Agenda - Council Work Session - 02/23/2021

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23 MINNESOTA RULES 6115.0200 A. for excavations in a public watercourse having a total drainage area, at its mouth, of five square miles or less, if the watercourse is not an officially designated trout stream and the excavation will not result in: (1) any diversions of water from the drainage area; (2) any impoundment of waters by damming the watercourse; or (3) any actions that would result in erosion and cause sedimentation of downstream waters as determined by the county or local soil and water conservation district; B. to remove debris such as trees, logs, stumps, and trash provided such removal does not alter the original alignment, slope, or cross-section of the waters; or C. for repair of a public drainage system lawfully established under Minnesota Statutes, chapters 103D and 103E, and sponsored by the public drainage authority consistent with the definition of "repair" in Minnesota Statutes, section 103E.701, subdivision 1. Subp. 5. Permits required. Permits are required for the excavation and removal of any materials from public waters or any excavations extending into or out of public waters, except as provided in subparts 3 and 4, and a project is subject to the following general criteria: A. the project is reasonable and practical based upon geologic and hydrologic conditions, including but not limited to: (1) quantity and quality of local drainage at the site; (2) type of sediment/soil strata and underground formations in the vicinity; (3) life expectancy of the excavation with respect to bedload, longshore drift, and siltation patterns in the project vicinity; and (4) protection of the water body from increased seepage, pollution, and other hydrologic impacts; B. the disposal of excavated materials is subject to the following requirements: (1) the disposal of any excavated materials containing pollutants is subject to requirements of Minnesota Statutes, chapter 115; and (2) the most acceptable means of disposing of clean materials, free from pollutants, that are excavated from public waters listed in order of preference are: (a) complete removal of excavated materials from the waters and disposal or reuse for other purposes outside of the floodplain; (b) deposition in stable on -land disposal sites located above the ordinary high water level and outside of floodway districts established under local ordinance. Provisions must be included for sodding, seeding, or otherwise properly stabilizing these materials; Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.