RULES OF
THIRTY LAKES WATERSHED DISTRICT
P.O. BOX 376
BRAINERD, MN 56401
IN PART OF CROW WING COUNTY
ADOPTED BY THE
1.1 Statutory Purpose
1.2 Statutory Authority to Adopt Rules
1.3 Short Title
1.4 Jurisdiction
1.5 Amendment of Rules
1.6 Adoption of Rules
1.7 Inconsistent Provision
1.8 Scope
1.9
Severability
1.10 Rights of Appeal
1.11 Interpretation and Intent
SECTION
2.1 General Policy
2.2 Cooperation with other Governments
2.3 More Restrictive Rules
SECTION
SECTION
4.0 The Requirement for a Watershed District Permit
4.1 Improvement Requiring a Watershed District Permit
4.2 Permit Procedures
4.3 Application for Permit
4.31 Additional Information Requirement
4.4 State and Federal Permits
4.43 Obtaining Necessary State and Federal Application Forms
5.0 General Policy Statements on Certain Water Management Concerns
5.1 Land Alteration
5.11 Erosion and Sedimentation
5.12 Protective Watercourses
5.13 Protection of Lakeshore
5.2 Highways, Roads and Streets
5.3 Pollution Control and Water Quality Enhancement
5.31 Individual Responsibility
5.32 Individual Sewage Systems
5.33 Agricultural Wastes
5.34 Discharges from Municipal, Industrial Waste Treatment
Plants and Residential Systems
5.35 Mandatory Reporting of Contamination of Watershed
District Waters
5.36 The Use of the Waters of the Watershed District
5.4 Water Conservation
6.0 Local Governmental Responsibilities
7.0 Enforcement Powers of Board of Managers
7.1 Manner of Enforcement
7.2 Notification Regarding Violations
7.3 Liability
8.0 Public Meetings, Hearings and Records
8.1 Meetings
8.2 Hearings
8.3 Waiver of Hearing
8.4 Records
SECTION 1.0 INTRODUCTION
The Thirty Lakes Watershed District was established by Order of the Minnesota
Water Resources Board on May 18, 1971.
1.1 STATUTORY PURPOSE
The purpose of these rules is to accomplish the objectives set forth in Section
103D.201 Subd. l of Minnesota Statutes. Briefly, these objectives are to protect
the natural resources of the Watershed District, to protect the health and
welfare of the District's residents, to control direct and indirect pollution of
waters within the District, and to otherwise maintain the high quality of the
surface and ground waters of the District.
1.2 STATUTORY AUTHORITY TO ADOPT RULES
Minnesota Statutes, Section 103D.341: "Managers, Powers, Duties. Subd. lc. Each
district shall adopt rules to accomplish the purposes of this chapter and to
implement the powers of the managers."
1.3 SHORT TITLE
These rules shall be known and may be cited as the "Thirty Lakes Watershed
District Rules."
1.4 JURISDICTION
The jurisdiction of these rules shall include all of the area, incorporated and
unincorporated, including both land and water and atmospheric loading within the
territory of the Thirty Lakes Watershed District (See Map on page 20).
1.5 AMENDMENT OF RULES
These rules of the Watershed District may be amended by the Board of Managers.
Any property owner within the Thirty Lakes Watershed District boundary may
petition the Board of Managers for an amendment of the rules.
1.6 ADOPTION OF RULES
The Board of Managers shall comply with the following procedure in adopting
rules: Minnesota Statute 103D.341 Subdivision 2.
(a) A copy of the proposed rules or amendments shall be submitted to each
manager of the Watershed District at least thirty (30) days prior to its
adoption by the Board of Managers.
(b) Any proposed rule or amendment thereof or revision of these rules shall be
adopted by majority vote of the Board of Managers after a public hearing has
been held on said proposed rule or amendment. The public hearing shall be held
at a date, time and place determined by the Board of Managers and notice of said
hearing shall be given to the public by reasonable publication in a newspaper of
general circulation in each county within the Watershed District.
(c) The original copy of the adopted rule, rules, amendment or amendments, shall
be signed by the secretary of the Board of Managers and shall be recorded in the
official minute book of the watershed district. In addition, copies shall be
distributed to the Crow Wing County
Auditor, the County Commissioners of Crow Wing County, and to the Town Board
Chairman of each town having territory wholly or partially in the watershed
district. A copy of the adopted rules shall be mailed to the governing body of
each municipality affected. Adopted rules shall be published in one or more
legal newspapers published in Crow Wing County. A copy of the adopted rules
shall be filed with the County recorder of Crow Wing County. Copies shall also
be distributed to the following agencies Minnesota Department of Natural
Resources, Minnesota Pollution Control Agency, Minnesota Department of Health,
the Minnesota Board of Water and Soil Resources, and the U. S. Army Corp of
Engineers.
(d) Each rule adopted by the Board of Managers shall have the full force and
effect of law.
1.7 INCONSISTENT PROVISION
If any rule or rules herein contained are inconsistent with the provisions of
Minnesota Statutes Chapter 103D, or other applicable laws of the State of
Minnesota, the provisions of Chapter 103D or other applicable law shall govern.
1.8 SCOPE
It is not intended by these regulations to repeal, abrogate, annul or in any way
impair or interfere with existing provisions of other laws, or with private
restrictions placed upon property by covenant, deed, or other private agreement.
1.9 SEVERABILITY
The provision of these rules shall be severable and the invalidity of any
section, paragraph, subparagraph, or subdivision thereof shall not make invalid
any other section, subsection, paragraph, subparagraph, subdivision, or any
other part thereof
1.10 RIGHTS OF APPEAL
Any person believed to be adversely affected by the adoption or enforcement of a
rule or any action of the Board of Managers rising out of and pursuant to the
adoption or enforcement of a rule may appeal from the rules or any action taken
thereon in accordance with appellate procedure and review provided by Minnesota
Statutes, Section 103D.537.
1.11 INTERPRETATION AND INTENT
These rules shall be fairly read so as to give effect to the plain meaning of
words and the
definitions herein after set forth, to accomplish the objectives comprehended in
its purpose, and as far as possible to be in keeping with the constitutions of
this State and of the United States. It is not intended that these rules, or any
article or section thereof, as applied to particular facts, should bring about a
result, which is clearly unreasonable or practically impossible to execute.
Provisions dealing with the same subject matter shall be read together so as to
avoid contradiction and redundancy. And where ambiguity persists, these rules
shall be strictly construed out of respect for the rights of private property.
2.1 GENERAL POLICY
These rules are, and shall be adopted by the Board of Managers of the Thirty
Lakes Watershed District, to effectuate the purposes of Minnesota Statutes
Chapter 103D and the powers of the Board of Managers therein prescribed. It is
the intention of the Board of Managers that its rules conform to the Legislative
Policy of Chapter 103D. This Legislative Policy said that the Thirty Lakes
Watershed District was established to carry out the conservation of the natural
resources within its territory upon sound scientific principles for the
protection of the public health and welfare and the provident use of its natural
resources. The Board of Managers of the Thirty Lakes Watershed District accepts
the responsibilities with which they are charged as the governing body of the
Watershed District by Minnesota Statutes. The Board of Managers, in the conduct
of the duties and responsibilities conferred upon them, do not intend to usurp
the authority or responsibilities of other governing bodies or agencies. The
Board of Managers, however, will not avoid its responsibilities and obligations.
The Board of Managers desires to become informed of improvements and land development proposals by individuals, municipalities, or other agencies at the initial planning stage in order that input by the Watershed District is made available to interested parties in a timely manner and to minimize adverse environmental impacts. The objective of the Board of Managers is to encourage environmentally sound utilization of land areas within the Watershed District in accordance with land development guides and drainage plans adopted by Crow Wing County and by affected municipalities and towns. See Section 4.1 of these rules. The Watershed District shall exercise control over proposed development to the extent necessary to protect water and related resources of the Watershed District.
In the management of land within the territory of the Watershed District, determination of land use and primary control rests with the county, cities, and towns. The zoning of land use is recognized as a responsibility of the county, cities, and towns except as otherwise provided by law. The Board of Managers shall exercise control over proposed development within the Watershed District to the extent necessary to protect the waters and related resources of the Watershed District.
It is the Board of Managers' intention to use these rules as a management tool in carrying out its responsibility to make wise and provident decisions in management of the Watershed District's water resources. The Board of Managers' intent is to accomplish its purpose in a manner that is most beneficial to the general welfare of its present and future residents of the Watershed District and to minimize adverse environmental impacts upon the water resources of the Watershed District.
2.2 COOPERATION WITH OTHER GOVERNMENTS
It is the stated intention of the Board of Managers to cooperate with all
federal, state, and local units of government and their respective agencies in
the conservation of the natural water resources for the common good of the
public.
2.3 MORE RESTRICTIVE RULES
The statutes governing the following agencies shall apply to the extent that
such statutes, rules, or regulations are more restrictive than these rules,
unless such statutes, rules, and regulations deal with the formation of a new
watershed district to with:
(a)
The Minnesota Department of Natural Resources, Minnesota Department of
Health, Minnesota Pollution Control Agency, and Minnesota Environmental Quality
Board.
(b) The Crow Wing County Soil and Water Conservation District.
(c) Any zoning, solid waste, sanitation or subdivision ordinances of Crow Wing County.
(d) Any ordinances, rules or regulations, of any towns or cities existing in whole or in part, within the Thirty Lakes Watershed District.
(e) The Minnesota Watershed Act, Minnesota Statutes Chapter 103D.
(f) The Minnesota Environmental Rights Law, Minnesota Statutes Chapter 116B.
(g)
The Minnesota Environmental Policy Act, Minnesota Statutes Chapter 116D.
For the purposes of these Rules, certain words and terms are herein defined as follows. In the absence of a definition hereinafter, the definitions established for the State of Minnesota by statute or by case law shall apply to these Rules unless clearly in conflict, clearly inapplicable, or unless the context makes such meaning repugnant thereto. Certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally.
A. BOARD OR BOARD OF MANAGERS shall mean the Board of Managers of the Thirty Lakes Watershed District.
B. DEPARTMENT OF NATURAL RESOURCES or DNR shall mean the Minnesota Department of Natural Resources.
C. DEVELOPMENT shall mean by explicit presentation (as in a drawing or plans) of a proposed change of the form of a land surface to convert land into an area suitable for residential, business, or recreational purposes and to act to develop the land with necessary utilities and other appurtenances.
D. DOMESTIC WATER USE shall mean the use of water for common household or farm use.
E. FILL shall mean any material placed or intended to be placed on the bed or shoreland of a body of water, wetland or watercourse.
F. GENERAL WELFARE shall include any act or thing tending to improve or
benefit or
contribute to the safety or well-being of the general public or benefit the
inhabitants of the Watershed District. General Welfare shall be synonymous with
"Public Welfare" or
"Public Benefit."
G. GOVERNMENTAL SUBDIVISION shall mean any legally constituted political subdivision having the powers of establishing governing policies, the authority to levy taxes, and having duly elected officials, which form a governing body. Such governmental subdivisions (or governmental units) for the purposes of this definition shall include only the United States of America, the State of Minnesota, the County of Crow Wing, and the various cities and towns or portions thereof that lie within the Watershed District.
H. GOVERNMENTAL AGENCY shall mean any legally constituted non-elected body
performing in an advisory or support capacity to a duly elected governmental
subdivision. Such agencies shall include, but not necessarily be limited to, the
United States Department of Agriculture, the Board of Water and Soil Resources,
the Minnesota Department of Natural Resources, the Minnesota Pollution Control
Agency, the Corps of Engineers, and the Minnesota Department of Health.
I. INDIVIDUAL SEWAGE TREATMENT SYSTEM shall mean a sewage treatment
system, or part thereof, serving a dwelling, or other establishment, or group
thereof, which utilizes subsurface soil treatment and disposal.
J. PERMIT, WATERSHED DISTRICT shall be the permit document issued by the
Watershed District for the purposes of permitting the applicant or permit holder
to perform work in the Watershed District
K. PERSON shall mean any individual, firm partnership, association, or corporation, but does not include public or political subdivisions or governmental subdivisions.
L. PLAN shall mean a map, drawing, report, photograph or other similar supportive exhibit for a proposed work project.
M. PUBLIC HEALTH shall mean any act or thing or condition; which tends to improve the general sanitary conditions of the Watershed District.
N. SHORELAND shall mean land located within the following distances from
public waters:
(1) One thousand (1,000) feet from an ordinary high water level or highest
documented known level as published by the DNR of a lake, pond or flowage;
(2) Three hundred (300) feet from a river or stream bank.
O. STORM SEWER shall mean a system of pipe installed for the specific purpose of transporting surface and/or underground waters from one location to another and said system need not be continuously constructed only of pipe, but may include reaches of flumes, spillways, or open channels.
P. WATERS OF THE THIRTY LAKES WATERSHED DISTRICT shall mean waters of the state within the boundary of the Thirty Lakes Watershed District.
Q. WATERSHED DISTRICT shall mean the legally established agency named and referred to as the Thirty Lakes Watershed District, when the first letters are capitalized. When the word "district" appears without capitalization, it shall mean the land contained within the boundary of the governmental unit, the Thirty Lakes Watershed District, as established by the Board of Water and Soil Resources.
R. ORDINARY HIGH WATER LEVEL means the boundary of water basins, watercourses, public waters, and wetlands, and:
(1) The ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial,
(2) For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and
(3) For reservoirs
and flowages the ordinary high water level is the operating elevation of
the normal summer pool.
S. PUBLIC WATERS means a body of water capable of substantial beneficial public use. This shall be construed to mean, for purposes of these rules, any body of water which has the potential to aid or support fish, wildlife and water quality protection; flood water retention and any type of recreational pursuit or water supply purpose, including but not limited to the lakes, ponds or flowages as listed in the Public Waters Inventory of Minnesota Statute 103G.201 (1991).
T. AGRICULTURAL WASTE shall mean animal manure and waste. Animal manure means poultry, livestock, or other animal excreta or a mixture with feed, breeding, or other materials Animal manure includes that which is used as fertilizer. Animal waste shall mean animal manure; which is stored, transported, or disposed of as an unwanted waste material and which poses a potential pollution hazard to the land, air, or waters of the State. This shall not include animal manure used as fertilizers.
U. HIGHEST KNOWN WATER LEVEL shall mean the highest documented known lake level as published by the DNR.
SECTION 4.0 THE REQUIREMENT FOR A WATERSHED DISTRICT PERMIT
The Board of Managers finds that a permit program for certain uses of water or
for performing works affecting water resources of the Watershed District is
needed to ensure the wise development and conservation of the Thirty Lakes
Watershed District water resources, to effectuate the purposes and intent of the
Minnesota Watershed Act, and to enhance the environment.
An application form shall be filed with the Board of Managers and a permit
obtained from the Board of Managers as hereinafter provided.
SECTION 4.1 IMPROVEMENT REQUIRING A WATERSHED DISTRICT PERMIT
All persons, municipalities, or other agencies undertaking works of improvement,
projects, or use of water within the boundary of the Watershed District, may be
required, as set forth in these Rules, as amended, to submit engineering data
and/or other information as may be required on an application for a permit form
and receive a permit prior to any work being started for the following:
(a) Any work which requires a permit from the Minnesota Department of Natural Resources or the United States Army Corps of Engineers, if such work touches upon or affects any lake, stream, wetland, irrigation, drainage ditch, other surface waters, any well or other ground waters of the district.
(b) Any work which requires a permit from Crow Wing County, or any
department,
municipality, or town thereof, if such work falls within 1,000 feet of the
ordinary high water level or highest documented level as published by the DNR of
any lakes, touches upon or affects any lake, stream, wetland, irrigation,
drainage ditch, other surface waters, any well or other ground waters of the
district.
(c) Any sanitary sewer, storm sewer or other major utility project
contemplated by any
government subdivision within the Watershed District.
(d) Any public or private street, road or highway construction project, or any other construction project which by means of its construction may have an effect on the quantity or quality of water runoff.
(e) Any drain tile or drainage ditch that drains directly or indirectly into any public waters.
(f) Any works which include dredging or filling of any lowland, marsh, pond or drainage- way.
(g) Any bridge, dike, culvert or drain across any natural drainage-way, lake or marsh.
(h) Any diking, excavating, grading or filling adjacent to any drainage-way, lake or marsh, exclusive of the maintenance of any roadway surface.
(i) Any structure to be built; located or relocated on any property within the Watershed District.
(j) Any artificial drainage-way or canal cut across a sub-watershed within the district.
(k) Drainage of any marsh, pond, or wetland.
(I) Construction, alteration, repair or removal of any dike or reservoir
within the district.
(m) Any field ditching or draining of any area within the District's shoreland or in excess of one acre outside the District’s shoreland.
(n) Any land alterations which remove surface vegetation from more than one acre.
(o) Any work on a lake lot which removes or alters an ice ridge.
SECTION 4.2 PERMIT PROCEDURES
(a) Applicant shall obtain copies of any application forms from the Watershed
District.
(b) When it is necessary for the Watershed District Engineer or other consultant
to review the application and all exhibits, view the site, and make a report to
the Watershed District as to the technical implication of the work, fees for
such services may be assigned to the applicant.
(c) The Board of Managers may, at its discretion, require the applicant to
appear before the Board to present his application for permit and to give any
testimony the Board feels proper in making a decision to the granting or refusal
of the permit.
(d) If the permit is issued, the applicant shall abide by all of the conditions
of its issuance and shall, in any case, be responsible for the timely
notification to the Watershed District of the commencement of work so that
proper observation and inspection can be made.
(e) If required by the Board of Managers of the Watershed District, the
applicant shall file a bond or other approved form of escrow deposit with the
Board of Managers in an amount set by the Board and conditioned on performance
by the applicant of authorized activities in conformance with the terms of the
permit. Said bond or escrow deposit shall be filed prior to issuance of the
permit. The bond or escrow shall be deposited with the Watershed District Board
before any work is commenced, and when work is completed in a satisfactory
manner, the bond or escrow deposit shall be released to the applicant. If the
work is of such a nature that the fact of acceptable completion is difficult to
determine immediately after the completion thereof, the Watershed District may
retain the bond or escrow deposit for a period not to exceed six (6) months at
which time a final determination of acceptability shall be made.
(f) If the Watershed District determines that the work is not acceptable, the
bond or other
escrow deposit shall be forfeited and the Watershed District shall complete the
work
using those funds. The Watershed District shall return unused funds to the
permit holder or agent after completion of the work. If said funds are
insufficient to complete
the work, the Watershed District may complete work and assess the permit holder
under
the enforcement provisions of the statute and these Rules.
(g) If the Board determines that it is necessary to monitor an activity
authorized by permit, all such monitoring costs may be charged and collected
from the permit holder.
(h) The fees and cost prescribed herein may not be charged to an agency of the
United States or any governmental unit in this state on a reciprocal basis.
(I) All issued permits shall be signed by the President or Secretary of the
Board of Managers or their designates.
(j) No works or use requiring a permit shall be commenced prior to the issuance
of the permit.
(k) Unless specified in the permit, works for which a permit is given must be
complete within one year, unless the Board of Managers grants an extension. The
managers may further require, as a condition of all permits, that they be
notified when said improvement is completed.
(I) Application for a permit will be acted upon within 60 days from the date the
Board of
Managers receives the application and required data.
(m) If a permit application is refused or granted subject to conditions, the
applicant may within 30 days, demand a hearing on the application before the
Board of Managers.
(n) Obtaining a permit from the Board of Managers does not relieve the applicant
from the responsibility of obtaining any other additional authorization
required.
(o) Applications for a permit shall be filed with or mailed to the Watershed
District office or completed/submitted via the District’s website at
30lakes.org.
(p) A plan should accompany the application; the Board of Managers may request
additional information.
(q) The application form should be addressed to the Thirty Lakes Watershed
District, Box 376, Brainerd, Minnesota 56401 or submitted via the District’s
website at 30lakes.org.
4.3 FORM OF APPLICATION FOR PERMIT AND REQUIRED INFORMATION
RETURN ALL COPIES TO P.A. # ___________
Thirty Lakes Watershed District
P O Box 376
Brainerd, MN 56401
THIRTY LAKES WATERSHED DISTRICT
TO BE COMPLETED BY APPLICANT
Name __________________________________________________________________
Address ______________________________________Zip________Phone___________
Nature of Work __________________________________________________________
Location
________________________________________________________________
Lot Block Gov't. Lot
Sec. Twp. Rge. Lake or Stream
Real Estate Code (on tax statement): ______________________________
Procedure to be used to
control erosion and sedimentation_____________________________
Sketch of site and
work plan with all measurements or scale drawing may be attached.
While the Thirty Lakes Watershed District does not charge a permit application fee, Minnesota Statute 103D.345, Permits, provides for collection of actual permit costs incurred by the District for field inspection before and after a permit is issued.
Inspection costs include investigation of the area affected by the proposed activity, analysis of the proposed activity, and services of a consultant and any required subsequent monitoring of the proposed activity.
The District will absorb the initial $150.00 of inspection costs. Should the costs exceed that amount, the additional expenses will be billed to the applicant.
The applicant will be given an itemized statement; which will indicate costs incurred by the Watershed District, and will be due and payable within 30 days of billing date. Failure to pay these costs as prescribed may result in permit revocation.
Note: The $150.00 absorption amount does not apply to District required restoration activity or to after-the-fact permits. In those instances, all costs are billed to the applicant.
Thirty Lakes Watershed District Board of Managers ~ July 1, 1998
Applicant ____________________________________Date________________
TO BE COMPLETED BY DISTRICT
This permit application is
hereby denied approved
by the Board of Managers of the District this
Day of 20___ Reason for denial _____________________________________________________
Conditions of approvalThis permit is
permissive only and does not release Board of Managers the permittee from any
liability or obligation
imposed by Minnesota Statutes, Federal Law or Local Ordinances. Permits expire
one year from date of issuance. Keep permit available for inspection.
By Board of Manager
_____________________________________
SECTION 4.31 ADDITIONAL INFORMATION REQUIREMENT
Additional information may be required with an Application for a Permit where
land
development will affect any shoreland, such as, but not limited to the
following:
(1) A stormwater management plan;
(a) A description of the proposed land use;
(b) Property lines and building locations;
(c) A description of all adjacent lands;
(d) **A description of the surface and subsurface soils using the Soil Survey for Crow Wing County, Minnesota, Series 1957, No. 21, prepared by the United States Department of Agriculture, Soil Conservation Service or the most current revision of the Soil Survey;
(e) Delineation of areas contributing water to the site;
(f) Direction of water flow from proposed development;
(g) Delineation of shorelands and wetlands in the site;
(h) **Runoff rates for both the undeveloped and developed condition for the 100-year rain event. In the event that the runoff rates from the developed condition exceed the undeveloped runoff rates, on-site storage retention is required;
(i) **Storage volume determinations and retention site contours and cross-sections are required. Each outlet structure details with dimensions and elevations are required for the stormwater retention structure;
(j) Details of structure(s) that will provide floatable trash removal and oil recovery capabilities to treat runoff from a 100-year rain event;
(k) Bottom of settling ponds should be at least 3 ft. above ground water level;
(l) A sketch of site and work plan with all measurements or scale drawing.
(2) A grading and sediment-erosion
control plan;
(a) Existing and proposed land contours, two foot intervals;
(b) Measures that will be employed to prevent soil erosion and
contain sediment
on-site during the construction period;
(c) Measures that will be used to establish cover on the site once
construction has
been completed.
**Call 218-828-6197 Soil Conservation Service Office
SECTION 4.4 STATE AND FEDERAL PERMITS
Obtaining a Watershed District permit from the Watershed District does not
relieve the
applicant from the responsibility of obtaining any other additional permission
for
proposed work affecting the waters of the Watershed District required by any
other
governmental agency.
SECTION 4.41 A copy of each application for a permit, together with maps,
plans and
other information; shall be served to the District Office as required by the
Department of Natural Resources procedure as to this matter. The Board of
Managers will review and comment upon the application and provide the agency
with a copy of its comments.
SECTION 4.42 A permit application required by the Corps of Engineers, U. S.
Department of Defense, upon referral to the Board of Managers, shall be reviewed
and
comments provided by the Board of Managers. A copy of such comments shall be
forwarded to the agency.
SECTION 4.43 OBTAINING NECESSARY FEDERAL, STATE AND COUNTY APPLICATION FORMS
County Application Forms
Crow Wing County Planning & Zoning
200 South 4th
Street
Brainerd,MN 56401
218-824-1125
State Application Forms
Division Waters Department of Natural Resources
Box 648, 1601 Minnesota
Drive
Brainerd, Minnesota 56401
218-828-2605
MN Pollution Control Agency
1800 College Road S.
Baxter, MN 56425
218-828-2492
Federal Application Forms
District Engineer
U.S. Army Corps. Of Engineers
8896 E. Gull Lake Drive North
Brainerd, MN 56401
218-829-2711
SECTION 5.0 GENERAL POLICY STATEMENTS ON CERTAIN WATER
MANAGEMENT CONCERNS;
Some Criteria For Review of an Application
The Board of Managers will apply the general policy statements listed below
in assessing
the impact of proposals on the water resources of the Watershed District
requiring a
Watershed District permit. The criteria will be used by the Board of Managers to
determine conditions that may be placed on permits.
SECTION 5.1 LAND ALTERATION
SECTION 5.11 EROSION AND SEDIMENTATION
The Board of Managers is concerned with Pollution effects of lakes and
watercourses in
the Watershed District by erosion of land that results from its alteration. The
Board of
Managers wants to minimize the erosion of soil and deposition of sediment from
land
alteration. Runoff from sloping tilled land and runoff from the banks of
watercourses with poor vegetation cover carries with it sediment from these
lands into lakes, ponds, and watercourses within the Watershed District. It is
the policy of the Board of Managers to encourage the adoption of proper
practices to protect the land from eroding from wind and water, and to encourage
the use of other methods and means to reduce erosion.
SECTION 5.12 PROTECTION OF WATERCOURSES
a. All watercourses shall be protected and any proposed construction therein
shall be per-
formed in a manner to minimize soil erosion, giving due consideration to the
capacity
of the watercourse, its depth, width and elevation characteristics and the
character of
the soils through which the watercourse passes.
b. Sloping lands abutting watercourses, lakes, ponds, and reservoirs, shall
be protected
with vegetative cover and used in such a manner so as to provide control of
sediment.
c. Any construction project within the boundary of the Watershed District,
which requires
the movement of earth, or the removal of vegetation or topsoil, such as, but not
limited
to, subdivision improvement, road construction, bridge construction, pipeline
laying in
land and under watercourses, channel construction, public access, and similar
improvements and maintenance of any improvement shall provide for the prevention
of erosion by wind and water both during and after construction. The person or
government
responsible for the project shall be required to submit a plan to the Board of
Managers
which shall show or describe the approach to be utilized to avoid, reduce,
minimize, or
control erosion. A work schedule and timetable for erosion control shall
accompany
the time schedule for construction.
d. Individual developers, or governments having to carry out erosion control
practices
and measures, with permit, and all subsequent owners of the property involved
shall
effectively maintain all erosion control features.
e. Conditions placed on any permit granted pursuant to this rule shall
include, but not be
limited to, the following:
1. Fill material shall be non-polluting.
2. Material used in erosion prevention, such as riprap shall be non-polluting
under any foreseeable condition. It shall be installed consistent with good
engineering practices and in such a way to assure its effectiveness and
permanence;
3. Work in or near the water of the Watershed District shall be conducted so as
to
minimize and decrease suspended solids and turbidity of receiving waters.
4. Spoil materials shall be prevented from entering the water of the Watershed
District.
SECTION 5.13 PROTECTION OF LAKESHORE
A permit must be obtained from the Board of Managers prior to the start of any
grading, filling, or other land alteration which removes surface vegetation
from:
a. Any land:
1.
Adjacent to and within 1,000 feet of the ordinary high water mark or
highest documented level of a lake, pond, flowage, wetland or any other
watercourse or water body designated as public water, or
2. Tributary to and within 300 feet of the centerline of a watercourse with a
flood plain; or
3. Within a flood plain designated by ordinance;
a. More than 10 acres of land tributary to and within 500
feet from the inlet to a storm
sewer discharging to public water within the Watershed District.
b. More than 40 acres of land tributary to and within 1,000 feet of public water
or more
than 80 acres of land tributary to and within 2,000 feet of public waters;
c. Other lands which may reasonably be expected to introduce sediment into
public water
within the Watershed District, provided that no permit shall be required from
the
Watershed District for land that is regularly used for agricultural purposes
(crop, hay,
pasture), provided a buffer strip of 300 feet is maintained along shoreline and
that no
fertilizer be used in the buffer zone.
SECTION 5.2 HIGHWAYS, ROADS AND STREETS
SECTION 5.21 Copies of plans for state, county, city and town highway, street and road construction shall be submitted to the Board of Managers for its review, comment and recommendations as to the effect of the construction on the water of the Watershed District and the adequacy of the erosion and sediment control during and after construction.
SECTION 5.22 Plans and specifications for all proposed bridges and culverts for movement of water through highways, roads or streets or in ditches or in watercourses shall be submitted to the Board of Managers for its review, comment and recommendations as to the effect of the construction on the water of the Watershed District and for its approval as to its location, size and elevation.
SECTION 5.23 Inlets to watercourses and culvert and bridge approaches shall have adequate vegetation or other means of shoulder and bank protection in order to minimize soil erosion and pollution of water and to protect and reduce the future maintenance of the above devices.
SECTION 5.3 POLLUTION CONTROL AND WATER QUALITY ENHANCEMENT
The Watershed District shall act to enforce the State Comprehensive Program to
promote sanitation, to protect and enhance the quality of water, to reduce
pollution. The Watershed District shall require its residents to protect and
enhance the quality of water for general use in the Watershed District and to
promote and provide for the public health and general welfare.
SECTION 5.31 INDIVIDUAL RESPONSIBILITY
No person shall pollute the waters of the Watershed District by placing or
permitting to be placed or deposited upon any of said waters, or ice of said
waters, any sewage, industrial wastes, garbage, rubbish, or discharges from
watercraft, swimming pools, and fish houses, or other waste, nor shall such
placement or depositing be allowed upon any private or public land from which
contaminants may be carried into the waters of the Watershed District. This
section shall not apply to properly operating municipal sewage or solid waste
disposal facilities; which are subject to Minnesota Statutes Chapter 7080
Regulations and their current amendments and revisions of the Minnesota
Pollution Control Agency.
SECTION 5.32 INDIVIDUAL SEWAGE SYSTEMS
SECTION 5.321 Individual sewage systems such as drainfields, septic tanks, sewage lagoons, and similar disposal facilities shall be allowed only when municipal collection facilities are not available, and then only when the municipality or the county or other proper governing authority issues a permit. Such system may be subject to review by the Watershed District at its discretion.
a. No surface discharge shall be
permitted from an individual sewage system either directly or by seepage to the
surface of the ground.
b. The design of any individual's system shall be in conformance with the
current Rules of the Minnesota Pollution Control Agency, the Minnesota
Department of Health, these Rules, and all other regulations, laws, ordinances,
and policies of any other governmental subdivision or agency having proper
jurisdictional authority.
SECTION 5.33 AGRICULTURAL
WASTES a. No
livestock feed lot shall be operated within the Watershed District in violation
of Minnesota Pollution Control Agency regulations.
b. No agricultural wastes shall be accumulated in any area where they or
effluent
there from can be carried by surface runoff to any lake or watercourse.
c. The watering of livestock in public waters shall not be permitted.
SECTION 5.34 DISCHARGES FROM MUNICIPAL AND INDUSTRIAL WASTE
TREATMENT PLANTS AND RESIDENTIAL
SYSTEMS
The Board of Managers may, at
its discretion, require each municipality, industry, and feed lot operator
discharging human or agricultural wastes directly into any stream, lake or
watercourse within the Watershed District to file with the Board a copy of its
current NPDES permit issued by the Minnesota Pollution Control Agency describing
the effluent standards and limitation prescribed by the Agency, pursuant to
Minnesota Statutes 7080. The Board or its designate shall have the right to
enter upon any lands of the Watershed District for the purposes of inspection,
monitoring, and testing the quantity and quality of the discharge, and shall
have the right to install whatever hydrological recording and testing devices it
may deem necessary. Any permit violations found shall be reported immediately to
the discharger and to the Agency for appropriate action. Should the discharger
fail to abate the violation in a reasonable period of time, the Board of
Managers may, at its discretion, require the discharger to appear at a special
meeting to show cause why the violation should not be abated, pursuant to its
authority under
Minnesota Statutes 7080.
SECTION 5.35 MANDATORY REPORTING OF CONTAMINATION OF WATERSHED DISTRICT
WATERS
Mandatory reporting of contamination to the Board of Managers or other proper
local official (Mayor, health officer), shall be required of any person or
governmental subdivision or agency responsible for any act which introduces pollutive contaminants into the surface or underground waters of the Watershed
District. In the absence of absolute knowledge of responsibility for the act
itself, the person or governmental subdivision or agency responsible for the
operation or maintenance of systems and equipment involved in the act, or the
owner of the land on which the act occurs, shall immediately inform any
individual member of the Watershed District Board of
Managers of said act and all of the known particulars associated therewith. Acts
of contamination requiring mandatory reporting shall include, but not be limited
to, spills of untreated sewage, flooding of sewage systems or lift stations,
spillage of petrochemicals, flooding of fertilizer stockpiles or manure heaps
and feed lots, massive erosion of land, and other similar happenings. The
reporting of a spill of any contaminant or pollutant to the Watershed District
shall not relieve the responsibility to make any other report to any other
agency, which now or in the future requires mandatory reporting. The Watershed
District will assist the party reporting.
SECTION 5.36 THE USE OF THE WATERS OF THE WATERSHED DISTRICT
SECTION 5.361 A permit may be required from the Watershed District for the use of chemicals for the control of aquatic plants and insects in bodies of water in the Watershed District.
SECTION 5.362 To minimize turbidity, through the release of elements in bottom sediments and to protect the quality of water, all watercraft on water surfaces, powered by engines, shall be operated in such a manner that bottom sediments are not excessively disturbed and that watercraft wakes do not cause excessive erosion of shorelines.
SECTION 5.363 A permit may be required to discharge water to the ground or surface waters of the Watershed District. This includes storm water runoff, municipal and industrial wastewater discharge, lake augmentation, and ground water recharge. A general description of the situation shall be provided on the permit application. All discharges must conform to the requirements of applicable State and Federal agencies.
SECTION 5.364 A permit may be required for non-residential appropriation of ground and surface water within the Watershed District. The application for a permit shall include the impact on the receiving body of water, the projected maximum yearly withdrawal, and its use, such as, irrigation.
SECTION 5.4 WATER CONSERVATION
The Board of Managers encourages all residents to follow water conservation
practices.
SECTION 6.0
LOCAL GOVERNMENTAL RESPONSIBILITIES
As previously stated, the management of the land area of the Watershed District,
primary control and determination of land use remains with the county and local
municipalities. As development pressures increase, it becomes essential that the
land and water areas to be retained for public and private uses and beneficial
needs be identified in county and municipal land development guides, drainage
plans, flood plain and shoreland ordinances.
The determination of broad land use classification and its zoning is
recognized as the
responsibility of the local cities, towns and Crow Wing County. One of the
purposes of these rules is to ensure Watershed District input to enable the
county and municipalities to adopt land development guides, drainage plans,
flood plain and shoreland ordinances and plan the development of land so as to
minimize adverse environmental impacts to the waters of the Watershed District.
A copy of existing or proposed ordinances relating to land alteration, surface water drainage, flood plain and shorelands, shall be filed with the Board of Managers by the proper official of the municipalities or counties or other affected governmental agency.
SECTION 7.0 ENFORCEMENT POWERS OF BOARD OF MANAGERS
SECTION 7.1 MANNER OF ENFORCEMENT Any provisions of these rules or any order or stipulation agreement made, or any permit issued by the Board of Managers of the Watershed District may be enforced by criminal prosecution, by injunction pursuant to Section 103D.545 and 103D.551 of the Minnesota Statutes, by action to compel performance, restoration, abatement, and other appropriate action.
Any violation of these rules or of any order or stipulation agreement made, or a violation of any permit issued by the Board of Managers of the Watershed District is a misdemeanor in accordance with Section 103D.545 and 103D.551 of the Minnesota Statutes.
SECTION 7.2 NOTIFICATION REGARDING
VIOLATIONS The Watershed District, at its
discretion, may file notification of a violation or threatened violation of any
part of these Rules by any person, governmental subdivision, or governmental
agency with the Minnesota Pollution Control Agency, the Minnesota Department of
Natural Resources, or the Minnesota Department of Health; however, such
notification shall not preclude any right of the Watershed District to prevent
or continue to prevent any act not allowed or any action required to be
performed by these Rules, nor shall it prevent simultaneous actions to be taken
against any violator by the Watershed District, the Department of Natural
Resources, the Minnesota Pollution
Control Agency, the Minnesota Department of Health, the courts or any other
person or authority having jurisdictional power or interest to take such action.
SECTION 7.3 LIABILITY
Any individual, firm, corporation, partnership, association, contractors or
other entity owning property or performing services regulated by these Rules
shall be responsible for ascertaining that all permits herein required have been
obtained and that the work performed complies with all requirements of these
Rules. Violations shall be subject to all sanctions or penalties, criminal or
civil, imposed by these rules, municipal and county regulations, or state and
federal law.
SECTION 8.0 PUBLIC MEETINGS, HEARINGS AND RECORDS
SECTION 8.1 MEETINGS
All meetings of the Watershed District, whether regular or special, shall be
open to the public and shall be held at a time, date and place as determined
from time to time by the Board of Managers, as to the extent required by
Minnesota Statutes Section 13D.01 of Minnesota Statutes.
SECTION 8.2 HEARINGS
Any member of the public may request a public hearing on the approval of a
permit. Notice of a public hearing shall be given as required by statute.
Testimony given and received at such public hearings may be recorded and
witnesses may be sworn as required by statute or at the discretion of the Board.
SECTION 8.3 WAIVER OF HEARING
Unless required by statute, the Board of Managers in its discretion may waive a
public hearing on any application for a permit and make its order granting or
refusing such application. If said application is refused or granted subject to
conditions, the applicant may, within thirty (30) days demand a hearing on the
application. The applicant shall pay the cost of publishing notice of the
hearing to the Board of Managers.
SECTION 8.4 RECORDS
The records of the Watershed District shall be public records as required by
state statute and shall be open to the public for inspection to the extent
required. It is the stated intention of the Board of Managers to co-operate with
all persons, governmental subdivisions and governmental agencies in the
promotion of the conservation of the natural resources of the Watershed District
and to share information with the public for the common good.
SECTION 9.0 EFFECTIVE DATE
The approval of the provisions of these Rules or any amendment thereof, shall
occur upon the majority vote of the Board of Managers, and said Rules and any
amendments, thereof, shall be effective the day following publication thereof,
in one or more newspapers of general circulation in Crow Wing County as
designated by a majority vote of the Board of Managers.
SECTION 10.0 ADOPTION
These Rules and amendments thereof, shall be promulgated pursuant to 103D.341 of
Minnesota Statutes.
Approved
BY THE BOARD OF MANAGERS OF THE
THIRTY LAKES WATERSHED DISTRICT
President ___Thomas R. Ebnet__________September 8, 2003
Secretary ___Joseph
J. Hampl___________September 8, 2003
APPENDIX 1
PERMIT APPLICATION, PERMIT AND NOTIFICATION OF COMPLETION
RETURN ALL COPIES TO:
#____________________
Thirty Lakes Watershed District
P.O. Box 376
Brainerd, MN 56401
THIRTY LAKES WATERSHED DISTRICT
Permit Application, Permit, and Notification of Completion
TO BE COMPLETED BY APPLICANT
Name _______________________________________________________________________________________
Address ______________________________________Zip_____________ Phone __________________________
Nature of Work _______________________________________________________________________________
Project Name:__________________________________________________________________________________
Property address: _______________________________________________________________________________
Location ______________________________________________________________________________________
Lot Block Gov’t Lot
______________________________________________________________________________________
Sec. Twp. Rge. Lake or Stream
Real Estate Code (on tax statement):__________________________________________________________________
Optional: I hereby authorize _______________________________________________ to act as my Authorized Agent for the purpose of obtaining an approved Stormwater Permit.
Procedure to be used to control erosion and sedimentation :
Site and work plan with all measurements will be drawn to scale and attached.
__________________________________________________
Applicant
TO BE COMPLETED BY THE DISTRICT
This permit application is hereby denied ____ approved ____ by the Board of Managers of the Thirty Lakes Watershed District this _______ day of ____________, 20____.
Reason for denial:
Conditions of approval: See attached conditions of approval
______________________________________________
Board of Managers
APPENDIX 2
MAP OF THIRTY LAKES WATERSHED DISTRICT
