Agenda - Council Work Session - 02/23/2021

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6115.0200 MINNESOTA RULES 24 (c) temporary deposition along shorelines or within floodplains by stockpiling materials for subsequent removal to areas outside of any public waters and outside of established floodplain districts provided that: any stockpile materials are removed within one year of stockpiling; and the stockpile is constructed so that any materials or waters entering or leaving the stockpile are controlled to prevent any introduction of sediment into the environment surrounding the stockpile; (d) redeposition of excavated materials, consisting of inorganic materials free from pollutants, into public waters shall only be permitted when it will result in improvement of natural conditions of public waters for the public benefit and will not result in sedimentation, obstruction of navigation, or a loss of fish or wildlife habitat. Separate permit provisions are required for redeposition of excavated materials subject to the standards and criteria of subparts 2 to 5; and (e) determination of the public benefit served by redeposition of excavated materials is based on the value to the public of redeposited materials in order to protect shorelines from the damaging effects of erosion due to winds and waves when there are no other feasible, practical, and ecologically acceptable means to protect the shoreline; or create or improve habitat areas for fish and wildlife; or mitigate or enhance the physical and biological environment within public waters when mitigative or enhancement measures are required as a condition of a permitted activity within the waters involved and there are no other feasible, practical, and ecologically acceptable mitigative measures; C. the proposed project represents the "minimal impact" solution to a specific need with respect to all other reasonable alternatives and does not exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters; D. the excavation is limited to the minimum dimensions necessary for achieving the desired purpose; E. when excavation is proposed in a public water that is perched on an impervious stratum, soil borings show that the proposed excavation will not rupture the impervious stratum; F. the biological character of the waters and surrounding shorelines is affected to the minimum degree feasible and practical; G. adverse effects on the physical or biological character of the waters are subject to feasible and practical measures to mitigate the effects; H. the water supply, navigational, and drainage characteristics of the waters is protected to ensure that the interests of the public and of private riparian landowners are not adversely affected by the proposed excavation; I. the proposed excavation is consistent with applicable floodplain, shoreland, and wild and scenic rivers management standards and ordinances for the waters involved; J. the proposed excavation is consistent with plans and management programs of local and regional governments, provided that such plans are consistent with state plans and programs; and Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.