Erosion & Sediment Control Rule

MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS

EROSION & SEDIMENT CONTROL RULE PURSUANT TO MINNESOTA STATUTES §103D.341

Download the full Erosion & Sediment Control Rule (PDF).

Adopted April 11, 2024
Effective April 29, 2024

1. POLICY

The District will implement this rule to limit erosion of soils from disturbed sites due to wind and water; reduce volume and velocity of stormwater moving off site; limit sedimentation into water bodies; and protect soil stability during and after disturbance.

(a) The District will apply this rule so that disturbed sites are managed according to the following principles:

Limit area and duration of exposed or unstable soils.
Limit disturbance of soil cover and vegetation, and work near waterbodies.
Limit disturbance on steep slopes and high cuts and fills.
Keep sediments on site, and out of roadways, stormsewers, and waterbodies.
Avoid damage to trunks and root systems of trees and vegetation being preserved.
Avoid, limit and, repair soil compaction.

(b) As an owner or operator of a municipal separate storm sewer system (MS4), the District is subject to the terms of the Small Municipal Separate Storm Sewer Systems General Permit (MNR040000) issued by the Minnesota Pollution Control Agency (MPCA). Specifically, the District’s standards for erosion and sediment controls must be “at least as stringent” as those set forth in the MPCA Construction Stormwater General Permit (MNR100001) (MCSGP). For simplicity and consistency, this rule, at paragraph 4 below, adopts the applicable standards of the Construction Stormwater General Permit by reference.

2. PERMIT REQUIRED

(a) Land-disturbing activity requires a permit under this rule, except for:

A land disturbance of less than 5,000 square feet in area.
Agricultural activity

(b) A land disturbance less than one acre that is not part of a larger common plan of development or sale one acre or more, and that does not require a permit under any other District rule, may proceed under a General Permit in accordance with section 5, below. The activity is subject to section 5, but not otherwise subject to this rule.

(c) Excavation, filling or stockpiling 50 cubic yards or more of soil or earth material, if the disturbance or stockpile is not isolated from precipitation and stormwater runoff by a structural enclosure, is subject to a General Permit in accordance with section 5, below.

3. APPLICATION

(a) The applicant must complete the District’s Erosion and Sediment Control application through the Online Permitting Portal and submit an application fee or fee deposit, also through the portal, in accordance with the applicable fee schedule.

(b) The application must include an erosion and sediment control plan (“ESC Plan”). On District approval, the ESC Plan is a part of the permit and must be implemented according to its terms. The ESC Plan must be drawn to appropriate scale and benchmark, and must include the following. Required information is limited to the area within site boundaries, except where indicated.

Site parcel boundaries and off-site surrounding roads.
Water features and facilities, including lakes, streams and wetlands; established legal vegetated buffer on any such feature; natural and artificial water diversions and detention areas; surface and subsurface drainage facilities and stormwater conveyances; and storm sewer catch basins.
Identification of off-site receiving waterbodies and stormwater conveyance systems to which the site discharges.
Notation as to impaired or special management waters status of a receiving waterbody. If the site discharges within one mile (aerial radius measurement) of, and to, a water designated by the Minnesota Pollution Control Agency as impaired, the applicant must identify any Total Maximum Daily Load (TMDL) that has been approved and is still in effect.
Identification of areas adjacent to, and that drain to, public waters for which the Minnesota Department of Natural Resources has promulgated “work in water restrictions” during specified fish spawning times.
Existing and final site grades, steep slopes, and the direction of flow under pre- and post-disturbance conditions.
Existing and proposed buildings, impervious surface and other significant structures.
Existing and planned underground utilities.
Trees and vegetation, indicating what is intended to be retained.
Delineation of proposed area of disturbance and areas of soil or earth material storage; description of proposed grading, grubbing, clearing, tree removal, excavation, fill and other disturbance.
A statement of the following quantities: area of disturbance, volume of excavation, volume of imported fill materials, volumes of soil or earth materials temporarily placed on site.
Phasing plan to minimize the duration of exposed soil areas.
Location and identification of proposed runoff control, erosion prevention, sediment control and temporary and permanent soil stabilization measures.
Location of protective fencing around vegetation to be retained, to exclude all fill and equipment from the drip line or critical root zone, whichever greater.
Areas where soil compaction is to be prevented, or minimized and repaired, including but not limited to filtration and infiltration stormwater facilities and areas to be retained as greenspace.
Location and identification of existing and proposed permanent stormwater management facilities.

(c) If an applicant has determined that compliance with the temporary sediment basin or temporary buffer requirement of this rule is infeasible, the application must include the applicant’s justification.

(d) The District may require other information that it reasonably finds necessary to evaluate and approve an application under this rule.

4. SITE MAINTENANCE AND INSPECTION

In engaging in the approved activity, the permittee and those performing the work on the permittee’s behalf must implement the ESC Plan in accordance with MCSGP sections 7, 8, 9, 10, 11, 12, 13 and 14; and with MCSGP paragraphs 16.4, 17.3, and 23.7 through 23.11; as they may be amended from time to time. These provisions are incorporated into this rule.

5. GENERAL PERMIT

(a) Before land disturbance or stockpiling occurs, the applicant must submit a notice of disturbance and a simplified ESC Plan through the Online Permitting Portal. The simplified ESC Plan will include the content at subsection 3.b, paragraphs (1), (2), (6), (7) and (13), above. If the Online Permitting Portal notes the presence of regulated waterbody or floodplain on a parcel on which the activity is to occur, the applicant is notified and the general permit is not effective until District staff have determined that the activity does not require a permit under another District rule.

(b) A permittee operating under a District general permit must conduct all activity in accordance with the following terms:

Erosion and sediment control measures must be consistent with best management practices, and sufficient to retain sediment onsite as demonstrated in the Minnesota Stormwater Manual.
Erosion and sediment controls must be in place prior to construction start and assessed periodically to ensure functionality.
If dewatering, Section 10 of the MCSGP.
When land disturbing or stockpiling is complete, the site must be stabilized, and then erosion and sediment controls must be removed.
By engaging in activity under a District permit, a property owner recognizes that District representatives may enter to inspect, and may direct site measures or institute compliance procedures if they find non-conformance with subsection 5.b, or that the site condition presents a risk to water resources.

6. NOTIFICATION

The permittee or its authorized agent must notify the District through the Online Permitting Portal at the following times. A public applicant may request an alternative notification plan.

(a) When perimeter erosion and sedimentation controls have been installed.

(b) Before any site dewatering.

(d) When the site has achieved permanent stabilization.

(e) When all temporary erosion and sedimentation controls have been removed.

7. FINANCIAL ASSURANCE

A bond, letter of credit or cash escrow in accordance with the District’s Financial Assurances rule is a condition of permit issuance.