Agenda - Council Work Session - 02/23/2021

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6115.0280 MINNESOTA RULES 70 C. the proposed alteration of public waters is necessary and no other feasible and economical method for it is reasonably available; D. the proposed alteration of public waters will not substantially impair the interests of the public in lands or waters or the substantial beneficial public use thereof, except as expressly authorized in the permit, and will not endanger public health or safety; E. the proposed mining operations will be in the public interest and that the public benefits resulting from it will be sufficient to warrant the proposed alteration of public waters; F. the activities represent the minimal impact solution with respect to watershed modifications, watercourse diversions or changes, drainage, runoff and seepage management, and avoidance of major adverse changes in the ecosystem of public waters having substantial public value; G. whenever public watercourses must be diverted or changed to facilitate mining, the design and construction of the diversion or change shall provide for: (1) maintenance of adequate flows and levels in order to protect instream flows and prevent downstream flooding; and (2) measures to prevent bank erosion and sedimentation in order to protect water quality; (3) details on the location, relocation, and utilization of the watercourse after cessation of mining; H. whenever public waterbasins and public water wetlands are allowed to be drained to facilitate mining, and such drainage is justified and legally permitted, compensation for the loss of the basin is provided for by either: (1) immediate replacement of the public waterbasins and public water wetlands with waters of equal or greater value; or (2) submission of acceptable plans for the eventual replacement of the public waterbasins and public water wetlands with waters of equal or greater value upon cessation of mining activities; and I. whenever a water impoundment is necessary and justified to facilitate mining, the design, construction, operation, and maintenance of the impoundment structure shall: (1) meet the applicable requirements of parts 6115.0300 to 6115.0520 pertaining to dam safety; (2) provide hydrologic and hydraulic measures to ensure that any public waters downstream of the impoundment area are adequately protected with respect to maintenance of water quantity and quality and prevention of flooding; and (3) include plans detailing the disposition and utilization of the impoundment area after cessation of mining activities. Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.