Agenda - Council Work Session - 02/23/2021

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6115.0410 MINNESOTA RULES 80 Subp. 8. Permit standards. Approval or denial shall be based on the potential hazards to the health, safety, and welfare of the public and the environment including probable future development of the area downstream or upstream. The applicant may be required to take measures to reduce risks, and the commissioner shall furnish information and recommendations to local governments for present and future land use controls to minimize risks to downstream areas. The commissioner shall determine if the proposal is adequate with respect to: A. For Class I, a showing of lack of other suitable feasible and practical alternative sites, and economic hardship which would have a major adverse effect on population and socioeconomic base of the area affected. B. For Class II, a showing of lack of other suitable feasible and practical alternative sites and that the dam will benefit the population or socioeconomic base of the area involved. C. The need in terms of quantifiable benefits. D. The stability of the dam, foundation, abutments, and impoundment under all conditions of construction and operation, including consideration of liquefaction, shear, or seepage failure, overturning, sliding, overstressing and excessive deformation, under all loading conditions including earthquake. This determination must be based on current, prudent engineering practice, and the degree of conservatism employed must depend on hazards. E. Discharge and/or storage capacity capable of handling the design flood based on current, prudent engineering practice and the hazard classification. F. Compliance with prudent, current environmental practice throughout its existence. Subp. 9. Work inspection and construction reports. Work inspection and construction reports: A. Conformity with approved designs, plans, and specifications. (1) The permittee shall be responsible for providing adequate controls of construction and operation activities and for the development of data in the ordinary course of those activities on design, construction, and operation assumptions. The owner may engage a professional engineer to operate and inspect the construction, but the designer should also periodically monitor construction. (2) All construction shall be carried out in accordance with the approved design, plans, and specifications. No alteration, modification, or addition to the approved designs, plans, and specifications that could adversely affect the safety or environmental impact of the dam shall be made by the permittee without prior permission of the commissioner. Such approvals shall be provided, if a proper margin of safety is maintained, as rapidly as possible to preclude interference with construction work schedules. Emergency short-term revisions may be made by the permittee followed by prompt notice to the commissioner. Records of alterations, modifications, or additions to the approved design, plans, and specifications, for which written approval of the commissioner was not required shall be submitted with the construction report as provided in item C. Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.