The Painter Creek subwatershed is located along the northwestern boundary of the MCWD and within the cities of Medina, Orono, Maple Plain, Independence, and Minnetrista (see Figure 1).  The Painter Creek watershed is 8,667 acres in size (13.5 square miles).

The Department of Natural Resources’ Public Waters Inventory identifies numerous basins within the Painter Creek subwatershed as under the jurisdiction of the DNR (see Figure 10).  These include Katrina Lake and the following major unnamed basins:

Table 2.  Public Waters in the Painter Creek subwatershed.

Source: Minnesota Department of Natural Resources (DNR).  See Figure 10.

The HHPLS included detailed modeling of the current and 2020 hydraulic and hydrologic conditions in the subwatershed.  That modeling includes the following results for modeled locations (lakes, ponds, channels, and crossings) within the subwatershed:

• Existing Normal Water Level;
• Existing High Water Level, peak discharge, and peak velocity for the 1.5 year, 24-hour and 100-year, 24-hour events;
• 2020 predicted HWL, peak discharge, and peak velocity for the 100-year, 24-hour event; and the
• Existing High Water Level for the 100-year, 10-day snowmelt event.

Those detailed results are not reproduced here, but are incorporated by reference.  The HHPLS model predicted that development in the lower subwatershed, particularly in subwatershed units PC-25 and 26 (see Figure 2)  that are now lightly developed, agricultural, or wooded, would increase drainage from the subwatershed unit to the creek by more than 10 cfs for the critical event, as well as flow in the creek downstream of Painter Creek Drive.   The HHPLS scour analysis identified that reach as having low erosion potential based on soils, although the Upper Watershed Stream Assessment noted several areas of bank erosion between Painter Creek Drive and CR 110 both upstream and downstream of the channel conveying drainage from PC-25.  The Stream Assessment recommended a geomorphologic analysis of the reach be completed to determine the cause of this erosion.

Table 3.  Modeled peak discharge from Painter Creek subwatershed (cfs).

Source:  2003 MCWD Hydrologic, Hydraulic, and Pollutant Loading Study (HHPLS)

1. Painter Creek has total phosphorus and TSS concentrations that exceed the MPCA’s ecoregion guidelines. Phosphorus loads in Painter Creek increase upstream to downstream, and dissolved oxygen can fall below the state standard during low flows.  Based on District monitoring data, it is estimated that Painter Creek contributes between one-third and one-half the total annual phosphorus load delivered to Jennings Bay, although its subwatershed comprises only 21 percent of the contributing area.  Improving Jennings Bay is dependant on reducing phosphorus load from Painter Creek. 
2. The Painter Creek Feasibility Study identified a number of potential BMPs including wetland restorations and small-event creek diversions intended to spread flow out into wetlands and floodplains to allow natural vegetative and soil processes to reduce phosphorus loads. 
3. The HHPLS did not identify specific phosphorus load reductions for the Painter Creek subwatershed, but identified BMPs that could be considered such as enlarging or dredging existing treatment ponds. 
4. Rough fish in Katrina Lake and the creek and wetlands likely contribute to internal loading from sediments.
5. Development, redevelopment, and reconstruction in the subwatershed will increase nutrient and TSS loads from the watershed as well as increasing the volume of stormwater runoff.

1. Drainage is conveyed through the subwatershed through culverts and small channels to wetlands, most of which are ditched or drain to Painter Creek.  The Upper Watershed Stream Assessment identified 11 locations on the Creek with erosion or bank failure, most of them concentrated in about 1400 linear feet of that study’s Reach 1.   The HHPLS included a study of scour potential in the creek, and concluded that some reaches were at moderate to high risk for erosion. 
2. The HHPLS identified three locations that are predicted to overtop during the 100 year event: two driveways and a location on Ingerson Road.   More detail is available in the HHPLS.  Local plans should identify these observed or potential locations and assess whether the risk of occasional flooding is acceptable or should be addressed.
3. The HHPLS identified two locations requiring special attention: the outlet of Katrina Lake and the outlet of the Highway 26 marsh.  Excessive cattail growth can limit the operation of the lake outlet.  At the outlet of the Highway 26 marsh, a channel has formed around the outlet bypassing the control structure.
4. Development, redevelopment, and reconstruction in the subwatershed may increase the volume of stormwater runoff, increasing nutrient and TSS loads conveyed downstream.
5. The HHPLS identified several locations where for both existing and future conditions higher velocities than desired may result in erosion at outlets or culverts.   These include three crossings of CR 6, and a crossing of Ingerson Road west of Painter Marsh.  Erosion control or energy dissipation measures may be required in those locations.

1. As described in Section 2.5.4, the subwatershed includes numerous wetlands with high to exceptional vegetative diversity, fish and wildlife habitat and aesthetic values that need to be protected.
2. Degraded wetlands with high to moderate restoration potential are present in the subwatershed and should be considered for protection and restoration to increase the quantity and quality of wetlands present and begin to mitigate past wetland losses from fill and degradation.

1. Most of the subwatershed is characterized by large open areas of forest, grasslands, and wetlands punctuated by agriculture and low density development.  Intensive uses are concentrated along the US Highway 12 corridor in the City of Maple Plain.  The Baker Park Reserve includes large areas of minimally disturbed wetland and woodland, including tamarack forest.
2. No fish or aquatic vegetation surveys have been completed on Katrina Lake, and there is no public access.
3. Macroinvertebrate communities in Painter Creek are limited by its low gradient, frequent wetland reaches, water quality, and lack of habitat.
4. The Painter Creek Feasibility Study identified a corridor of wetlands, uplands, floodplain, and steep slopes that could be considered for conservation to improve Painter Creek water quality and ecological integrity.

1. Most of the major wetlands in the subwatershed were identified in the FAW as combination recharge-discharge wetlands.  Several discharge wetlands are located in the upper subwatershed in the Baker Park Reserve.  As development occurs it will be critical to maintain runoff and infiltration rates to help maintain hydrology to these wetlands.
2. As described in Section 2.5.6 and Figure 17, there are a number of areas in the subwatershed that are very highly or highly sensitive aquifer impacts, especially the wetlands in the Painter Creek corridor.
3. Wellhead Protection Areas and associated Drinking Water Sensitivity Management Areas have been identified for the cities of Long Lake and Plymouth wells within this subwatershed.  Stormwater management within those areas should be coordinated with wellhead protection plans.
4. Groundwater hydrology is an important component in the base flow for area streams.  Protecting existing groundwater flow regimes must remain a priority.

Water Quantity and Quality

Land use change impacts downstream water quality by increasing the volume of runoff and the concentration and load of nutrients and sediment transported to receiving waters.  Land use change such as the expected conversion of vacant land to other uses can be expected to impact water quality in Jennings Bay.  Table 9 illustrates how land use change such as the expected conversion of vacant land to other uses could be expected to ultimately impact water quality in Jennings Bay.  The table also illustrates the impact of a regulatory program managing these impacts.

‘Ultimate Development’ is defined as the conversion of all agricultural lands and one-half of the upland forested area that remains undeveloped in the 2020 local government land use plans.    This conversion may take place by 2030 or require significantly more time; but it is assumed that at some point in the future these conversions will occur.  More detail regarding this modeling can be found in Technical Appendix A.

Table 9 contrasts three nutrient loading reduction scenarios.  Scenarios 1 and 2 contrast the required load reductions if there were no regulatory program to the requirements under the existing regulatory program.   The Painter Creek Feasibility Study and the HHPLS assumed that there would be no load increase from future development; the third scenario in Table 9 indicates that even with a stringent regulatory program that strictly prohibits any new phosphorus loading, additional reductions would be necessary to achieve the interim phosphorus concentration goals

Table 9.  Lake modeled 2020 and ultimate development water quality and the total phosphorus loading reduction necessary to achieve in-lake total phosphorus concentration goals.

Note:  Phosphorus loads are based on data in the Painter Creek Feasibilty Study rather than the HHPLS.

Other Impacts

The Painter Creek subwatershed ecosystem faces varying threats from degradation as a result of development pressure, urbanization, and subsequent channelization of stream conveyances that go beyond impacts to water quality and hydrology.   Development can directly or indirectly degrade and fragment habitat, and reduce or eliminate the opportunities for natural stormwater management provided by minimally disturbed grasslands, forests, woodlands, and wetlands.

The establishment of the connectivity between ecosystems will become increasingly difficult as development encroaches on the corridor.  Currently about one-third of the subwatershed is agricultural or urbanized.  It is expected that about two-thirds of the existing agricultural and one-half of the forested lands will be converted to low-density residential development by 2020.  These conversions to large-lot development would likely create a patchwork of remnant woodland, grassland, and wetland.  Many species require significant contiguous areas of habitat in which to hunt or brood.  The fragmentation that would result from development would limit the ecological integrity of the entire area.

Goal 1 - Abstraction/Filtration

Promote abstraction and filtration of surface water where feasible for the purposes of improving water quality and increasing groundwater recharge throughout the watershed.

Discussion

Development and the associated creation of new impervious surface increases the volume of stormwater runoff.  The new runoff volume can convey more pollutants to receiving waters and may increase erosion and sediment transport, negatively affecting water quality.  Development also decreases the amount of stormwater that naturally percolates into the soil to recharge groundwater, thus reducing baseflow in streams, changing hydrology in groundwater-fed wetlands, and decreasing water availability in drinking water aquifers.

Abstraction of stormwater (retained on site through infiltration, evapotranspiration, or capture and reuse) reduces the amount of runoff from the site conveying pollutants. The most common type of abstraction, infiltration, reduces runoff, which helps recharge groundwater. Filtration offers an opportunity to use soil to naturally cleanse stormwater prior to discharge.  Increased abstraction in the Painter Creek subwatershed is desirable: 1) to reduce the amount of pollutant loading into Painter Creek and thus Jennings Bay, to reduce the volume of water from new development into erosion-prone steams and 2) to protect the hydrology of the large discharge (groundwater-fed) wetlands in the subwatershed.  Many of those wetlands are key resources with high ecological values that are dependant on groundwater to maintain those functions and values.

A key strategy to achieve this goal is the adoption of a volume management standard for new development and redevelopment that requires the abstraction of one inch of rainfall.  Much of the subwatershed has at least moderate infiltration potential.  Requiring new development and redevelopment to abstract some of the new stormwater generated and encouraging retrofitting to increase infiltration on existing sites would:

• Minimize additional pollutant loading that would have been conveyed by that stormwater. The phosphorus load reduction plan for Jennings Bay assumes that permitted new development and redevelopment will achieve a much higher rate of phosphorus load removal than can be achieved through traditional stormwater management such as detention ponds.  Abstraction and infiltration are important tools in achieving the load reductions necessary to achieve water quality goals in those lakes, and to prevent further degradation of the other lakes, streams, and wetlands;
• Reduce runoff volumes and help reduce future downstream erosion in streams and channels or flooding in landlocked basins; and
• Help maintain groundwater levels, preserving wetland hydrology and stream baseflows. 

Desired Outcomes:  Increased infiltration, reduction in pollutant loading and volumes of runoff to supplement other goals.

Metrics:  Acre-feet of infiltration to meet nutrient loading reductions for water quality and volume reductions for water quantity goals.

Goal 1.1 - Painter Creek

Increase abstraction and infiltration to reduce runoff volumes carrying pollutant loads and to promote groundwater recharge.

Actions

1. In consultation with LGUs through an appropriate rulemaking process, amend existing or establish new District rules requiring abstraction of the first one inch of rainfall on new permitted development and redevelopment. 
2. Conduct a survey of the Painter Creek subwatershed to identify areas of minimally disturbed vegetation suitable for regional infiltration areas.
3. Develop infiltration strategies appropriate to wellhead protection areas and areas of groundwater sensitivity.
4. Conduct a survey of the subwatershed to identify areas of minimally disturbed vegetation suitable for regional infiltration areas.
5. Construct regional infiltration basins on a cooperative basis with LGUs where additional infiltration is desired.
6. Promote reforestation and revegetation with native plants to increase infiltration.
7. Provide technical assistance to LGUs and developers to foster low impact development and redevelopment that minimizes new impervious surface and provides for increased infiltration.
   1. Develop and distribute model ordinances and design standards that incorporate low impact design principles.
   2. Sponsor educational opportunities for LGU staff, developers, elected and appointed officials and other interested parties to provide practical information and opportunities for sharing experiences.
   3. Provide education and training opportunities, technical and planning assistance for property owners and LGUs on methods to reduce runoff from and increase infiltration on their property by incorporating BMPs into landscaping, infrastructure maintenance, and reconstruction.
   4. Develop a small grant program to provide financial assistance to property owners desiring to retrofit their property with BMPs to increase infiltration.

Goal 2 - Ecological Integrity

Promote activities that maintain, support and enhance floral, faunal quantity and ecological integrity of upland and aquatic resources throughout the watershed.

Discussion

The Painter Creek subwatershed is notable for its ecological resources and large tracts of minimally developed area, including wetlands, forests, and grasslands and the Baker Park Reserve.  Many of those areas within the subwatershed are located in an MCWD, local or regional conservation corridor.  There is potential to create ecological corridors through the watershed centered on the streams and wetland complexes through which they flow.  These connect with Baker Park Reserve as well as other resources in adjacent subwatersheds.  The Painter Creek Feasibility Study identified a Painter Creek corridor in which the District and its partners should consider focusing efforts for active conservation.

Connected corridors are desirable as they provide a variety of habitats both aquatic and terrestrial as well as protected areas for passage.  Within these conservation areas wherever possible the District would promote the conservation or establishment of native vegetation to increase or maintain infiltration rates; decrease or maintain runoff rates and pollutant conveyance to water resources; and minimize erosion of shorelines and streambanks.   Sustaining or improving water quality and ecological integrity is necessary to meet the District goals in this plan as well as to meet state and federal nondegradation, water quality and biological integrity requirements and to prevent the need for future TMDLs.

The Painter Creek subwatershed includes numerous wetlands with exceptional or high fish or wildlife habitat value as well as wetlands with exceptional or high vegetative diversity.  The Key Conservation Areas identified in this plan (see Figure 19) include those wetlands as well as associated upland areas of high ecological value such as maple-basswood forest.  Conservation of those associated upland areas not only provides additional habitat type, but also helps preserve local runoff and infiltration rates.  The plan also identifies areas within the Baker Regional Park Reserve as high-value resources, and coordination between the Three Rivers Park District, DNR, the MCWD, and other interested parties will be important to protecting and improving those resources.   

Katrina Lake, Painter Creek and associated riparian wetlands are primary ecological resources.  The ecological community in Painter Creek is limited by its hydrology and morphology as well as the existing water quality.  The primary strategies for improving aquatic communities are the acquisition of new data such as vegetation surveys and management plans, and improvement of water quality.  The several wetlands in the subwatershed with exceptional or high vegetative diversity would be inspected at least annually for invasive vegetative species.

Desired Outcomes:  Functional and healthy ecological corridors and waters throughout the subwatershed.

Metrics:

• Macroinvertebrate Index of Biotic Integrity (M-IBI) in Painter Creek
• Stream Visual Assessment Protocol (SVAP) in Painter Creek
• Acres of land conserved in Key Conservation Areas
• Acres of restored/created wetland within Key Conservation Areas
• Linear feet and width of riparian areas protected in Key Conservation Areas

Goal 2.1 - Painter Creek

Maintain and improve overall ecological integrity within the subwatershed.

Actions

1. Continue Land Conservation Program efforts to proactively seek out conservation opportunities identified in this plan as District priority areas.
2. Protect existing fish and wildlife habitat and promote the improvement of habitat and corridors by the conservation of key ecological areas (see Figure 19).
   1. Require LGUs to recognize Key Conservation Areas in their natural resources and land use planning and to identify in their Local Water Management plans how they intend to conserve their ecological values.
   2. Provide education and training opportunities, technical and planning assistance, and financial incentives to LGUs to actively conserve key ecological areas.
   3.  Restore areas of degradation within key conservation areas.
3. Work cooperatively with other agencies and organizations to improve existing conservation corridors and where practical, develop new conservation corridors connecting wetlands within the Painter Creek subwatershed of exceptional or high wetland functions and values and subwatershed stream corridors with areas that have been identified by others as having high local, county or regional ecological significance.
4. Identify keystone, umbrella, and indicator species to serve as indicators of ecological integrity, evaluate existing habitat within the subwatershed, and develop strategies for the conservation of that habitat.
5. Provide regulatory incentives for the conservation of undisturbed native vegetation as sites develop.
6. Require MCWD review of preliminary plats and vegetation surveys so the District may comment on proposals and how they relate to District ecological integrity goals.
7. Require submittal of a Natural Resources Inventory and Conservation Plan as a condition of permit approval.

Goal 2.2 - Painter Creek

Manage rough fish populations to reduce water quality impacts.

Actions

1. Evaluate options for rough fish management and control in Katrina Lake.
2. Install a flexible fish barrier at the mouth of Painter Creek to prevent rough fish migration to the creek and its wetlands.
3. Evaluate options for rough fish management and control in Painter Creek and its wetlands.
4. Reinstall velocity fish barrier at Painter Road to prevent rough fish migration and spawning.

Goal 2.3 - Painter Creek

Maintain a healthy aquatic vegetation community.

Actions

1. Develop and implement a plan to monitor wetlands with exceptional or high vegetative diversity for presence of exotic vegetative species.

Goal 2.4 - Painter Creek

Maintain conditions suitable for a healthy and varied biologic community in Painter Creek.

Actions

1. Reduce phosphorus and sediment in Painter Creek and minimize periods of low dissolved oxygen.
   1. Implement the water quality improvement actions of this plan to reduce load discharged into the creek from Katrina Lake and from the watershed.
   2. Work cooperatively with the LGUs to spot repair eroded streambanks identified in the Stream Assessment and through other inspections.
   3. Implement the water quantity improvement actions of this plan to limit periods of erosive velocities in the creek.
2. Increase macroinvertebrate and fish habitat in Painter Creek to achieve M-IBI scores above the MPCA threshold for impairment and to achieve a Stream Visual Assessment Protocol mean score above 5.0.
   1. Increase the variety of habitat features such as improved substrate, cobble and boulders, vegetated streambanks, root wads, and large woody debris.
   2. Periodically update the Painter Creek stream assessment to assess current stream condition and ecological integrity.
3. Monitor the macroinvertebrate community every 2-3 years.
4. Improve degraded stream reaches for the purposes of bank stabilization, reducing sediment loads, preserving existing stream courses, improving habitat, and enhancing biotic integrity.
5. Woody debris that falls in Painter Creek or other streams shall only be removed if it causes an obstruction to flow such that streambanks are destabilized or eroded or the creek is caused to overtop its banks.  Such debris shall be removed by the District or by cooperative arrangement with the LGU at the owner’s expense.

Goal 3 - Water Quality

Preserve, maintain and improve aesthetic, physical, chemical and biological composition of surface waters and groundwater within the District.

Discussion

The HHPLS used an extensive public input process to establish water quality goals for the primary receiving waters in the District, focusing primarily on identifying target total phosphorus concentrations.   This plan identifies those plus additional goals related to water quality.  This plan sets forth a set of actions the District will undertake to reduce pollutant loading in the subwatershed and achieve water quality goals.  The achievement of these water quality goals is not only necessary to meet state and federal water quality requirements and to prevent future TMDLs, but also to meet this plan’s ecological integrity goals.

Desired Outcomes:  Achievement of in-lake nutrient concentration goals through achievement of nutrient loading reductions.

Metrics:

• In-lake nutrient concentrations/Trophic State Index Scores (TSI) for Jennings Bay
• Nutrient loading goals (lbs) for Jennings Bay

Goal 3.1 - Painter Creek

Achieve in-lake total phosphorus concentration goal of 50 μg/L in Jennings Bay.

Actions

1. Conduct a diagnostic study of internal phosphorus loading in Jennings Bay, including aquatic vegetation and fish surveys.
2. Construct the Highway 26 wetland improvements identified in the Painter Creek Feasibility Study and this plan and evaluate effectiveness and applicability to other wetlands in the subwatershed, including South Katrina Marsh, the “Potato Farm,” and Painter Marsh (see Figure 20).
3. Construct detention and treatment ponds at the inflow to Painter Marsh and in subwatershed units PC-7, PC-13 and PC-25 (see Figure 20).
4. Conduct a diagnostic study of internal lake phosphorus loading, wetland nutrient cycling and phosphorus export, prepare a feasibility study, and construct improvements to reduce phosphorus export by at least 50 percent.
5. Consider amending existing or establish new District rules requiring greater than 50 percent phosphorus removal on new permitted developments within the Painter Creek subwatershed.
6. Provide assistance to LGUs and developers to foster low impact development and redevelopment that minimizes new phosphorus and sediment loading.
   1. Develop and distribute model ordinances and design standards that incorporate low impact design principles.
   2. Sponsor educational opportunities for LGU staff, developers, elected and appointed officials and other interested parties to provide practical information and opportunities for sharing experiences.
7. Continue regular water quality monitoring in Jennings Bay to assess progress toward achieving the in-lake phosphorus goal. 
8. Promote the general application of BMPs across the subwatershed.
   1. Consider developing a small grant program to provide financial assistance to property owners desiring to retrofit their property with BMPs to reduce phosphorus and sediment loading.

Goal 3.2 - Painter Creek

Achieve and maintain other state lake water quality standards, including >1.4 m Secchi clarity and 14 ug/L chl-a, in Jennings Bay.

Actions

1. Achieve and maintain in-lake total phosphorus goals.
2. Manage aquatic vegetation in accordance with a vegetation management plan that takes into account water clarity goals.

Goal 3.3 - Painter Creek

Achieve and maintain state water quality standards in Painter Creek and minimize pollutant loading contribution to Jennings Bay.

Actions

1. Inspect known erosion-prone areas of Painter Creek at least annually to identify any new areas of erosion, and the entire creek every five years.
2. Work cooperatively with LGUs to spot repair identified erosion locations in Painter Creek and develop strategies to prevent future erosion and sediment transport.
3. Continue to investigate possible causes of periodic low dissolved oxygen in Painter Creek and develop strategies to increase dissolved oxygen.
4. Continue to monitor water quality in Painter Creek.
5. Develop a water quality index which encompasses the District’s broader definition of water quality. 

Goal 4 - Public Health

Minimize the risks of threats to public health through the development of programs, plans and policies that improve the quality of surface and groundwater resources.

Discussion

There are several potential threats to public health in the Painter Creek subwatershed.  Most of the subwatershed is outside the Municipal Urban Services Area (MUSA), and property owners use individual sewage treatment systems for their sanitary service.  Agricultural and animal husbandry land uses generate and use animal waste that if improperly managed could be a source of pathogens.  Where sewer service is available, sewage overflows from sanitary sewer breaks or improperly functioning infrastructure could result in overflows discharged to downstream water resources.   An additional potential source of pathogens is waterfowl, which are attracted to open water with easy routes from the water to vegetation on shore.  The District’s role in minimizing the threats to public health in the Painter Creek subwatershed is mainly to provide targeted information to landowners and LGUs.

Desired Outcomes:  Minimization of threats to public health from contact with contaminated surface waters.

Metrics:  Reported cases of illness transmission via surface water contact.

Goal 4.1 - Painter Creek

Minimize risks to human health and water quality from land use activities.

Actions

1. Develop and implement a plan to systematically identify animal waste  management and individual sewage treatment system locations in the subwatershed and assess the risks to human health and water quality
2. Work cooperatively with the state, University of Minnesota Extension Service, Hennepin County and LGUs to provide animal waste management information and technical assistance to landowners engaged in plant and animal agriculture or husbandry.
3. Work cooperatively with the state, Hennepin County and LGUs to provide BMP information and technical assistance to individual sewage treatment system owners

Goal 4.2 - Painter Creek

Maintain a vegetated shoreline on streams and wetlands where practical and effective to reduce overpopulation of the lake with waterfowl.

Actions

1. Promote native vegetation over structural streambank stabilization where appropriate in District policies, regulations, and programs.
2. Work cooperatively with LGUs and property owners to restore native streambank vegetation where appropriate.
   1. Provide education and training opportunities, technical and planning assistance, and demonstration project funding to LGUs to assist them in restoring streambanks and buffers on public property such as parks and open spaces, taking into consideration the balance between recreational use and ecosystem needs.
   2. Develop and distribute written material to shoreline property owners explaining the benefits of streambank restoration and buffer creation to waterfowl control and providing design, plant selection, installation, and maintenance advice.

Goal 4.3 - Painter Creek

Require LGUs and other agencies to manage public sanitary sewer infrastructure to minimize sewage overflows and to minimize impacts from those overflows on District water resources.

Actions

1. Investigate MCES Maple Plain interceptor lift station overflows and bypasses and assess impacts on downstream water quality.

Goal 5 - Water Quantity

Maintain or reduce existing flows from drainage within the watershed to decrease the negative effects of stormwater runoff and bounce from existing and proposed development as well as provide low flow augmentation to surface waters.

Discussion

Development and the associated creation of new impervious surface increases the volume of stormwater runoff from the landscape, changes the rates and times to peak runoff flow, and decreases the amount of stormwater that naturally percolates into the soil to recharge groundwater.  The District’s long term goal in the Painter Creek subwatershed is to achieve no increase in the volume of stormwater discharged from the subwatershed into Jennings Bay.  Implementation strategies will include minimizing new runoff volumes from development and encouraging infiltration and groundwater recharge to maintain baseflow in the creek and adequate hydrology to groundwater-fed wetlands.

A key strategy to achieve this goal is the adoption of a volume management standard for new development and redevelopment that requires the abstraction (removal from runoff through infiltration, capture and reuse, evapotranspiration, etc.) of one inch of rainfall.   Approximately 70 percent of annual runoff volume in Minnesota results from precipitation events of 1” or less (MPCA, 2000).  Requiring new development and redevelopment to abstract (retain on site through infiltration, evapotranspiration, or capture and reuse) runoff from small rain events would significantly reduce new volumes of runoff flowing downstream and help reduce future erosion in streams and channels; minimize new pollutant loading that would have been conveyed by that stormwater; and help maintain groundwater levels, preserving wetlands. 

The additional new volume could be mitigated through construction of regional infiltration basins, restoring drained wetlands, reforestation and revegetation, or other means.

Table 10.  Modeled annual volume of runoff in the Painter Creek subwatershed, and estimated reductions resulting from application of a proposed 1” abstraction rule for new development and redevelopment (acre-feet).

Desired Outcomes:  Management of water volumes discharged from the subwatershed.

Metrics:  Acre-feet volume abstraction.

Goal 5.1 - Painter Creek

Reduce volume of stormwater runoff from new development and redevelopment and maintain or reduce existing water volumes discharged from the subwatershed into Jennings Bay.

Actions

1. Amend existing or establish new District rules requiring abstraction of the first one inch of rainfall on new permitted development and redevelopment.
2. Track volumes abstracted and new volumes created resulting from permitted development.
3. Provide assistance to LGUs and developers to foster low impact development and redevelopment that minimizes new stormwater volumes.
   1. Develop and distribute model ordinances and design standards that incorporate low impact design principles.
   2. Sponsor educational opportunities for LGU staff, developers, elected and appointed officials and other interested parties to provide practical information and opportunities for sharing experiences.
4. Encourage the development and maintenance of depressional storage within the subwatershed.

Goal 5.2 - Painter Creek

Manage water volumes to Painter Creek to prevent further erosion.

Actions

1. Inspect erosion-prone areas of Painter Creek at least annually to identify any new areas of erosion, and the entire Creek every five years.
2. Work cooperatively with LGUs and adjacent property owners to reduce volumes as necessary.
3. Continue to monitor flows in Painter Creek.

Goal 5.3 - Painter Creek

Require public stormwater conveyance and control structures in the watershed be sized and maintained properly to convey current and ultimate stormwater flows to minimize flooding and erosion potential.

Actions

1. Require LGUs to provide to the District a copy of their annual NPDES report.

Goal 6 - Shorelines and Streambanks

Preserve the natural appearance of shoreline areas and minimize degradation of surface water quality which can result from dredging operations.

Discussion

Eroding shorelines and streambanks contribute to the degradation of water quality.  Native vegetation can effectively stabilize these areas, filter runoff for sediment and other pollutants, and provide habitat.  Restoration of streambanks on Painter Creek and other streams in the subwatershed and wetlands within the subwatershed is a key strategy for meeting this plan’s goals.  The Upper Watershed Stream Assessment and the Painter Creek Feasibility Study identified locations where restoration and the creation of buffer zones may be desirable and feasible.

The key areas identified in this plan for conservation activities include the conservation of buffer zones adjacent to streams and channels.  In some cases these buffer zones are riparian or flow-through wetlands, and those wetlands have been identified as key conservation areas.  Where streams and channels flow through upland areas, conservation of native vegetation within these zones would provide habitat for both aquatic and terrestrial wildlife; help increase or maintain infiltration rates; decrease or maintain runoff rates and pollutant conveyance to water resources; and help minimize erosion.   Restoration of lakeshore would have the same benefits.  Sustaining or improving water quality and ecological integrity is necessary to meet District goals as well as to meet state and federal nondegradation, water quality and biological integrity requirements and to prevent the need for future TMDLs. 

Desired Outcomes:  Stable streambanks and shorelines to supplement other goals.

Metrics:

• Stream Visual Assessment Protocol (SVAP) in Painter Creek
• Linear feet of stabilized eroded streambank
• Linear feet of streambank protected in Key Conservation areas
• Linear feet and width of riparian areas protected in Key Conservation Areas

Goal 6.1 - Painter Creek

Promote streambank restoration and buffer creation as methods to help meet pollutant loading reduction and ecological integrity goals.

Actions

1. Restore degraded streambanks on Painter Creek to achieve a Stream Visual Assessment Protocol mean score above 5.0 and on other streams to stabilize streambanks; reduce pollutant loading, erosion and sediment transport; and increase habitat.   Figure 20 illustrates areas of high priority for improvement because of bank failure as identified in the Upper Watershed Stream Assessment.
   1. Periodically update the Painter Creek stream assessment to assess current stream condition and ecological integrity.
2. Stabilize the eroding stream in PC-13 as identified in the Feasibility Study.
3. Work cooperatively with LGUs and adjacent property owners to prevent erosion and sediment transport and stabilize Painter Creek streambanks as necessary.
4. Promote native vegetation over structural stabilization in District policies, regulations, and programs.
   1. Provide education and training opportunities, technical and planning assistance, and demonstration project funding to LGUs to assist them in restoring streambanks and buffers on public property such as parks and open spaces.
   2. Develop and distribute written material to riparian property owners explaining the benefits of streambank restoration and buffer creation to the reduction of pollutant loads and creation of shoreline habitat and providing design, plant selection, installation, and maintenance advice.
   3. Develop a small grant program to provide financial assistance to property owners desiring to restore their shoreline or plant a buffer.

Goal 7 - Navigation

Maintain the hydraulic capacity of and minimize obstruction to navigation without compromising wildlife habitat in watercourses and preserve water quality and navigation appearance in shoreland areas.

Discussion

The District recognizes the riparian rights of property owners to have and maintain access to public waters.  The District will not participate in the removal of nuisance aquatic vegetation solely for the purpose of improving navigation, but may consider macrophyte control where excessive growth contributes to poor water quality.

Desired Outcomes:  Minimization of impacts on water resources from dredging.

Metrics:  Compliance with the dredging policy.

Goal 17.1 - Painter Creek

Manage dredging activities so as to preserve the natural appearance of shoreline areas; recreational, wildlife and fisheries resources of surface waters; surface water quality and ecological integrity of the riparian environment.

Actions

1. Regulate dredging activities in a manner consistent with local policy and Minnesota Rules Chapter 6115.0200

Goal 8 - Best Management Practices

Improve water quality by promoting best management practices (BMPs), requiring their adoption in local plans and their implementation on development sites.

Discussion

This plan and District regulations stipulate the use of Best Management Practices (BMPs) to reduce stormwater volumes and pollutant loadings, but do not prescribe which practices should be used.  This allows the LGU and developers the flexibility to implement those that are most appropriate for local conditions and opportunities.  A key strategy for plan implementation is providing early consultation with and technical assistance to and education of stakeholders including city staff, residents, and developers to increase knowledge and acceptance of various BMPs and to promote their adoption.

Desired Outcomes:  Implementation of Best Management Practices on private and public property to supplement other goals.

Metrics:  Compliance with the early consultation requirement.

Goal 8.1 - Painter Creek

Promote best management practices as methods to help meet pollutant loading and volume reduction goals established in this subwatershed plan.

Actions

1. Require LGUs to identify in their local water management plans how they plan to meet specific phosphorus loading minimum reduction goals and minimize stormwater volumes from developed and agricultural uses through the implementation of BMPs in the subwatershed. 
   1. Provide education and training opportunities, technical and planning assistance for LGUs on methods to reduce phosphorus and sediment loading by incorporating BMPs into landscaping, infrastructure maintenance, and reconstruction.
2. To promote BMPs and encourage early consultation by developers, amend District rules to incorporate a requirement for stormwater management plan approval prior to submittal of a preliminary plat.
3. Develop and distribute model ordinances and design standards that illustrate the proper application of various BMPs.

Goal 9 - Education and Communications

Enhance public participation and knowledge regarding District activities and provide informational and educational material to municipalities, community groups, businesses, schools, developers, contractors and individuals.

Discussion

The District conducts an active and strategic education and communication program watershed-wide to provide general information and to various stakeholder groups in accordance with its five-year strategic education and outreach plan.  Targeted information will be necessary in the Painter Creek subwatershed to educate these stakeholders as to the District’s specific goals for this subwatershed, the actions the District plans to take, and their role in conserving water resources in the subwatershed.  The specific targeted messages will emphasize conservation of the wide range of high-value resources in the subwatershed and developer education targeting Better Site Design, infiltration, and conservation of undisturbed native vegetation as sites develop.

Desired Outcomes:  Stewardship over water resources by residents of the subwatershed to assist District activities and supplement other goals.

Metrics:  Telephone survey.

Goal 9.1 - Painter Creek

Provide focused education and outreach opportunities within this subwatershed to supplement the general education and outreach program and assist in the achievement of these subwatershed goals.

Actions

1. Develop and distribute targeted written material to stakeholder groups (e.g., residents, agricultural property owners, developers) explaining the need for natural resource conservation and low impact development approaches to reduce phosphorus and other pollutant loading and providing strategies that each stakeholder group can employ to assist in meeting this goal.
2. Sponsor educational opportunities for LGU staff, developers, elected and appointed officials and other interested parties to provide practical information and opportunities for sharing experiences.
3. Prepare and distribute timely news releases to coincide with education efforts to inform the public of BMPs and other District actions that affect them directly.

Goal 9.2 - Painter Creek

Work cooperatively with other agencies and groups to coordinate education and outreach efforts to avoid duplication of efforts and maximize resources.

Goal 10 - Public Ditches

Maintain public ditch systems within the District as required under Statutory jurisdiction.

Discussion

The public ditch within this subwatershed continues to perform the function for which it was originally established – to drain lands for the promotion of agriculture.  The Board will continue to maintain jurisdiction over County Ditch #10 (see Figure 2).

Desired Outcomes:  Manage public ditches to maintain drainage and preserve natural features.

Metrics:  Stream Visual Assessment Protocol (SVAP) in Painter Creek.

Goal 10.1 - Painter Creek

Manage County Ditch #10 in accordance with statutory rights and responsibilities.

Actions

1. Conduct periodic inspections and perform maintenance as required.
2. Manage the ditch portion of Painter Creek in accordance with the other goals of this plan.

Goal 11 - Wetlands

Preserve, create and restore wetland resources and maximize the benefits and functionality of wetlands to the watershed.

Discussion

The Functional Assessment of Wetlands evaluated 2,755 acres of wetlands in the Painter Creek subwatershed, of which 1,308 acres were in the Preserve classification (see Table 6 in Section 2.5.4 and Figure 12).  There are numerous wetlands of exceptional and high quality functions and values within this subwatershed.  Their conservation is integral to achieving ecological integrity goals, as well as water quality, stormwater management, and floodplain management goals.

A key strategy of this plan is regulation of wetland impacts in accordance with a management classification based on the functions and values findings of the Functional Assessment of Wetlands (FAW).  Wetlands are assigned to a classification – either Preserve or Manage 1, 2, or 3 – and allowable impacts would be based on that classification.  The wetlands with the highest values – those in the Preserve classification – would be allowed minimal impacts.  The Manage classifications would be allowed some impacts, such as accepting new stormwater discharges, depending on classification.   This strategy would preserve existing high values such as habitat, vegetative diversity, and sensitivity, while also recognizing that wetlands play an important part in managing stormwater.  Wetlands provide essential storm and flood water storage.

Wetlands of exceptional or high vegetative diversity or fish or wildlife habitat value have been designated key conservation areas, as have wetlands that are riparian to streams or channels, have high restoration potential, provide key floodplain storage, or are located in important natural resources conservation areas such as regional park reserves or wildlife corridors.

Except for those in the Preserve classification, which would be managed to an even higher standard, these conservation wetlands would be managed as if they were Manage 1 classification wetlands, with limitations on the amount of new runoff that can be directed to them, and a requirement to pretreat any new discharges to them.

An important part of achieving the goal of no net loss of wetland size, quality, and type will be tracking those impacts to assist in identifying future restoration or wetland creation needs.

Equally important to the regulation of wetlands is the restoration of degraded wetlands within the subwatershed.  Figure 14 identifies wetlands based on restoration potential.  Restoring wetlands increases specific functions and values of the resource within the watershed ranging from management of flows to water quality improvement to enhancement of the overall ecosystem, particularly within identified corridors.  There are several wetlands in the subwatershed with moderate restoration potential, the most prominent being Painter Marsh.

Desired Outcomes:  Maintain existing quantity and quality of wetlands throughout subwatershed; improve wetland and surface water quality within Key Conservation Areas.

Metrics:

• Wetland quantity (acres)
• Wetland quality (acres/management classification)
• Acres of restored/created wetland within Key Conservation Areas

Goal 11.1 - Painter Creek

Maintain existing acreage of wetlands in the subwatershed and achieve no net loss in their size, quality, type, and biological diversity.

Actions

1. Regulate wetland impacts commensurate with the quality of the wetland as determined by the Management Classifications identified in the Functional Assessment of Wetlands (FAW).
2. In consultation with LGUs through an appropriate rulemaking process, amend existing or establish new District rules requiring submittal of a functions and values assessment for all proposed wetland impacts requiring a permit; mitigation of all fill in Preserve category wetlands; and specifying by management classification stormwater discharge pretreatment, buffer, hydroperiod, and other wetland standards.
3. Require that wetland losses be mitigated within the Painter Creek subwatershed.
4. Track wetland losses resulting from permitted fill.
5. Restore degraded wetlands in Key Conservation Areas to improve vegetative diversity and ecological integrity, with priority given to wetlands where restoration could improve management classification to at least a Manage 1.  Restore other wetlands as opportunities arise.
6. Restore vegetative diversity and ecological integrity of all wetlands in which the District acquires an interest.
7. Update the MCWD Functional Assessment of Wetlands to maintain a current inventory of wetland location, size as well as function and value.

Goal 11.2 - Painter Creek

Increase the quantity, quality, and biological diversity of Painter Creek subwatershed wetlands through the restoration of impacted wetlands.

Actions

1. Evaluate potential locations for future wetland restoration, including D-117-24-11-026 in PC-25 (see Figure 20).
2. Restore other hydrologically impacted wetlands in Key Conservation Areas determined in the FAW to be “restorable,” where restoration could improve vegetative diversity and ecological integrity. 

Goal 12 - Groundwater

Protect and maintain existing groundwater flow, promote groundwater recharge and improve groundwater quality and aquifer protection.

Discussion

Maintenance of groundwater recharge is important in the Painter Creek subwatershed to maintain baseflow in the Creek and hydrology to the groundwater-fed discharge or combination wetlands as well as to recharge aquifers that supply public and private water wells.  Development, with the associated creation of new impervious surface, increases the volume of stormwater runoff and reduces the amount of stormwater that naturally percolates into the soil to recharge groundwater.

Increased infiltration in the Painter Creek subwatershed is desirable for three primary reasons: to reduce the amount of pollutant loading into Painter Creek and thus to Jennings Bay; to help maintain base flows in Painter Creek; and to protect the hydrology of the large discharge (groundwater-fed) wetlands in the subwatershed.  Many of those wetlands are key resources with high ecological values that are dependant on groundwater to maintain those functions and values.  Much of the subwatershed has at least moderate infiltration potential.  Requiring new development and redevelopment to infiltrate some of the new stormwater generated would reduce new volumes downstream and help reduce future erosion in streams and channels; minimize new pollutant loading that would have been conveyed by that stormwater; and help maintain groundwater levels, preserving wetlands.  

Some parts of the subwatershed are areas of aquifer sensitivity or are drinking water wellhead protection areas, where care should be taken when infiltrating stormwater.  Proper design of infiltration practices is necessary to avoid groundwater contamination.  Other land use practices such as the use of private water wells or individual sewage treatment systems, or agricultural practices such as the use of chemicals and handling of animal waste should be monitored to prevent contamination of groundwater resources.

Groundwater management in the Painter Creek subwatershed will focus on increasing the amount of infiltration in the subwatershed, and minimizing opportunity for groundwater contamination from land use practices.

Desired Outcomes:  Maintain function of existing groundwater flow, assist in the protection of drinking water supply, no degradation in surficial groundwater quantity or quality.

Metrics:

• Acre-feet volume abstraction
• Surficial groundwater levels and parameters

Goal 12.1 - Painter Creek

Protect and maintain groundwater recharge and groundwater quality.

Actions

1. Amend existing or establish new District rules requiring abstraction of the first one inch of rainfall on new permitted development and redevelopment. 
2. Establish new District rule requiring an additional level of analysis and review of permitted development and redevelopment where there is a potential to adversely impact groundwater connected to a surface water feature.
3. Require pretreatment of stormwater discharged to wetlands or infiltration areas in the in the areas of high aquifer sensitivity.
4. Coordinate stormwater and groundwater management within identified drinking water management areas and wellhead protection areas with city and private wellhead protection plans.
5. Develop infiltration strategies appropriate to wellhead protection areas and areas of groundwater sensitivity.
6. Work cooperatively with Hennepin County, the Minnesota Department of Health, and other agencies charged with managing individual sewage treatment systems and private and public groundwater wells to assess the potential impacts of surface water management practices on groundwater quality.
7. Provide assistance to LGUs and developers to foster low impact development and redevelopment that minimizes new impervious surface and provides for increased infiltration.
   1. Develop and distribute model ordinances and design standards that incorporate low impact design principles.
   2. Sponsor educational opportunities for LGU staff, developers, elected and appointed officials and other interested parties to provide practical information and opportunities for sharing experiences.
8. Require developers to identify existing drain tile lines on property proposed for development.
9. Identify a network of surficial aquifer monitoring wells across the entire Minnehaha Creek watershed, monitor groundwater levels and groundwater quality, and if change is detected identify strategies for addressing that change.

Goal 12.2 - Painter Creek

Protect and maintain groundwater flow.

Actions

1. Identify base level flow in Painter Creek, monitor for trends, and if change is suspected identify strategies for addressing that change.
2. Monitor tamarack swamps in the Baker Park Reserve and other groundwater-dependant resources to determine trends, and if change is suspected identify strategies for addressing that change.

Goal 13 - Floodplains

Reduce the severity and frequency of flooding and high water by preserving and increasing the existing water storage capacity below 100-year flood elevations on all waterbodies within MCWD.

Discussion

The primary strategy in the management of stormwater and prevention of flooding in the Painter Creek subwatershed is the preservation of the stormwater storage.  Key areas identified in this plan for conservation include wetlands that provide floodplain storage as well as channel and stream floodplain and riparian zones.

Desired Outcomes:  No net loss of floodplain storage.

Metrics:  Acres net floodplain fill.

Goal 13.1 - Painter Creek

Preserve the existing water storage capacity below the 100-year event elevation.

Actions

1. Minimize development below the 100-year event elevation.
2. No net loss of the large wetland complexes that provide substantial upstream stormwater storage within this subwatershed.
3. Encourage the development and maintenance of depressional storage within the subwatershed.
   1. Promote the acceptability of minor flooding within the floodplain.

Goal 13.2 - Painter Creek

Utilize District hydrologic and hydraulic data to identify potential public infrastructure high water impacts.

Actions

1. The HHPLS noted that the 100-year water level was expected to overtop one public street and two private driveways.  Local plans should identify these observed or potential locations and assess whether the risk of occasional flooding is acceptable or should be addressed.  Assist LGUs in determining specific impacts and potential improvements.

Goal 14 - Recreation

Promote the recreational use, where appropriate, of surface waters within MCWD by providing recreation opportunities for citizens by promoting the use and enjoyment of water resources with the intent of increasing the livability and quality of life within the watershed.

Discussion

There is little active aquatic recreation in this subwatershed as there is no access to Katrina Lake, and Painter Creek is not suitable for canoeing.   The Baker Park Reserve includes extensive hiking and bicycling trails that offer opportunities for aesthetic enjoyment of Katrina Lake and the other wetlands within the reserve, wildlife viewing, and other passive recreation.  The Luce Line Regional Trail crosses the subwatershed on the south.  District and local efforts to improve ecological integrity and conserve corridors will enhance those aesthetic and recreational values across the subwatershed.   The District’s primary strategies in promoting and supporting recreational use of water resources is improving water quality.

Desired Outcomes:  Manage surfaces waters to achieve water quality goals so designated use is maintained and unimpaired.

Metrics:

• In-lake nutrient concentrations/Trophic State Index Scores (TSI) for Jennings Bay
• Nutrient loading goals (lbs) for Jennings Bay
• Macroinvertebrate Index of Biotic Integrity (M-IBI) in Painter Creek
• Stream Visual Assessment Protocol (SVAP) in Painter Creek

Goal 14.1 - Painter Creek

Support Katrina Lake and Painter Creek recreational use by reducing phosphorus loads and improving water quality.

Goal 15 - Erosion Control

Control temporary sources of sediment resulting from land disturbance and identify, minimize and correct the effects of sedimentation from erosion-prone and sediment source areas.

Discussion

Erosion within the subwatershed can result in sediment being transported to lakes, wetlands, and streams, where it can degrade water quality and habitat.  Sediment accumulating in channels, culverts, and other facilities can reduce their ability to convey stormwater, while erosion can undermine their stability.

The key areas identified in this plan for conservation activities include buffer zones adjacent to streams and channels.  In some cases these buffer zones are riparian or flow-through wetlands, and those wetlands have been identified as key conservation areas.  Where streams and channels flow through upland areas, conservation of native vegetation within these zones would also increase or maintain infiltration rates; decrease or maintain runoff rates and pollutant conveyance to water resources; and help minimize erosion.   Restoration of lakeshore would have the same benefits.  Identifying, addressing, and preventing erosion is necessary to meet District goals as well as to meet state and federal nondegradation, water quality and biological integrity requirements and to prevent the need for future TMDLs. 

Requiring new development and redevelopment to infiltrate some of the new stormwater generated would reduce post-development volumes downstream and help reduce future erosion in streams and channels; minimize new pollutant loading that would have been conveyed by that stormwater; and help maintain groundwater levels, preserving wetlands.  Limiting discharges from subwatersheds and basins that are currently landlocked is necessary to prevent further degradation of downstream water quality as well as to limit new volumes discharged to channels that are already experiencing erosion.

The Upper Watershed Stream Assessment and the Painter Creek Feasibility Report identified several localized areas of erosion on Painter Creek.  Other streams and channels within the subwatershed may currently be experiencing erosion or may develop erosion problems as development in the upper subwatershed increases the amount of impervious surface and stormwater runoff.    Strategies in the Painter Creek subwatershed will focus on identifying erosion problems on an ongoing basis and working with LGUs to correct them, implementation of stream restoration programs to improve streambank stability, considering potential downstream impacts of new volumes discharged from development.

Desired Outcomes:  Reduction in pollutant loading of temporary and permanent nature from erosion to supplement other goals.

Metrics:

• In-lake nutrient concentrations/Trophic State Index Scores (TSI) for Jennings Bay
• Nutrient loading goals (lbs) for Jennings Bay
• Macroinvertebrate Index of Biotic Integrity (M-IBI) in Painter Creek
• Stream Visual Assessment Protocol (SVAP) in Painter Creek

Goal 15.1 - Painter Creek

Identify and address erosion problems in the subwatershed.

Actions

1. Identify, inventory, and prioritize channel, shoreline and other erosion problems in addition to those already identified in the HHPLS, Upper Watershed Stream Assessment, and the Painter Creek Feasibility Study.
2. The HHPLS modeled higher than desirable velocities at several culverts that could lead to inlet or outlet erosion.  Work cooperatively with the respective cities and Hennepin County to evaluate the need to provide erosion control or take energy dissipation measures at these crossing to prevent erosion and downstream sediment transport.
3. Restore degraded streambanks on Painter Creek to achieve a Stream Visual Assessment Protocol mean score above 5.0  and other on streams to stabilize streambanks; reduce pollutant loading, erosion and sediment transport; and increase habitat.  Figure 20 illustrates areas identified in the Stream Assessment as high priorities for restoration.
   1. Periodically update the Painter Creek stream assessment to assess current stream condition and ecological integrity.
4. Work cooperatively with LGUs to restore spot erosion problems on streambanks on Painter Creek as well as other identified erosion problems.
5. Regulate new development and redevelopment and ensure compliance with erosion control standards.

Goal 15.2 - Painter Creek

Manage water volumes to Painter Creek to prevent further erosion.

Actions

1. Implement the regulatory and management activities identified in this plan.
2. Inspect erosion-prone areas of Painter Creek periodically to assess their condition and inspect the entire Creek every five years.
3. Work cooperatively with the adjacent property owners and LGUs to prevent erosion and sediment transport and stabilize streambanks as necessary.

Goal 16 - Regulation

Promote effective planning to minimize the impact of development and land use change on water resources as well as achieve watershed District Goals.

Discussion

The District’s regulatory program is the means by which many of the goals enumerated here would be accomplished.  As development and redevelopment occurs, property owners and developers are required to treat and control stormwater, limit impacts to wetlands, and meet other standards.   Additional regulation may be necessary in the Painter Creek subwatershed to implement the actions in this plan.

Desired Outcomes:  Utilize regulatory program to cost-effectively manage land use to achieve other goals.

Metrics:

• Acre-feet volume abstraction
• In-lake nutrient concentrations/Trophic State Index Scores (TSI) for Jennings Bay
• Nutrient loading goals (lbs) for Jennings Bay
• Wetland quantity (acres)

Goal 16.1 - Painter Creek

In consultation with LGUs through an appropriate rulemaking process, amend existing or adopt new rules to implement the actions identified here within two years of adoption of this plan.

Actions

1. Amend District rules as set forth in this Plan within two years of adoption of this plan.
2. Provide technical assistance to LGUs in the implementation of existing or new rules.
   1. Develop and distribute model ordinances and design standards that could be used to implement existing or new rules.
   2. Sponsor educational opportunities for LGU staff, developers, elected and appointed officials and other interested parties to provide practical information and opportunities for sharing experiences.
3. Promote “Conservation Ordinances” related to low-impact development, tree conservation, open space conservation, etc. 

Goal 17 - Public Involvement

Solicit input from the general public with the intent that policies, projects and programs will address local community values and goals as well as protect historic and cultural values regarding water resources; strive to manage expectations; base decisions on an educated public; foster an educated and informed public within the watershed.

Discussion

The District has good working relationships with the LGUs within the watershed, and maintains a Citizens Advisory Committee to obtain regular public input on issues of concern to the District and its citizens.  As the District implements the actions identified in this plan, including the education and communication actions described above, it will be important to obtain direct input from water resource users.  The primary strategy for the Painter Creek subwatershed will be working with individuals, the cities and county and the Three Rivers Park District.

Desired Outcomes:  Engage the public to encourage involvement in District activities and stewardship of area resources.

Metrics:  Positive contacts with property owners and interest groups.

Goal 17.1 - Painter Creek

Work cooperatively with individuals, the cities and county and the Three Rivers Park District as necessary to obtain public involvement and input regarding Painter Creek and its subwatershed.

Actions

1. Provide information and assistance as requested.
2. Attend meetings as requested to share information, hear concerns, and maintain a good working relationship.

As discussed in Section 3.6 above, future development is expected to contribute additional stormwater volume and phosphorus loads to Painter Creek and thus to Jennings Bay, further degrading water quality.  The current regulatory program will not be sufficient to control these impacts.  To mitigate these future impacts and to address other goals such as increased infiltration, wetland management, and improved ecological integrity, additional regulation may be necessary. A decision on rulemaking needs/standards can only be made after the formal rulemaking process. In addition, further amendments to the rules should not be precluded by the content of the plan.

Additional regulatory controls on permitted development and redevelopment will be considered for this subwatershed to increase phosphorus load reduction requirements, add volume management and infiltration requirements, implement wetland management in accordance with management classification, and increase scrutiny of development that may impact groundwater or key conservation resources.  Regulations providing an incentive such as a volume reduction credit to developers to maintain undisturbed areas, reforest, or plant native vegetation may be considered.

The following are revised or additional regulatory controls in this subwatershed that would be necessary to assist the District in meeting the goals of this Plan:

1. Amend existing or establish new District rules requiring abstraction of the first one inch of rainfall on new permitted development and redevelopment.
2. Provide regulatory constraints and incentives for the conservation of undisturbed native vegetation as sites develop.
3. Require MCWD review of preliminary plats and vegetation surveys so the District may comment on proposals and how they relate to District ecological integrity goals.
4. Require submittal of a Natural Resources Inventory and Conservation Plan as a condition of permit approval.
5. Amend existing or establish new District rules requiring greater than 50 percent phosphorus removal on new permitted developments within the Painter Creek subwatershed.
6. Amend District rules to incorporate a requirement for stormwater management plan approval prior to submittal of a preliminary plat.
7. Amend existing or establish new District rules requiring submittal of a functions and values assessment for all proposed wetland impacts requiring a permit; mitigation of all fill in Preserve category wetlands; and specifying by management classification stormwater discharge pretreatment, buffer, hydroperiod, and other wetland standards.
8. Establish new District rule requiring an additional level of analysis and review of permitted development and redevelopment where there is a potential to adversely impact groundwater connected to a surface water feature.
9. Require pretreatment of stormwater discharged to wetlands or infiltration areas in the areas of high aquifer sensitivity.
10. Require developers to identify existing drain tile lines on property proposed for development.

Prior to the encroachment of additional development, the opportunity exists to create connections between ecosystems within the Painter Creek, Dutch Lake, and Lake Minnetonka subwatersheds to improve water quality, preserve natural conveyances, and facilitate the movement and proliferation of native species as well as enhance recreational opportunities.  Figure 19 identifies approximately 1.75 miles of stream corridor, 1,700 acres of priority wetland, and 320 acres of adjacent high priority uplands, the conservation of which will improve the characteristics of the aquatic ecosystem and the water quality within the subwatershed as well as areas downstream.  

The District operates a Land Conservation Program that undertakes conservation activities ranging from assisting property owners in enrolling property in conservation programs to acquiring easements or fee title over high value resources.   Key conservation areas identified on Figure 19 are located within the current Land Conservation Program target area or have been proposed for addition to the target area.  The District will continue to proactively investigate opportunities to conserve key resources in these areas and work cooperatively with other agencies and groups to accomplish this subwatershed’s conservation goals.  The District will provide technical assistance to the LGUs to identify and implement strategies for local conservation efforts in support of program goals.

The District operates a watershed-wide Strategic Education and Communications program that provides general information of wider interest as well as targeted information.  The targeted education and public involvement activities identified in this plan will be implemented to assist in the reduction of existing pollutant loading to Painter Creek and other water resources in the subwatershed as well as to minimize the impacts of future development.  The specific targeted messages will emphasize conservation of the wide range of high-value resources in the subwatershed and developer education targeting Better Site Design, infiltration, and conservation of undisturbed native vegetation as sites develop.

Hydrologic Data Program

To monitor progress toward meeting water quality and quantity goals, routine water quality and quantity monitoring of Painter Creek will continue to be a part of the District’s annual Hydrologic Data Program. Macroinvertebrate monitoring should be completed on Painter Creek every three years.

The monitoring program should be adjusted to evaluate the effectiveness of the proposed Highway 26 wetland restoration project prior to expansion of this type of restoration to other locations.  This monitoring should include continuous flow monitoring with automated sampling upstream and downstream of the wetland; flow monitoring downstream of the diversion weir to measure discharge to the creek bypassing the wetland; and a precipitation station.    The monitoring should be carried out for at least three years.

Aquatic Vegetation

Comprehensive aquatic vegetation data is not available for Jennings Bay.  To assess the role aquatic vegetation plays in internal phosphorus loading an aquatic vegetation survey should be completed and a management plan developed as part of any internal load reduction project.  The survey should be updated after five years at an estimated cost of $8,000. 

Wetland Monitoring

Wetlands with exceptional value vegetation are present in the subwatershed.  Because of the importance to overall subwatershed ecological integrity of preserving these values, these wetlands will be regularly monitored for invasive species by staff or trained volunteers.

Activities detailed in this implementation plan will require both ongoing and new operations and maintenance activities in this subwatershed.  These include inspection of erosion-prone Painter Creek annually to maintain conveyance capacity and identify erosion that could contribute sediment downstream or impede proper function of the channel, and maintenance activities for existing and proposed capital projects.

Table 11.  Ongoing District operations and maintenance tasks in the Painter Creek subwatershed.

Table 12.  Ongoing operations and maintenance tasks for previously completed Painter Creek subwaershed improvement projects.

Source:  MCWD.  See Figure 20 for pond locations. 

Table 13.  Potential ongoing operations and maintenance tasks for proposed Painter Creek subwatershed improvement projects.

Note: Responsible parties would be determined by negotiation at the time of project proposal.

One of the water quality goals for this subwatershed is the reduction of phosphorus loading into Jennings Bay by reducing phosphorus loading from Painter Creek.  Table 15 below sets forth a summary plan for how this could be accomplished.   This plan was described in detail in the Painter Creek Feasibility Study.

The table breaks down modeled phosphorus loading to Jennings Bay by source: atmospheric deposition, external sources, and internal sources.  Atmospheric deposition is a regional issue and is not dealt with here.  The primary means of addressing external loading are through the regulation of new loads generated by development, the reduction of existing loads from the subwatershed, and control of loading from the stream channel itself through streambank restoration and erosion control.    The Feasibility Study identified a number of improvements throughout the subwatershed to consider that are described in more detail below.

It is important to note that the movement of phosphorus in the Painter Creek subwatershed has been studied extensively but is still not completely understood.  The phosphorus load contributed by the creek to Jennings Bay is not sufficient to explain the current in-lake phosphorus concentration.  The most likely sources for this discrepancy are internal loading from lake sediments or aquatic vegetation, although wetland export from the subwatershed may also contribute.  Internal load management in Jennings Bay such as alum treatment to control sediment sources coupled with control of aquatic vegetation in the Bay may alleviate some internal loading.  Rough fish management in Katrina Lake and the creek may also be required.  A feasibility study would determine the most appropriate internal load reduction options.   

This load reduction plan would not achieve the upper limit of the Jennings Bay HHPLS total phosphorus concentration goal of 50-70 μg/L.  Because of the unknowns associated with phosphorus loading in and from the subwatershed and experimental nature of some of the wetland restorations identified in the Feasibility Study, this plan assumes the District will continue to monitor performance and may make changes to this plan to adapt to new information or changing conditions.

Table 15.  Phosphorus load reduction plan for Painter Creek/Jennings Bay (based on the Painter Creek Feasibility Study.)

⁽¹⁾  Phosphorus loads and estimated reductions resulting from improvements are from the Painter Creek Feasibility Study, which updated and refined the HHPLS loadings for this subwatershed.  Ultimate land use conditions are not available.

⁽²⁾ Proposed projects are presented in an upstream to downstream order.  Estimated reductions assume a “treatment train” approach whereby downstream projects and associated reductions assume that upstream projects and reductions are in place

Capital projects in the Painter Creek subwatershed include a series of projects proposed in the Painter Creek Feasibility Study to improve water quality; stream restoration projects to repair erosion noted in the Upper Watershed Steam Assessment; and projects to replace aging outlet structure infrastructure.

These projects and others identified below will progress the District toward achieving its various goals for the subwatershed.  This program is not a comprehensive list of all capital needs or potential projects within the subwatershed, and is limited by available financial resources and staff capacity to manage projects.  These priority projects are intended to:

• Achieve nutrient load reductions to Jennings Bay to prevent future listing as an Impaired Water that would require a TMDL study.
• Stabilize and restore reaches of Painter Creek identified in the Upper Watershed Stream Assessment with the highest concentration of erosion issues and to improve biotic integrity.
• Begin addressing the historic loss of wetlands in the subwatershed through restoration of degraded or drained wetlands.
• Mitigate the impacts of future development on downstream resources.

These proposed projects emphasize the achievement of multiple objectives.  For example, stream restoration would not only stabilize streambanks and prevent further erosion, it would provide an opportunity to improve in-stream and buffer habitat, conserve existing high-value resources, and reduce sediment and nutrient transport downstream.  Wetland restorations would not only restore degraded or drained wetlands, they would provide an opportunity to improve downstream water quality, increase infiltration, improve habitat, and conserve existing high-value resources.

Table 17.  Summary of metrics to be used in evaluating progress toward Painter Creek subwatershed goals.

Table 18.  Summary of Painter Creek subwatershed implementation program.