Agenda - Council Work Session - 09/13/2011

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DRAFT 8-9-2011 Project area is defined as the parcel(s) to which the permit would apply or the area encompassed by the common plan of development, whichever is greater. Land disturbance is defined as activity that results in a change or alteration in the existing ground cover (both vegetative and non -vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, development, redevelopment, construction, reconstruction, clearing, grading, filling, stockpiling, excavation, and borrow pits. Road milling/overlay, demolition, and routine vegetation management activities will not be considered land disturbance. Permit Application Materials Any project to which these standards are applicable must submit a completed LRRWMO permit application and all materials requested within that application. LRRWMO permit materials are available on the LRRWMO website. Permits from other entities, such as the city, US Army Corps of Engineers, MN DNR, MN Pollution Control Agency, or others may also be necessary. Permit Process and Reviews Projects may require approvals/permits from both the LRRWMO and the city. The LRRWMO permit application must be submitted to the LRRWMO, not the city. LRRWMO permit materials are available on the LRRWMO website. Questions can be directed to the LRRWMO representative or city staff liason to the LRRWMO for the city where the project will occur. These contacts are listed on the LRRWMO website with the permitting materials. The city and LRRWMO will coordinate their permit reviews; duplication in the review process will be minimized by a review checklist that all reviewers use. Stormwater Discharge into Wetlands Stormwater discharge into wetlands must comply with LRRWMO Stormwater Standards. Temporary Wetland Protections During Construction Areas within 16 feet of a wetland boundary must be protected from land grading and other disturbance during the construction process. The purpose is to prevent construction impacts to the wetland, such as erosion and vegetation removal. The area temporarily protected during construction: • Must be no less than 16 feet wide from the wetland boundary. • Must be present where ever land disturbance is occurring within 100 feet up -gradient of the wetland boundary. • Must not be graded or disturbed. • Must be demarcated by a properly installed heavy duty silt fence. Fiber logs or other continuous temporary erosion measures maybe used if approved by the LRRWMO and/or the City. All erosion control measures must be installed and inspected prior to initiating any site disturbance activities. These materials must be in place throughout the construction process, including land grading and building. L t • May be accomplished by installation of erosion control around the perimeter of land disturbance used to satisfy LRRWMO, city, or state erosion control rules provided it is consistent with the other specifications listed in this section. • May be encroached upon for: o Activities associated with planting native vegetation or management to favor native vegetation. Encroachment for establishing turf grass is not allowed. LRRWMO Wetland Protection Standards page 3 Comment [t6]: HIMMER - We may need to rethink this a little, as when builders are preparing for landscaping installation they typically remove the silt fence (and accumulated sediment) so they have a nice match point to the adjacent land. It seems strange that we would require them to landscape only to the construction buffer, and once that is established the silt fence can then be removed & they can then disturb (if they choose). My guess is that when they are installing he landscaping they will not want to accomplish it in 2 phases, but rather landscape everything to the limits they would like. Homeowners usually pay the builder to perform final landscaping, and if they want their entire yard sodded are they really going to have to wait and do it on their own when the builder's "construction work" is completed & established? SCHURBON — Perhaps we can get more feedback on this as the councils and LR Bd review this. A couple things from TAC discussions that apply to this — (a) delineation is inherently imprecise, so 16 ft serves as a protective margin of error, (b) one goal is to start off the homeowner with the wetland edge ecologically intact, then they get to decide- may builders would disturb to the edge as their default. Comment [t7]: See 5 above