Agenda - Council Work Session - 04/11/2023

Home

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (2) a. 1 C. (ii) Along rivers, existing shading of water surfaces is preserved; and (iii) The provisions of this subsection (g)(1) of this section are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. Topographic alterations/grading and filling. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this subdivision must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. Public roads and parking areas are regulated by this subdivision. Notwithstanding subsections (g)(2)a and b of this section, a grading and filling permit will be required for: 1. The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and 2. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: 1. Grading or filling in any type 2, 3,4, 5, 6, 7,or8wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the state department of natural resources, or the United States Army Corps of Engineers. The applicant will be so advised. (i) Sediment and pollutant trapping and retention; (ii) Storage of surface runoff to prevent or reduce flood damage; (iii) Fish and wildlife habitat; (iv) Recreational use; (v) Shoreline or bank stabilization; and (vi) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. 2. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; 3. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; 4. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; 5. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; 6. Fill or excavated material must not be placed in a manner that creates an unstable slope; 7. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; 8. Fill or excavated material must not be placed in bluff impact zones; 9. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stats. § 103G.245; Page 128 of 147