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5367 PUBUC WATER REsoURcES 6115.0190 <br /> <br /> A. to achieve vegetation control; <br /> B. to create upland areas, except where expressly provided herein; <br /> C. to stabilize beds of protected waters which cannot support fill materi- <br />als because of excessive depths of muck, steep bank, bed slope, or other condi- <br />tions~ <br /> D. to stabilize or impound the site of active springs; <br /> E. to dispose of rock, sand, gravel, or any other solid material resulting <br />from activities carried out above the ordinary high water mark; <br /> .~_o construct a roadwa~; or pathway, or create or imProve land accesses <br />from peripheral shorelands to islands, or to facilitate land transportation across <br />the waters; however, where a project is proposed by a federal, state, or local <br />government agency and this provision would prevent or restrict the project, or <br />create a major conflict with other public purposes or interests, the commissioner <br />may waive this provision provided: <br /> (I) there is no other feasible and practical alternative to the project <br />that would have less environmental impact; and <br /> (2) that the public need for the project rules out the no-build <br />alternative; <br /> G. filling of posted fish spawning areas is prohibited. <br /> Subp. 4. No permit required. No permit shall be required for the following <br />activities unless prohibited under subpart 3: <br /> A. To install a beach sand blanket provided the sand or gravel layer does <br />not exceed six inches in thickness, 50 feet in width along the shoreline, or one-half <br />the width of the lot, whichever is less, and does not extend more than ten feet <br />waterward of the ordinary high water mark, provided local watershed district and <br />local zoning officials are given at least seven days notice by the landowner. <br /> B. For one additional installation of a sand or gravel layer subsequent <br />to an initial installation at the same location and not exceeding the same amounts <br />and dimensions allowed under item A. <br /> C. To install riprap shore protection, except along the shores of Lake <br />S~aperior and officially designated trout streams, provided the riprap materials <br />consist of natural rock having an average size of 12 inches-or larger in its smallest <br />dimension, and conform with the natural alignment of the shoreline, with a <br />minimum finished slope not steeper than 3:1 horizontal:vertical, no materials are <br />placed more than five feet waterward of the ordinary high water mark, and the <br />material does not obstruct the flow of water. <br /> D. To place fill in a protected watercourse having a total drainage area, <br />at its mouth, of five square miles or less, provided that the watercourse is not an <br />officially designated trout stream and the placement of fill shall not result in: <br /> (1) any diversions of water from the drainage area; <br /> (2) any impoundment of waters by damming the watercourse; <br /> (3) any actions which would result in erosion and cause sedimenta- <br />tion of downstream waters as determined by the county or local soil and water <br />conservation district. <br /> Subp. 5. Permits required. Permits shall be required for the placement of fill <br />in protected waters, except as provided under subparts 3 and 4, and shall meet <br />all of the following requirements: <br /> A. ,the project will involve a minimum of encroachment, change, or <br />damage to the environment, including but not limited to fish and wildlife habitat, <br />navigation, water supply, and storm water retention; <br /> B. the fill consists of dean inorganic material that is free of Pollutants <br />and nutrients; <br /> C. the existence of a stable, supporting foundation is established by <br /> <br />:6115.0190 PUE <br /> <br />aPProPriate m~ <br />commissioner, <br /> 12). wh <br />the site conditi, <br />erosion control <br />consistent witl~ <br /> E. the <br />a specific need <br /> F. the <br />phy, and susce <br />and currents a <br /> G. ad <br /> shall be subjec <br /> H. th <br /> shorcland, ant' <br /> the waters <br /> i. thc <br /> management <br /> such plans an, <br /> Statutory <br /> History: <br /> <br /> 6115.0191 SP <br /> Subpart i <br /> in part 6115. <br /> shall be met <br /> Subp. 2. <br /> erosion by p' <br /> provided: <br /> A.? <br /> withstand ic <br /> amount of si <br /> be filled wit~ <br /> surface. <br /> B.' <br /> of well-grad~ <br /> of the riPrat <br /> C.' <br /> to provide <br /> Subp. <br /> shall be per <br /> attained by. <br /> alternatives <br /> Fill for. <br /> shall not <br /> a maximun <br /> depth grea: <br /> Subp. <br /> land lost b <br /> <br /> impending <br /> B <br /> or flow cc <br /> waters inv <br /> an applica <br /> <br /> <br />