-unit residential, and less than five acres in size for single-family residential, unless such development or redevelopment:
  • (1) Is within the 100-year floodplain.
  • (2) Is within 1,000 feet of a public water or protected wetland.
  • (3) Is within 300 feet of Rice Creek, Hardwood Creek, Clearwater Creek, or of a public ditch.