Agenda - Council Work Session - 09/13/2011

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DRAFT 8-9-2011 Wetland Definition For the purpose of these standards, wetlands: • Are defined in MN Statutes section 103G.005, subdivision 19. • Include public waters wetlands defined in MN Statutes section 103G.005, subdivision 15a. • Do not include any areas created for the purpose of stormwater management. Wetland Delineation Projects with potential wetland impacts, as determined by the local government unit (LGU) administering WCA, are required to delineate all wetland boundaries, or portions thereof within the project area. Projects triggering these standards must delineate any wetlands, or portions of wetlands, within th ,;'etlanq delineations shall be conducted using methodology approved by the MN Wetland , , Comment [TW3]: SCHURBON - I think the Conservation Act (1987 US Army Corps of Engineers Wetland Delineation Manual, along with any sentence you inserted is from the stormwater regional Supplements, or other methodology approved by WCA in the future). standards - consistency is good, but the TAc specifically told me to change it. Administration These wetland protection Standards will be administered by both the LRRWMO and member cities. The LRRWMO will apply these Standards to their permitting program. Each city must adopt Standards at least as protective as the LRRWMO Standards in their local water plan and/or ordinances, and implement them. Applicability LRRWMO Wetland Protection Standards apply to: • (Projects that disturb/alter one acre or more, or are part of a common plan of development or Sale that disturbs/alters one acre or more. L , - Comment [ta]: HIMMER _ Are we going to administer this similar to the stormwater standards; The following are exempt: projects will not be held to a higher adopted standard o Road reconstruction. wetland the project specifics bawn't changed but the wetland standards do? O Utility construction/reconstruction within road right-of-way. SCHLRBON - OK, I'll add this. o Agricultural operations >300 feet from the Rum River and not creating additional impervious Surfaces. o Gardens. o Pole setting. o Emergency activities immediately necessary for the protection of life, property, or natural resources. o Whenever the LRRWMO Board determines the proposed project is not likely to impair attainment of the purpose and intent of these Standards. Projects exempt from LRRWMO Wetland Protection Standards must Still comply with any applicable local, State, or federal requirements. (Note that projects involving wetland excavation, if disturbing/altering one acre or more, are Subject to these Standards-� - - Comment [t5]: HIMMER - if excavations or filling of wetlands is taking place wouldn't that be a Definitions: WCA issue? Obviously construction buffers can't A common plan of development or Sale is defined as a contiguous area where multiple Separate and be put in place if impacts to the wetlands are distinct land disturbing activities may be taking place at different times, on different Schedules, but under occurring. SCHURBON - Certain impact to wetlands, one proposed plan. One plan is broadly defined to include design, permit application, advertisement or including some filling and certain excavation can physical demarcation indicating that land disturbing activities may occur. occur under WCA. LRRWMO Wetland Protection Standards page 2