Agenda - Council Work Session - 02/23/2021

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31 MINNESOTA RULES 6115.0201 L. Watercourse channel excavations to restore or improve fish and wildlife habitat shall require plans showing the nature and degree of habitat to be benefited, and information showing that the project will not create other adverse effects such as flooding, erosion, sedimentation, or navigational obstructions. M. Watercourse channel excavations in trout streams officially designated by the commissioner shall only be allowed if: (1) the amount, method, and location of the channel excavation will not result in increased water temperatures, cause excessive sedimentation in the stream, or destruction of fish habitat; and (2) there is no other feasible or practical alternative other than channel excavation. N. The straightening or realignment of a watercourse with a total drainage area, at its mouth, greater than five square miles shall only be permitted where the project will not result in increased downstream flooding, erosion, or sedimentation. Where it is proposed to straighten or realign a watercourse with a total drainage area, at its mouth, greater than five square miles, the applicant may be required to submit appropriate hydraulic data. Such data may include: (1) contributing watershed above the project; (2) data for the flood of record; (3) maximum observed high water level; (4) flow data, based on the best available technology as follows: (a) existing and proposed time of concentration; (b) existing and proposed stage downstream; (c) existing and proposed mean velocity downstream; (5) certification that the data was prepared by a registered professional engineer. O. The alteration of watercourses by straightening or realigning channels to facilitate adjacent land use shall be allowed only if the applicant provides evidence: (1) that the alteration is reasonable, practical, and will adequately protect public safety and welfare; and (2) that the alteration will involve a minimum of encroachment, change, or damage to the environment, particularly to the ecological system of the waterway. P. All other proposals for excavations in public watercourses shall meet the general requirements of part 6115.0200, subparts 2 to 5 and the specific requirements of subparts 2 to 6 and shall require submission of supporting evidence as provided in items N and O. Statutory Authority: MS s 103G.315; 105.415 Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.