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Home My WebLink About5.a. Metro Land Minor Amendment to Harmony PUD and Simple Plat for Harmony Parkview 2nd Addition EXECUTIVE SUMMARY Planning Commission Meeting: April 23, 2019 Tentative City Council Meeting: May 21, 2019 AGENDA ITEM: 19-22-SMP and 19-23-PUD Metro Land AGENDA SECTION: Minor Amendment to Harmony PUD and nd Simple Plat for Harmony Parkview 2 Public Hearing Addition PREPARED BY: Kyle Klatt, Senior Planner & Kim AGENDA NO. 5.a. Lindquist, Community Development Director nd ATTACHMENTS: Location Map; Harmony Parkview 2 Addition Plat and Plans: Overview, Existing Conditions, Demolition Plan, Simple Plat, Erosion and Sediment Control, Grading and Drainage, Utilities, APPROVED BY: K.L. Paving and Dimensional Plan, Construction Details; Landscape Plan, th 2008 Master Plan (Harmony 5), Architectural Plans, City Engineering Review, Letter from Faison Family RECOMMENDED ACTION: Motion to recommend the City Council approve a Simple Plat nd for Harmony Parkview 2 Addition with the following conditions: 1) Dedication of standard drainage and utility easements. 2) Compliance with the conditions and standards within the City Engineer’s Memorandum dated April 18, 2019. 3) Approval and execution of a subdivision agreement or general agreement concerning the payment of applicable City fees. nd 4) Development of the 16 townhouse units created in Harmony Parkview 2 Addition cannot occur until: a. The applicant enters into an offsite ponding agreement or pays the required off-site ponding with prior to recording of the final plat. b. The regional pond west of the site, within the Dunmore project is installed. c. All required permits from MnDOT to increase discharge across TH 3 have been obtained Staff is approving the Minor PUD Amendment subject to the following conditions (Planning Commission action not required; informational only): 1) Compliance with the conditions and standards within the City Engineer’s Memorandum dated April 18, 2019. 2) Final building plans shall include a minimum of three and a half (3.5) feet of brick or stone wainscoting on the front façade and any columns in front of the house, and side and rear elevations facing public right of way. 3) The townhomes are subject to the same design guidelines as the existing townhouse development standards in the current PUD agreement. 4) Provision of two additional off-street parking stalls to meet the City’s overflow parking requirement of one-half (1/2) space per unit in the common space accessible to all dwellings in townhouse developments. SUMMARY The Planning Commission is being asked to consider a Simple Plat request to permit platting of individual lots for a sixteen unit townhouse project in the general location of the temporary stormwater pond within the Harmony project. This site has been the subject of several approvals which have not as yet taken place. The new proposal indicates four, four-unit buildings accessed by two private driveways coming off of Bronze Parkway. The buildings will be consistent with the applicant’s recent buildings being constructed within the project, south of the Club House and east of the City Park within Harmony. Property Owners: Metro Holdings Applicant: Metro Land Location: Generally. west of Bronze Parkway, East of Hwy 3 and north of the Harmony Park within the Harmony PUD Site Area in Acres: 11.51 Acres Current Zoning: R-1PUD BACKGROUND This property has been approved for several differing housing types. When the Harmony project first was approved, the concept indicated one-level fourplexes, similar to the units constructed, ringing the eastern edge of the Harmony neighborhood. In 2016, an amendment was approved to allow platting of seven single family lots, more consistent with the development pattern north of the site. As part of both approvals, the applicant was required to enter into an offsite ponding agreement, which requires a payment to permit use of the Dunmore regional pond and allow filling of the existing Harmony stormwater pond. The plan was always to pond in the regional area within the Dunmore site but due to the timing of development a temporary pond on this site was needed. Metro Land is now proposing to develop the site for townhouses, and the site plan includes a four separate buildings with four units in each all accessed via a private interior roadway system. These units are considered townhouses (or single-family attached units) because each home will be platted on a separate lot with a shared building wall/property line with at least one other unit. The proposed buildings will be two stories in height (slab-on-grade), with a garage at ground level and living space in back of and above the garage. The building design is very similar to the “Villa” and “Row” townhouses found elsewhere within the Harmony PUD and the building design approved for the Timeless Homes subdivision near the subject site. ISSUE ANALYIS Lot Division The applicant is proposing a simple plat. Simple plat requests are quasi-judicial decisions meaning that the City Council is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance, and Subdivision ordinance are being followed. The property is also part of an approved Master Development Plan PUD; planning requests are viewed to ensure compliance with the PUD Master Plan and conditions of approval. PUD Amendment The requested PUD amendment is considered a minor amendment because it does not significantly alter any of the major site characteristics of the Harmony PUD, including the location of public roadways, utilities, private driveways, or other site features. In addition, the proposed amendment does not increase 2 the overall density of the PUD by more than 5%. The overall dwelling unit count within the Harmony PUD now stands at 454 over the entire 91.38 acre site for a density of 4.96 units per acre. The proposed amendment would bring this number up to 463 (an increase of 9 units or 2% above the approved number) for a new overall project density of 5.07. The updated density falls within the density range of 5-10 units per acre as specified in the Comprehensive Plan for the medium density residential land use category. Stormwater As noted above, the area proposed for the four townhouse buildings was initially designated for three quad-homes. Because there was not access to the planned regional pond across Hwy 3 from the Harmony site a temporary pond was created to properly address site stormwater runoff. The development of the Dunmore project allows construction of the regional pond and permits filling the Harmony pond, removing obsolete piping and development of the townhomes. There are no site stormwater impacts associated with the project as the infrastructure system is in place to permit the proposed development. Staff is currently working with MnDOT to obtain the proper permitting to complete the connection across Highway 3 into the Dunmore regional ponds. Parking and Access. All streets internal to the development will be private, with two new entrances off of th Bronze Parkway. The southern entrance will line up with the 135 Street, while the other will not align with any exiting access on the east side of Bronze Parkway. The private streets will only provide access to individual units are and will be 24 feet in width. The proposed street layout generally matches the preliminary PUD plans and will provide for adequate maneuvering space for service vehicles, residents and visitors to this neighborhood. The City’s single-family attached parking standards, which are mirrored in the overall Harmony PUD agreement, require 2.5 parking stalls per unit. The proposed plans include two garage spaces within each unit along with 6 additional surface stalls at the end point of the private streets. This leaves the project two stalls short of the City’s parking requirements, and the plans will need to be updated to provide the additional required overflow parking within the common areas of the site. Consistent with the City’s expectations for units along private streets, the site layout provides a minimum of 20 feet between the front face of the garage and the curb line of the street. This garage setback from the street will provide room for all but the largest vehicles to park in the driveway without blocking the street. Setbacks Due to the project site’s location adjacent to State Highway 3, which is considered a Minor Arterial route in the City’s transportation plan, the zoning ordinance requires an additional setback buffer to the highway right-of-way. The proposed townhouse plan takes this additional 20-foot setback into account and keeps all buildings a minimum of 50 feet from the right-of-way line. Utilities Roads and public utilities were installed in initial phases of the Harmony development. There are no new utilities needed for the townhomes proposed. Utility fees must be paid as part of the platting project and are noted in the Engineering memorandum. Grading With the 16 townhomes the temporary pond will be filled and the existing storm sewer dismantled. A new pipe will be added between the two southernmost buildings that will direct drainage to the low area along Hwy 3. From there the drainage will be directed under Hwy 3 to the regional pond that has been enlarged within the Dunmore project. Filling of the pond and creation of lots cannot occur until the site is connected to the new infrastructure within Dunmore across Highway 3. An offsite stormwater fee must be paid in association with removal of the temporary pond. 3 Park Dedication The park dedication requirements have been paid or been achieved through land dedication. There are no new Park fees created by the request. Preliminary Plat nd The Harmony Parkview 2 Addition creates 16 townhouse lots in place of three quad homes that were initially approved as part of the project and the seven single family homes approved with a subsequent amendment. From a technical standpoint, all properties platted must contain standard drainage and utility easements. Landscaping The applicant has submitted a landscape plan that demonstrates compliance with City’s landscape ordinance: one over story tree per dwelling unit, one street tree for every 50 feet of road frontage (there are currently no trees along the west side of Bronze Parkway) and one foundation planting for every 10 linear feet of structure. The landscape plan also incorporates a larger buffer planting strip along the Highway 3 right-of-way consistent with the overall Harmony landscape plan (as amended with the th Harmony 5 Addition major PUD amendment). Architecture The proposed design and architectural details for the proposed buildings mirrors the units previously stst approved with the Harmony Parkview 1 Addition. The four-unit building design approved for the 1 Addition is attached for reference. CONCLUSION & RECOMMENDATION nd Staff recommends approval of a Simple Plat request for Harmony Parkview 2 Addition. This recommendation for approval is based on the information submitted by the applicant and the findings made in this report and is subject to the conditions listed in the recommended action. 4 llllllllllllllllllllllllllllllllllllll DRAWN BY DATE REVISIONS PLM 2121 CAD FILE 222SS.GZJ PROJECT NO. 222 C2.1HARMONY PARKVIEW 2ND ADDITIONROSEMO8NT MINNESOTAALTA/NSPS LAND TITLE SURVEYFORPRELIMINARY PLAT21 CO8NTY ROAD 2 WEST B8RNSVILLE MN 2 WEST C.R. 2 S8ITE 12 B8RNSVILLE MN PHONE 2.. PKDPSWRQ#MUKLQF.FRPPLANNERS EN*INEERS S8RVEYORSZZZ.MUKLQF.FRPJames R. Hill, Inc.1.The bearing system is based on the recorded plat of HARMONY 5TH ADDITION. NOTES Outlot C, HARMONY 5TH ADDITION, Dakota County, Minnesota. PROPERTY DESCRIPTION llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll l lllllllllllllllllllllllllllllllllllllll l l llllllllllllllllllllllllllllllllllllllllll l l l l l l l l l l l l l l l ll l l l lllllllllllllllllllllll l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l lllllllll llllllllllllllllllllllllllllllllllllll HARMONY 9TH ADDITION - ROSEMOUNT, MN TYPE OF PROJECT: Residential 16 Unit Multi-Family Townhomes TYPE OF WORK: Mass Grading, Utility and Street Construction, Paving. Subsequently, Joint Trench and Home construction will occur. TOTAL PLATTED AREA: 2.08 AC TOTAL DISTURBED AREA: 1.84 AC PROPOSED (DESIGN) IMPERVIOUS AREA:0.80 AC SPECIAL WATERS: The site is NOT within a 1-mile radius of a special or impaired water. CONSTRUCTION PHASING The project is expected to be constructed in three phases, with mass grading occurring during one construction season. Mass grading is anticipated to be completed within 4 weeks from commencement of work. Utility and street construction is anticipated to be completed within 4 weeks from commencement of work. POTENTIONAL FOR EROSION AND DISCHARGE OF SEDIMENT As the site will be stripped of topsoil and vegetation for a period of several weeks during construction, the potential for erosion will increase. The overall gradients on the site are relatively low. The street subcut will serve as temporary sediment basins during construction. The project is primarily cut, and therefore perimeter erosion will flow inward towards the project. The risk of discharge of sediment off of the site is low, due to the grade orientation and design. The highest potential for discharge off the site is from the street entrance. Contractor will be required to manage completion of 3:1 slopes such that soil exposure is minimized. After excavation and embankments are completed, slopes shall be re-spread with topsoil, the slope grades certified, and erosion blanket installed as per the plan. Contractor shall coordinate these steps to be carried out in a timely manner. EROSION CONTROL BMPs The construction plans anticipate the use of, but are not limited to, the following Erosion Control BMPs: 1.Perimeter delineation to minimize disturbed areas 2.Temporary Rock Construction Entrance 3.Temporary straw mulch as needed. 4.Seed and mulch/sod 5.Erosion Control Blanket 6.Minimize active or disturbed work areas 7.Horizontal slope grading 8.Turf Reinforcement Mat SEDIMENT CONTROL BMPs The construction plans anticipate the use of, but are not limited to, the following Sediment Control BMPs 1.Sediment traps constructed in street subcut 2.Rock filter dikes in street subcut 3.Utilize permanent stormwater basin as Temporary Sediment Basin 4.Silt Fence at project perimeter or toe of slopes 5.Inlet protection on existing catch basins 6.Inlet protection on existing culverts 7.Inlet protection after utility construction 8.Linear control along back of new curb and gutter (sod, bioroll, or silt fence) 9.Routine street sweeping adjacent to construction entrance. 10.Ditch checks Refer to plans for designated locations of BMPs, details and implementation notes. BASIN AND TRAP DEWATERING BMPs Should the need arise for basin or trap dewatering, contractor shall utilize a floating skimmer pump intake, such that the water is drawn from the surface of the basin. Pumped effluent shall not be discharged into Surface Waters in a turbid state. Turbid effluent shall be filtered with mechanical devices, chemical filtering, or a combination thereof, to a state of 50 NTUs or less. STABILZATION BMPs The construction plans anticipate the use of, but are not limited to, the following Stabilization BMPs: 1.After lot pads are grade certified, permanent seed and mulch can be applied, generally from the front of the building pad, extending to the rear of the lot (areas where no further utility construction is anticipated.) 2.After 3:1 slopes on lots are certified, permanent seed and erosion control blanket can be applied. 3.Rip rap at pipe outfalls 4.Permanent seed and erosion control blanket on basin slopes after grade certified. 5.After curbs are backfilled, apply permanent seed and mulch to remaining building pads and boulevard area not already stabilized. 6.Sod placement, as appropriate. POLLUTION CONTROL BMPs 1.Fueling: A fixed fueling station is not anticipated. Contractor will be required to implement BMPs for onsite re-fueling of equipment. 2.Concrete Washout: A suggested washout area will be specified on the plan. The developer has the ability to adjust location or to provide alternative washout containment. 3.There is not an anticipated need for storing chemicals, paints, solvents or other potentially toxic or hazardous materials on site. SEED & MULCH SPECIFICATIONS Seed placed for permanent cover or final stabilization requires 6” minimum topsoil cover. Exception: Infiltration basins - see basin details for soil type). Multiple site visits will be required to accommodate permanent or temporary stabilization as required during the phases of construction. (1) General Seed & Mulch A.Seed: MNDOT 25-141 at a rate of 59 lb/acre B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200 lb/acre C.Mulch: MNDOT Type 1 at a rate of 2 tons/acre (2)Temporary Cover Crop (Ponding/Infiltration/Adjacent Slope Areas) A.Seed: MNDOT 21-112 at a rate of 100 lb/acre B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200 lb/acre C.Mulch: MNDOT Type 3 at a rate of 2 tons/acre (3)Hydro-Seeding (Stockpile) A.Seed: MNDOT 22-111 Seed & Type Hydraulic Mulch at a rate of 10 lb/1000 gal B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 50 lb/1000 gal C.Mulch: Type Hydraulic Mulch at a rate of 350 lb/1000 gal D.Water: 875 gal/1000 gal E.Apply at 6000 gal of Slurry per acre (4) Stormwater Basins (Aquatic Bench up to HWL) A.Seed: MNDOT 33-261 at a rate of 14.5 lb/acre B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200 lb/acre C.Mulch: MNDOT Type 3 at a rate of 2 tons/acre INSPECTION AND MAINTENANCE OF BMPs Routine Inspection 1.Rock Entrance - Inspect weekly. If rock becomes filled with sediment and tracked material to the extent the purpose ceases to function, remove the contaminated rock and replace with new rock. 2.Silt fence - Inspect weekly, particularly for damaged sections, breaches, down-gradient areas, flow concentration points, scour areas and sections adjacent to sensitive areas. Where capacity is filled to more than 50% of depth, sediment shall be removed to restore capture capacity. 3.Sediment traps and basins - Inspect weekly. Where capacity is filled to more than 50% of depth, sediment shall be removed to restore capture capacity within 72 hours of discovery. 4.Inlet Protection - Inspect weekly or more frequently as needed after multiple rainfalls less than 0.5”. Verify intake capacity is not compromised. Where capacity is filled to more than 50% of depth, sediment shall be removed to restore capture capacity. 5.Inspect other site specific BMP's on a weekly basis minimum. Rain Event Inspection - Mandatory, within 24 hours after a rain event 0.5” or greater. Complete all items associated with Routine Inspection. Furthermore, inspect site for breaches, failures, scours and gullying. Take corrective actions as necessary to restore functionality to the BMP's. If a given situation is discovered to be prone to repetitive failure, advise the Engineer and Contractor for SWPPP and BMP amendments. ADDITIONAL SWPPP NOTES 1.All Erosion and Sediment Control facilities shall be maintained by the contractor during the construction operations. Any temporary facilities which are to be removed as called for on these plans and specifications shall be removed by the contractor at the time directed by the engineer. The contractor shall then restore the subsequently disturbed areas in accordance with these plans and specifications. 2.Wherever practical and feasible, the contractor shall protect and preserve existing natural trees, grass and other vegetative cover in effort to provide natural buffering and filtering of runoff. 3.Contractor shall be adaptable in adjusting construction schedules in anticipation of weather forecasts of precipitation, in order to minimize risk of erosion and sediment transport. 4.It is the responsibility of the contractor to keep public streets, travel ways, parking lots and trails utilized for ingress to and egress from the construction site free of dirt, sediment and debris, resulting from construction activity. Cost for this shall be considered incidental to the contract. 5.Adequate control of dust shall be maintained by the contractor. Cost for dust control shall be considered incidental to the contract. ESTIMATED EROSION AND SEDIMENT CONTROL QUANTITIES ADDITIONAL SWPPP NOTES (continued) 6. Perimeter controls shall not be removed until final stabilization of areas draining toward the control devices. 7. When temperatures do not exceed 40 degrees F, areas that require seed and mulch stabilization shall be dormant seeded. Application rate shall be two times the normal rate. No dormant seeding shall be done on ice or snow greater than 2” in depth. 8. Any areas that were seeded that do not achieve 70% coverage shall be reseeded at the contractor's expense, where coverage limitation is caused by lack of seed germination and growth. MPCA STORMWATER PERMIT - RESPONSIBILITY The Contractor will be required to become the Permittee for the project, until final stabilization and transfer of responsibility is completed. Transfer of responsibility shall be completed with the Permit Modification Form. OWNER: Tom Wolter - Timbercrest, LLC - (952) 292-0046 PERMITTEE: TBD OPERATOR(S): TBD OTHER CONTACTS ENGINEER: Joel G. Cooper, P.E., - James R. Hill, Inc. - (952) 890-6044 (o) TRAINING REQUIREMENTS JOEL G. COOPER, P.E. DESIGN OF CONSTRUCTION SWPPP (CERTIFICATION(2017-2020)) UNIVERSITY OF MINNESOTA INSTRUCTOR: JOHN CHAPMAN LGU CONTACT: Brian Erickson, City Engineer/Public Works Director - City of Rosemount - (651) 322-2022 MPCA COMPLIANCE: Amy Riegel - MPCA - (651) 757-2446 The Contractor shall follow the implementation sequence as described on these plans. Amendments shall be made as site conditions change. Amendments shall be proposed by contractor and reviewed by the engineer. All BMP's selected and implemented shall be appropriate for the time of year, the current site conditions and for the estimated duration of use. These plans shall be considered part of the project SWPPP. A copy of the SWPPP shall remain on site throughout active construction. 1.1 Permit Coverage. [Minn. R. 7090] 1.2 This permit is required for construction activity that results in land disturbance of equal to or greater than one (1) acre or if a project is part of a common plan of development or sale that ultimately will disturb greater than one (1) acre, and authorizes, subject to the terms and conditions of this permit, the discharge of stormwater associated with construction activity. [Minn. R. 7090] 1.3 Construction activity covered by this permit cannot commence until coverage under this permit is effective as described in item 3.3 through 3.4 or, if applicable, until the Minnesota Pollution Control Agency (MPCA) has issued an individual National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) construction stormwater permit for the project. [Minn. R. 7090] 1.4 This permit covers all areas of the State of Minnesota except land wholly within the boundaries of a federally recognized Indian Reservation owned by a tribe or a tribal member or land held in trust by the federal government for a tribe or tribal member. [Minn. R. 7090] 1.5 Coverage under this permit is not required when all stormwater from construction activity is routed directly to and treated by a "treatment works," as defined in Minn. Stat. Sect. 115.01, subd. 21, operated under an individual NPDES/SDS permit with a Total Suspended Solids (TSS) effluent limit. [Minn. R. 7090] 1.6 This permit covers ongoing projects covered under any previous construction stormwater permit that are not complete on the issuance date of this permit. Permittees must either remain in compliance with the previous permit and terminate coverage within 18 months of the issuance date of this permit or comply with this permit, including updating the Stormwater Pollution Prevention Plan (SWPPP), within the 18- month period. Permittees of previously permitted projects are not required to incorporate any additional requirements regarding the permanent stormwater treatment system included in this reissued permit. [Minn. R. 7090] 1.7 Coverage for projects that extend beyond the expiration date of this permit remains effective for a grace period covering project completion and Notice of Termination (NOT) submittal. If Permittees cannot complete projects during the grace period, the MPCA will extend coverage under the next permit and permittees must comply with the requirements of the new permit including updating the SWPPP. Permittees are not required to follow changes to the permanent stormwater treatment section of the next permit. [Minn. R. 7090] 2.1 Prohibitions and Limitations of Coverage. [Minn. R. 7090] 2.2 The owner must develop a complete and accurate SWPPP that complies with item 5.2 prior to submitting the application for coverage and starting construction activity. Failure to prepare a SWPPP prior to submitting the application may result in permit revocation. [Minn. R. 7090] 2.3 This permit prohibits discharges of any material other than stormwater treated in compliance with this permit and discharges from dewatering or basin draining activities in accordance with Section 10. Prohibited discharges include, but are not limited to, wastewater from washout of concrete, stucco, paint, form release oils, curing compounds and other construction materials, fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance, soaps or solvents used in vehicle and equipment washing and maintenance, and other hazardous substances or wastes. [Minn. R. 7090] 2.4 This permit does not authorize stormwater discharges related to the placement of fill into waters of the state requiring local, state or federal authorizations (such as U.S. Army Corps of Engineers Section 404 permits, Minnesota Department of Natural Resources (DNR) Public Waters Work permits or local governmental unit (LGU) Wetland Conservation Act replacement plans or determinations). [Minn. R. 7090] 2.5 This permit does not authorize stormwater discharges associated with industrial activity except for construction activity. Permittees must obtain coverage for discharges associated with industrial activity under a separate NPDES/SDS permit once day-to-day operational activities commence even if construction is ongoing. [Minn. R. 7090] 2.6 This permit does not authorize discharges from non-point source agricultural and silvicultural activities excluded from NPDES permit requirements under 40 CFR pt. 122.3(e). [Minn. R. 7090] 2.7 This permit does not authorize stormwater discharges to Prohibited, Restricted, Special or Impaired waters unless permittees follow the additional stormwater requirements in Section 23. [Minn. R. 7090] 2.8 This permit does not replace or satisfy any environmental review requirements including those under the Minnesota Environmental Policy Act or the National Environmental Policy Act. The owner must verify completion of any environmental review required by law, including any required Environmental Assessment Work Sheets or Environmental Impact Statements, Federal environmental review, or other required review prior to applying for coverage under this permit. If any part of your common plan of development or sale requires environmental review, coverage under this permit cannot be obtained until such environmental review is complete. [Minn. R. 7090] 2.9 This permit does not replace or satisfy any review requirements for discharges adversely impacting State or Federally designated endangered or threatened species or a designated critical habitat. The owner must comply with the National Historic Preservation Act and conduct all required review and coordination related to historic preservation, including significant anthropological sites and any burial sites, with the Minnesota Historic Preservation Officer. [Minn. R. 7090] 2.10 This permit does not authorize discharges to wetlands unless the permittee complies with the requirements in Section 22. [Minn. R. 7090] 3.1 Application and Coverage Effective Date. [Minn. R. 7090] 3.2 The owner and operator must submit a complete and accurate on-line application with the appropriate fee to the MPCA for each project that disturbs one (1) or more acres of land or for a common plan of development or sale that will ultimately disturb one (1) or more acres. [Minn. R. 7090] 3.3 For projects or common plans of development or sale that disturb less than 50 acres or do not discharge stormwater within 1 mile (aerial radius measurement) of a special or impaired water, permittees do not need to submit the SWPPP with the application. Permit coverage for these projects is effective upon application and completing the payment process. [Minn. R. 7090] 3.4 For certain projects or common plans of development or sale disturbing 50 acres or more, the complete SWPPP must be included with the application and submitted at least 30 days before the start of construction activity. This applies if there is a discharge point on the project within one mile (aerial radius measurement) of, and flows to, a special water listed in item 23.3 through 23.6 or an impaired water as described in item 23.7. Permit coverage for these projects is effective upon submitting the application and complete SWPPP, completing the payment process and receiving a determination from the MPCA that the review of the SWPPP is complete. The determination may take longer than 30 days if the SWPPP is incomplete. If the MPCA fails to contact the permittees within 30 days of application receipt, coverage is effective 30 days after completing the payment process. [Minn. R. 7090] 3.5 The application requires listing all persons meeting the definition of owner and operator as permittees. The owner is responsible for compliance with all terms and conditions of this permit. The operator is responsible for compliance with Sections 3, 4, 6-22, 24 and applicable requirements for construction activity in Section 23. [Minn. R. 7090] 3.6 Permittees will receive coverage notification in a manner determined by the MPCA. [Minn. R. 7090] 3.7 For construction projects where the owner or operator changes (e.g., an original developer sells portions of the property to various homebuilders or sells the entire site to a new owner), the current owner and the new owner or operator must submit a complete permit modification form provided by the MPCA. The current owner and the new owner or operator must submit the form prior to the new owner or operator commencing construction activity or no later than 30 days after taking ownership of the property. [Minn. R. 7090] 3.8 For construction projects where the owner or operator changes, the current owner must provide a SWPPP to the new owner and operator that specifically addresses the remaining construction activity. The new owner or operator can implement the original SWPPP, modify the SWPPP, or develop a new SWPPP. Permittees must ensure their activities do not render another party's erosion prevention and sediment control BMPs ineffective. [Minn. R. 7090] 4.1 Termination of Coverage. [Minn. R. 7090] 4.2 Permittees must submit a NOT within 30 days after all termination conditions listed in Section 13 are complete. [Minn. R. 7090] 4.3 Permittees must submit a NOT within 30 days after selling or otherwise legally transferring the entire site, including permit responsibility for roads (e.g., street sweeping) and stormwater infrastructure final clean out, or transferring portions of a site to another party. The permittees' coverage under this permit terminates at midnight on the submission date of the NOT. [Minn. R. 7090] 4.4 Permittees may terminate permit coverage prior to completion of all construction activity if they meet all of the following conditions: a. construction activity has ceased for at least 90 days; and b. at least 90 percent (by area) of all originally proposed construction activity has been completed and permanent cover has been established on those areas; and c. on areas where construction activity is not complete, permanent cover has been established; and d. the site complies with item 13.3 through 13.7. After permit coverage is terminated under this item, any subsequent development on the remaining portions of the site will require permit coverage if the subsequent development itself or as part of the remaining common plan of development or sale will result in land disturbing activities of one (1) or more acres in size. [Minn. R. 7090] 4.5 Permittees may terminate coverage upon MPCA approval after submitting information documenting the owner cancelled the project. [Minn. R. 7090] 5.1 Stormwater Pollution Prevention Plan (SWPPP) Content. [Minn. R. 7090] 5.2 The owner must develop a SWPPP. The SWPPP must include items 5.3 through 5.26. [Minn. R. 7090] 5.3 The SWPPP must incorporate specific Best Management Practices (BMP) used to comply with the requirements of this permit. [Minn. R. 7090] 5.4 The SWPPP must include a narrative describing the timing for installation of all erosion prevention and sediment control BMPs and a description of the permanent stormwater treatment systems. [Minn. R. 7090] 5.5 The SWPPP must include the location and type of all temporary and permanent erosion prevention and sediment control BMPs along with procedures used to establish additional temporary BMPs as necessary for the site conditions during construction. Standard details and/or specifications for BMPs must be included in the final plans and specifications for the project. [Minn. R. 7090] 5.6 The SWPPP must include the calculations and other information used for the design of temporary sediment basins and any of the permanent stormwater treatment systems required in Section 15. [Minn. R. 7090] 5.7 The SWPPP must include estimated quantities anticipated at the start of the project for the life of the project for all erosion prevention and sediment control BMPs (e.g., linear feet of silt fence or square feet of erosion control blanket). [Minn. R. 7090] 5.8 The SWPPP must include the number of acres of impervious surface for both pre- and post-construction. [Minn. R. 7090] 5.9 The SWPPP must include a site map with existing and final grades, including drainage area boundaries, directions of flow and all discharge points where stormwater is leaving the site or entering a surface water. The site map must indicate the areas of steep slopes. The site map must also include impervious surfaces, soil types and locations of potential pollutant-generating activities as identified in Section 12. [Minn. R. 7090] 5.10 The SWPPP must include a map of all surface waters, existing wetlands, and stormwater ponds or basins that can be identified on maps such as United States Geological Survey 7.5 minute quadrangle maps, the National Wetland Inventory map or equivalent maps and are within one mile (aerial radius measurement) from the project boundaries that will receive stormwater from the construction site, during or after construction. The SWPPP must identify if the surface waters are special or impaired waters. [Minn. R. 7090] 5.11 The SWPPP must include a site map showing construction activity areas that are adjacent to and drain to Public Waters for which the DNR has promulgated "work in water restrictions" during specified fish spawning time frames. [Minn. R. 7090] 5.12 Permittees must identify locations of 50' buffer zones as required in item 9.17 and 100' permanent buffer zones as required in item 23.11, on plan sheets in the SWPPP. [Minn. R. 7090] 5.13 If permittees determine compliance with the following requirements is infeasible, they must document the determination in the SWPPP: a. temporary sediment basins as described in Section 14; and b. for linear projects, if the permanent stormwater treatment system cannot be constructed within the right-of-way, a reasonable attempt must be made to obtain additional right-of-way (item 15.9); and c. buffer zones as described in item 9.17 and item 23.11. [Minn. R. 7090] 5.14 If permittees determine that a temporary sediment basin is infeasible as described in item 14.10, the SWPPP must describe the alternative BMPs used. [Minn. R. 7090] 5.15 Where systems cannot meet the full volume reduction requirement on site, (e.g., the site has infiltration prohibitions, see item 16.14 through item 16.21) the permittee must document the reasons in the SWPPP. [Minn. R. 7090] 5.16 The SWPPP must include any stormwater mitigation measures proposed to be part of the final project in any environmental review document, endangered species review, archeological or other required local, state or federal review conducted for the project. For purposes of this permit, mitigation measures means actions necessary to avoid, minimize, or mitigate for impacts related to erosion prevention, sediment control, the permanent stormwater treatment system, pollution prevention management measures and discharges associated with the project's construction activity. [Minn. R. 7090] 5.17 The SWPPP must describe the methods used for permanent cover of all exposed soil areas. [Minn. R. 7090] 5.18 Permittees must identify the locations of areas where construction will be phased to minimize the duration of exposed soil areas in the SWPPP. [Minn. R. 7090] 5.19 For projects with a discharge point on the project within one (1) mile (aerial radius measurement) of and which flows to an impaired water, permittees must identify the impaired water(s), and any United States Environmental Protection Agency (USEPA)-approved Total Maximum Daily Load (TMDL) for the pollutant(s) or stressor(s) described in item 23.7. Permittees' identification must include those TMDLs approved at any time prior to permit application submittal and are still in effect. [Minn. R. 7090] 5.20 Permittees must document in the SWPPP, all trained individuals identified in item 21.2. Documentation must include: a. names of personnel required to be trained; and b. dates of training and name of instructor(s) and entity providing training; and c. content of training course. If permittees do not know the names of the individuals at the time of application, the permittees must ensure they document training before construction activity commences. [Minn. R. 7090] 5.21 The SWPPP must identify a person knowledgeable and experienced in the application of erosion prevention and sediment control BMPs who will coordinate with all contractors, subcontractors, and operators on-site to oversee the implementation of the SWPPP. [Minn. R. 7090] 5.22 The SWPPP must describe any specific chemicals and chemical treatment systems used for enhancing the sedimentation process and how it achieves compliance with item 9.18. [Minn. R. 7090] 5.23 The SWPPP must identify the person(s), organizations, or entities responsible for long-term operation and maintenance of permanent stormwater treatment systems. [Minn. R. 7090] 5.24 The SWPPP must describe methods to minimize soil compaction and preserve topsoil. Minimizing soil compaction is not required where the function of a specific area dictates compaction. [Minn. R. 7090] 5.25 The SWPPP must include any site assessments for groundwater or soil contamination required in item 16.15. [Minn. R. 7090] 5.26 The SWPPP must account for the following factors in designing temporary erosion prevention and sediment control BMPs: a. the expected amount, frequency, intensity, and duration of precipitation; and b. the nature of stormwater runoff and run-on at the site, including factors such as expected flow from impervious surfaces, slopes, and site drainage features; and c. the stormwater volume, velocity, and peak flowrates to minimize discharge of pollutants in stormwater and to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points; and d. the range of soil particle sizes expected to be present. [Minn. R. 7090] 6.1 SWPPP Amendments. [Minn. R. 7090] 6.2 One of the individuals described in item 21.2.a or item 21.2.b or another qualified individual must complete all SWPPP changes. Changes involving the use of a less stringent BMP must include a justification describing how the replacement BMP is effective for the site characteristics. [Minn. R. 7090] 6.3 Permittees must amend the SWPPP to include additional or modified BMPs as necessary to correct problems identified or address situations whenever there is a change in design, construction, operation, maintenance, weather or seasonal conditions having a significant effect on the discharge of pollutants to surface waters or groundwater. [Minn. R. 7090] 6.4 Permittees must amend the SWPPP to include additional or modified BMPs as necessary to correct problems identified or address situations whenever inspections or investigations by the site owner or operator, USEPA or MPCA officials indicate the SWPPP is not effective in eliminating or significantly minimizing the discharge of pollutants to surface waters or groundwater or the discharges are causing water quality standard exceedances (e.g., nuisance conditions as defined in Minn. R. 7050.0210, subp. 2) or the SWPPP is not consistent with the objectives of a USEPA approved TMDL. [Minn. R. 7050.0210] 7.1 BMP Selection and Installation. [Minn. R. 7090] 7.2 Permittees must select, install, and maintain the BMPs identified in the SWPPP and in this permit in an appropriate and functional manner and in accordance with relevant manufacturer specifications and accepted engineering practices. [Minn. R. 7090] 8.1 Erosion Prevention Practices. [Minn. R. 7090] 8.2 Before work begins, permittees must delineate the location of areas not to be disturbed. [Minn. R. 7090] 8.3 Permittees must minimize the need for disturbance of portions of the project with steep slopes. When steep slopes must be disturbed, permittees must use techniques such as phasing and stabilization practices designed for steep slopes (e.g., slope draining and terracing). [Minn. R. 7090] 8.4 Permittees must stabilize all exposed soil areas, including stockpiles. Stabilization must be initiated immediately to limit soil erosion when construction activity has permanently or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed no later than 14 calendar days after the construction activity has ceased. Stabilization is not required on constructed base components of roads, parking lots and similar surfaces. Stabilization is not required on temporary stockpiles without significant silt, clay or organic components (e.g., clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles) but permittees must provide sediment controls at the base of the stockpile. [Minn. R. 7090] 8.5 For Public Waters that the Minnesota DNR has promulgated "work in water restrictions" during specified fish spawning time frames, permittees must complete stabilization of all exposed soil areas within 200 feet of the water's edge, and that drain to these waters, within 24 hours during the restriction period. [Minn. R. 7090] 8.6 Permittees must stabilize the normal wetted perimeter of the last 200 linear feet of temporary or permanent drainage ditches or swales that drain water from the site within 24 hours after connecting to a surface water or property edge. Permittees must complete stabilization of remaining portions of temporary or permanent ditches or swales within 14 calendar days after connecting to a surface water or property edge and construction in that portion of the ditch temporarily or permanently ceases. [Minn. R. 7090] 8.7 Temporary or permanent ditches or swales being used as a sediment containment system during construction (with properly designed rock-ditch checks, bio rolls, silt dikes, etc.) do not need to be stabilized. Permittees must stabilize these areas within 24 hours after their use as a sediment containment system ceases. [Minn. R. 7090] 8.8 Permittees must not use mulch, hydromulch, tackifier, polyacrylamide or similar erosion prevention practices within any portion of the normal wetted perimeter of a temporary or permanent drainage ditch or swale section with a continuous slope of greater than 2 percent. [Minn. R. 7090] 8.9 Permittees must provide temporary or permanent energy dissipation at all pipe outlets within 24 hours after connection to a surface water or permanent stormwater treatment system. [Minn. R. 7090] 8.10 Permittees must not disturb more land (i.e., phasing) than can be effectively inspected and maintained in accordance with Section 11. [Minn. R. 7090] 9.1 Sediment Control Practices. [Minn. R. 7090] 9.2 Permittees must establish sediment control BMPs on all downgradient perimeters of the site and downgradient areas of the site that drain to any surface water, including curb and gutter systems. Permittees must locate sediment control practices upgradient of any buffer zones. Permittees must install sediment control practices before any upgradient land-disturbing activities begin and must keep the sediment control practices in place until they establish permanent cover. [Minn. R. 7090] 9.3 If downgradient sediment controls are overloaded, based on frequent failure or excessive maintenance requirements, permittees must install additional upgradient sediment control practices or redundant BMPs to eliminate the overloading and amend the SWPPP to identify these additional practices as required in item 6.3. [Minn. R. 7090] 9.4 Temporary or permanent drainage ditches and sediment basins designed as part of a sediment containment system (e.g., ditches with rock-check dams) require sediment control practices only as appropriate for site conditions. [Minn. R. 7090] 9.5 A floating silt curtain placed in the water is not a sediment control BMP to satisfy item 9.2 except when working on a shoreline or below the waterline. Immediately after the short term construction activity (e.g., installation of rip rap along the shoreline) in that area is complete, permittees must install an upland perimeter control practice if exposed soils still drain to a surface water. [Minn. R. 7090] 9.6 Permittees must re-install all sediment control practices adjusted or removed to accommodate short-term activities such as clearing or grubbing, or passage of vehicles, immediately after the short-term activity is completed. Permittees must re-install sediment control practices before the next precipitation event even if the short-term activity is not complete. [Minn. R. 7090] 9.7 Permittees must protect all storm drain inlets using appropriate BMPs during construction until they establish permanent cover on all areas with potential for discharging to the inlet. [Minn. R. 7090] 9.8 Permittees may remove inlet protection for a particular inlet if a specific safety concern (e.g. street flooding/freezing) is identified by the permittees or the jurisdictional authority (e.g., city/county/township/Minnesota Department of Transportation engineer). Permittees must document the need for removal in the SWPPP. [Minn. R. 7090] 9.9 Permittees must provide silt fence or other effective sediment controls at the base of stockpiles on the downgradient perimeter. [Minn. R. 7090] 9.10 Permittees must locate stockpiles outside of natural buffers or surface waters, including stormwater conveyances such as curb and gutter systems unless there is a bypass in place for the stormwater. [Minn. R. 7090] 9.11 Permittees must install a vehicle tracking BMP to minimize the track out of sediment from the construction site or onto paved roads within the site. [Minn. R. 7090] 9.12 Permittees must use street sweeping if vehicle tracking BMPs are not adequate to prevent sediment tracking onto the street. [Minn. R. 7090] 9.13 Permittees must install temporary sediment basins as required in Section 14. [Minn. R. 7090] 9.14 In any areas of the site where final vegetative stabilization will occur, permittees must restrict vehicle and equipment use to minimize soil compaction. [Minn. R. 7090] 9.15 Permittees must preserve topsoil on the site, unless infeasible. [Minn. R. 7090] 9.16 Permittees must direct discharges from BMPs to vegetated areas unless infeasible. [Minn. R. 7090] 9.17 Permittees must preserve a 50 foot natural buffer or, if a buffer is infeasible on the site, provide redundant (double) perimeter sediment controls when a surface water is located within 50 feet of the project's earth disturbances and stormwater flows to the surface water. Permittees must install perimeter sediment controls at least 5 feet apart unless limited by lack of available space. Natural buffers are not required adjacent to road ditches, judicial ditches, county ditches, stormwater conveyance channels, storm drain inlets, and sediment basins. If preserving the buffer is infeasible, permittees must document the reasons in the SWPPP. Sheet piling is a redundant perimeter control if installed in a manner that retains all stormwater. [Minn. R. 7090] 9.18 Permittees must use polymers, flocculants, or other sedimentation treatment chemicals in accordance with accepted engineering practices, dosing specifications and sediment removal design specifications provided by the manufacturer or supplier. The permittees must use conventional erosion and sediment controls prior to chemical addition and must direct treated stormwater to a sediment control system for filtration or settlement of the floc prior to discharge. [Minn. R. 7090] 10.1 Dewatering and Basin Draining. [Minn. R. 7090] 10.2 Permittees must discharge turbid or sediment-laden waters related to dewatering or basin draining (e.g., pumped discharges, trench/ditch cuts for drainage) to a temporary or permanent sediment basin on the project site unless infeasible. Permittees may dewater to surface waters if they visually check to ensure adequate treatment has been obtained and nuisance conditions (see Minn. R. 7050.0210, subp. 2) will not result from the discharge. If permittees cannot discharge the water to a sedimentation basin prior to entering a surface water, permittees must treat it with appropriate BMPs such that the discharge does not adversely affect the surface water or downstream properties. [Minn. R. 7050.0210] 10.3 If permittees must discharge water containing oil or grease, they must use an oil-water separator or suitable filtration device (e.g., cartridge filters, absorbents pads) prior to discharge. [Minn. R. 7090] 10.4 Permittees must discharge all water from dewatering or basin-draining activities in a manner that does not cause erosion or scour in the immediate vicinity of discharge points or inundation of wetlands in the immediate vicinity of discharge points that causes significant adverse impact to the wetland. [Minn. R. 7090] 10.5 If permittees use filters with backwash water, they must haul the backwash water away for disposal, return the backwash water to the beginning of the treatment process, or incorporate the backwash water into the site in a manner that does not cause erosion. [Minn. R. 7090] 11.1 Inspections and Maintenance. [Minn. R. 7090] 11.2 Permittees must ensure a trained person, as identified in item 21.2.b, will inspect the entire construction site at least once every seven (7) days during active construction and within 24 hours after a rainfall event greater than 1/2 inch in 24 hours. [Minn. R. 7090] 11.3 Permittees must inspect and maintain all permanent stormwater treatment BMPs. [Minn. R. 7090] 11.4 Permittees must inspect all erosion prevention and sediment control BMPs and Pollution Prevention Management Measures to ensure integrity and effectiveness. Permittees must repair, replace or supplement all nonfunctional BMPs with functional BMPs by the end of the next business day after discovery unless another time frame is specified in item 11.5 or 11.6. Permittees may take additional time if field conditions prevent access to the area. [Minn. R. 7090] 11.5 During each inspection, permittees must inspect surface waters, including drainage ditches and conveyance systems but not curb and gutter systems, for evidence of erosion and sediment deposition. Permittees must remove all deltas and sediment deposited in surface waters, including drainage ways, catch basins, and other drainage systems and restabilize the areas where sediment removal results in exposed soil. Permittees must complete removal and stabilization within seven (7) calendar days of discovery unless precluded by legal, regulatory, or physical access constraints. Permittees must use all reasonable efforts to obtain access. If precluded, removal and stabilization must take place within seven (7) days of obtaining access. Permittees are responsible for contacting all local, regional, state and federal authorities and receiving any applicable permits, prior to conducting any work in surface waters. [Minn. R. 7090] 11.6 Permittees must inspect construction site vehicle exit locations, streets and curb and gutter systems within and adjacent to the project for sedimentation from erosion or tracked sediment from vehicles. Permittees must remove sediment from all paved surfaces within one (1) calendar day of discovery or, if applicable, within a shorter time to avoid a safety hazard to users of public streets. [Minn. R. 7090] 11.7 Permittees must repair, replace or supplement all perimeter control devices when they become nonfunctional or the sediment reaches 1/2 of the height of the device. [Minn. R. 7090] 11.8 Permittees must drain temporary and permanent sedimentation basins and remove the sediment when the depth of sediment collected in the basin reaches 1/2 the storage volume. [Minn. R. 7090] 11.9 Permittees must ensure that at least one individual present on the site (or available to the project site in three (3) calendar days) is trained in the job duties described in item 21.2.b. [Minn. R. 7090] 11.10 Permittees may adjust the inspection schedule described in item 11.2 as follows: a. inspections of areas with permanent cover can be reduced to once per month, even if construction activity continues on other portions of the site; or b. where sites have permanent cover on all exposed soil and no construction activity is occurring anywhere on the site, inspections can be reduced to once per month and, after 12 months, may be suspended completely until construction activity resumes. The MPCA may require inspections to resume if conditions warrant; or c. where construction activity has been suspended due to frozen ground conditions, inspections may be suspended. Inspections must resume within 24 hours of runoff occurring, or upon resuming construction, whichever comes first. [Minn. R. 7090] 11.11 Permittees must record all inspections and maintenance activities within 24 hours of being conducted and these records must be retained with the SWPPP. These records must include: a. date and time of inspections; and b. name of persons conducting inspections; and c. accurate findings of inspections, including the specific location where corrective actions are needed; and d. corrective actions taken (including dates, times, and party completing maintenance activities); and e. date of all rainfall events greater than 1/2 inches in 24 hours, and the amount of rainfall for each event. Permittees must obtain rainfall amounts by either a properly maintained rain gauge installed onsite, a weather station that is within one (1) mile of your location, or a weather reporting system that provides site specific rainfall data from radar summaries; and f. if permittees observe a discharge during the inspection, they must record and should photograph and describe the location of the discharge (i.e., color, odor, settled or suspended solids, oil sheen, and other obvious indicators of pollutants); and g. any amendments to the SWPPP proposed as a result of the inspection must be documented as required in Section 6 within seven (7) calendar days. [Minn. R. 7090] 12.1 Pollution Prevention Management Measures. [Minn. R. 7090] 12.2 Permittees must place building products and landscape materials under cover (e.g., plastic sheeting or temporary roofs) or protect them by similarly effective means designed to minimize contact with stormwater. Permittees are not required to cover or protect products which are either not a source of contamination to stormwater or are designed to be exposed to stormwater. [Minn. R. 7090] 12.3 Permittees must place pesticides, fertilizers and treatment chemicals under cover (e.g., plastic sheeting or temporary roofs) or protect them by similarly effective means designed to minimize contact with stormwater. [Minn. R. 7090] 12.4 Permittees must store hazardous materials and toxic waste, (including oil, diesel fuel, gasoline, hydraulic fluids, paint solvents, petroleum-based products, wood preservatives, additives, curing compounds, and acids) in sealed containers to prevent spills, leaks or other discharge. Storage and disposal of hazardous waste materials must be in compliance with Minn. R. ch. 7045 including secondary containment as applicable. [Minn. R. 7090] 12.5 Permittees must properly store, collect and dispose solid waste in compliance with Minn. R. ch. 7035. [Minn. R. 7035] 12.6 Permittees must position portable toilets so they are secure and will not tip or be knocked over. Permittees must properly dispose sanitary waste in accordance with Minn. R. ch. 7041. [Minn. R. 7041] 12.7 Permittees must take reasonable steps to prevent the discharge of spilled or leaked chemicals, including fuel, from any area where chemicals or fuel will be loaded or unloaded including the use of drip pans or absorbents unless infeasible. Permittees must ensure adequate supplies are available at all times to clean up discharged materials and that an appropriate disposal method is available for recovered spilled materials. Permittees must report and clean up spills immediately as required by Minn. Stat. 115.061, using dry clean up measures where possible. [Minn. Stat. 115.061] 12.8 Permittees must limit vehicle exterior washing and equipment to a defined area of the site. Permittees must contain runoff from the washing area in a sediment basin or other similarly effective controls and must dispose waste from the washing activity properly. Permittees must properly use and store soaps, detergents, or solvents. [Minn. R. 7090] 12.9 Permittees must provide effective containment for all liquid and solid wastes generated by washout operations (e.g., concrete, stucco, paint, form release oils, curing compounds and other construction materials) related to the construction activity. Permittees must prevent liquid and solid washout wastes from contacting the ground and must design the containment so it does not result in runoff from the washout operations or areas. Permittees must properly dispose liquid and solid wastes in compliance with MPCA rules. Permittees must install a sign indicating the location of the washout facility. [Minn. R. 7035, Minn. R. 7090] 13.1 Permit Termination Conditions. [Minn. R. 7090] 13.2 Permittees must complete all construction activity and must install permanent cover over all areas prior to submitting the NOT. Vegetative cover must consist of a uniform perennial vegetation with a density of 70 percent of its expected final growth. Vegetation is not required where the function of a specific area dictates no vegetation, such as impervious surfaces or the base of a sand filter. [Minn. R. 7090] 13.3 Permittees must clean the permanent stormwater treatment system of any accumulated sediment and must ensure the system meets all applicable requirements in Section 15 through 19 and is operating as designed. [Minn. R. 7090] 13.4 Permittees must remove all sediment from conveyance systems prior to submitting the NOT. [Minn. R. 7090] 13.5 Permittees must remove all temporary synthetic erosion prevention and sediment control BMPs prior to submitting the NOT. Permittees may leave BMPs designed to decompose on-site in place. [Minn. R. 7090] 13.6 For residential construction only, permit coverage terminates on individual lots if the structures are finished and temporary erosion prevention and downgradient perimeter control is complete, the residence sells to the homeowner, and the permittee distributes the MPCA's "Homeowner Fact Sheet" to the homeowner. [Minn. R. 7090] 13.7 For construction projects on agricultural land (e.g., pipelines across cropland), permittees must return the disturbed land to its preconstruction agricultural use prior to submitting the NOT. [Minn. R. 7090] 14.1 Temporary Sediment Basins. [Minn. R. 7090] 14.2 Where ten (10) or more acres of disturbed soil drain to a common location, permittees must provide a temporary sediment basin to provide treatment of the runoff before it leaves the construction site or enters surface waters. Permittees may convert a temporary sediment basin to a permanent basin after construction is complete. The temporary basin is no longer required when permanent cover has reduced the acreage of disturbed soil to less than ten (10) acres draining to a common location. [Minn. R. 7090] 14.3 The temporary basin must provide live storage for a calculated volume of runoff from a two (2)-year, 24- hour storm from each acre drained to the basin or 1,800 cubic feet of live storage per acre drained, whichever is greater. [Minn. R. 7090] 14.4 Where permittees have not calculated the two (2)-year, 24-hour storm runoff amount, the temporary basin must provide 3,600 cubic feet of live storage per acre of the basins' drainage area. [Minn. R. 7090] 14.5 Permittees must design basin outlets to prevent short-circuiting and the discharge of floating debris. [Minn. R. 7090] 14.6 Permittees must design the outlet structure to withdraw water from the surface to minimize the discharge of pollutants. Permittees may temporarily suspend the use of a surface withdrawal mechanism during frozen conditions. The basin must include a stabilized emergency overflow to prevent failure of pond integrity. [Minn. R. 7090] 14.7 Permittees must provide energy dissipation for the basin outlet within 24 hours after connection to a surface water. [Minn. R. 7090] 14.8 Permittees must locate temporary basins outside of surface waters and any buffer zone required in item 23.11. [Minn. R. 7090] 14.9 Permittees must construct the temporary basins prior to disturbing 10 or more acres of soil draining to a common location. [Minn. R. 7090] 14.10 Where a temporary sediment basin meeting the requirements of item 14.3 through 14.9 is infeasible, permittees must install effective sediment controls such as smaller sediment basins and/or sediment traps, silt fences, vegetative buffer strips or any appropriate combination of measures as dictated by individual site conditions. In determining whether installing a sediment basin is infeasible, permittees must consider public safety and may consider factors such as site soils, slope, and available area on-site. Permittees must document this determination of infeasibility in the SWPPP. [Minn. R. 7090] 15.1 Permanent Stormwater Treatment System. [Minn. R. 7090] 15.2 Permittees must design the project so all stormwater discharged from the project during and after construction activities does not cause a violation of state water quality standards, including nuisance conditions, erosion in receiving channels or on downslope properties, or a significant adverse impact to wetlands caused by inundation or decrease of flow. [Minn. R. 7090] 15.3 Permittees must design and construct a permanent stormwater treatment system to treat the water quality volume if the project's ultimate development replaces vegetation and/or other pervious surfaces creating a net increase of one (1) or more acres of cumulative impervious surface. [Minn. R. 7090] 15.4 Permittees must calculate the water quality volume as one (1) inch times the net increase of impervious surfaces created by the project. [Minn. R. 7090] 15.5 Permittees must first consider volume reduction practices on-site (e.g., infiltration or other) when designing the permanent stormwater treatment system. If this permit prohibits infiltration as described in item 16.14 through item 16.21, permittees may consider a wet sedimentation basin, filtration basin or regional pond. This permit does not consider wet sedimentation basins and filtration systems to be volume reduction practices. [Minn. R. 7090] 15.6 For projects where the full volume reduction requirement cannot be met on-site, (e.g., the site has infiltration prohibitions), permittees must document the reasons in the SWPPP. [Minn. R. 7090] 15.7 Permittees must discharge the water quality volume to a permanent stormwater treatment system prior to discharge to a surface water. For purposes of this item, surface waters do not include man-made drainage systems that convey stormwater to a permanent stormwater treatment system. [Minn. R. 7090] 15.8 Where the proximity to bedrock precludes the installation of any of the permanent stormwater treatment practices required by Sections 15 through 19, permittees must install other treatment such as grassed swales, smaller ponds, or grit chambers, prior to the discharge of stormwater to surface waters. [Minn. R. 7090] 15.9 For linear projects where permittees cannot treat the entire water quality volume within the existing rightof-way, permittees must make a reasonable attempt to obtain additional right-of-way, easement or other permission for stormwater treatment during the project planning process. Documentation of these attempts must be in the SWPPP. Permittees must still consider volume reduction practices first as described in item 15.5. If permittees cannot obtain additional right-of-way, easement or other permission, they must maximize the treatment of the water quality volume prior to discharge to surface waters. [Minn. R. 7090] 16.1 Infiltration Systems. [Minn. R. 7090] 16.2 Infiltration options include, but are not limited to: infiltration basins, infiltration trenches, rainwater gardens, bioretention areas without underdrains, swales with impermeable check dams, and natural depressions. If permittees utilize an infiltration system to meet the requirements of this permit, they must incorporate the design parameters in item 16.3 through item 16.21. Permittees must follow the infiltration prohibition in item 16.14 anytime an infiltration system is designed, including those not required by this permit. [Minn. R. 7090] 16.3 Permittees must design infiltration systems such that pre-existing hydrologic conditions of wetlands in the vicinity are not impacted (e.g., inundation or breaching a perched water table supporting a wetland). [Minn. R. 7090] 16.4 Permittees must not excavate infiltration systems to final grade, or within three (3) feet of final grade, until the contributing drainage area has been constructed and fully stabilized unless they provide rigorous erosion prevention and sediment controls (e.g., diversion berms) to keep sediment and runoff completely away from the infiltration area. [Minn. R. 7090] 16.5 When excavating an infiltration system to within three (3) feet of final grade, permittees must stake off and mark the area so heavy construction vehicles or equipment do not compact the soil in the infiltration area. [Minn. R. 7090] 16.6 Permittees must use a pretreatment device such as a vegetated filter strip, forebay, or water quality inlet (e.g., grit chamber) to remove solids, floating materials, and oil and grease from the runoff, to the maximum extent practicable, before the system routes stormwater to the infiltration system. [Minn. R. 7090] 16.7 Permittees must design infiltration systems to provide a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the net increase of impervious surfaces created by the project. [Minn. R. 7090] 16.8 Permittees must design the infiltration system to discharge all stormwater (including stormwater in excess of the water quality volume) routed to the system through the uppermost soil surface or engineered media surface within 48 hours. Permittees must route additional flows that cannot infiltrate within 48 hours to bypass the system through a stabilized discharge point. [Minn. R. 7090] 16.9 Permittees must provide a means to visually verify the infiltration system is discharging through the soil surface or filter media surface within 48 hours or less. [Minn. R. 7090] 16.10 Permittees must provide at least one soil boring, test pit or infiltrometer test in the location of the infiltration practice for determining infiltration rates. [Minn. R. 7090] 16.11 For design purposes, permittees must divide field measured infiltration rates by 2 as a safety factor or permittees can use soil-boring results with the infiltration rate chart in the Minnesota Stormwater Manual to determine design infiltration rates. When soil borings indicate type A soils, permittees should perform field measurements to verify the rate is not above 8.3 inches per hour. This permit prohibits infiltration if the field measured infiltration rate is above 8.3 inches per hour. [Minn. R. 7090] 16.12 Permittees must employ appropriate on-site testing ensure a minimum of three (3) feet of separation from the seasonally saturated soils (or from bedrock) and the bottom of the proposed infiltration system. [Minn. R. 7090] 16.13 Permittees must design a maintenance access, typically eight (8) feet wide, for the infiltration system. [Minn. R. 7090] 16.14 This permit prohibits permittees from constructing infiltration systems that receive runoff from vehicle fueling and maintenance areas including construction of infiltration systems not required by this permit. [Minn. R. 7090] 16.15 This permit prohibits permittees from constructing infiltration systems where infiltrating stormwater may mobilize high levels of contaminants in soil or groundwater. Permittees must either complete the MPCA's contamination screening checklist or conduct their own assessment to determine the suitability for infiltration. Permittees must retain the checklist or assessment with the SWPPP. For more information and to access the MPCA's "contamination screening checklist" see the Minnesota Stormwater Manual. [Minn. R. 7090] 16.16 This permit prohibits permittees from constructing infiltration systems in areas where soil infiltration rates are field measured at more than 8.3 inches per hour unless they amend soils to slow the infiltration rate below 8.3 inches per hour. [Minn. R. 7090] 16.17 This permit prohibits permittees from constructing infiltration systems in areas with less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. [Minn. R. 7090] 16.18 This permit prohibits permittees from constructing infiltration systems in areas of predominately Hydrologic Soil Group type D soils (clay). [Minn. R. 7090] 16.19 This permit prohibits permittees from constructing infiltration systems within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13, if the system will be located: a. in an Emergency Response Area (ERA) within a DWSMA classified as having high or very high vulnerability as defined by the Minnesota Department of Health; or b. in an ERA within a DWSMA classified as moderate vulnerability unless a regulated MS4 Permittee performed or approved a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater; or c. outside of an ERA within a DWSMA classified as having high or very high vulnerability, unless a regulated MS4 Permittee performed or approved a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. See "higher level of engineering review" in the Minnesota Stormwater Manual for more information. [Minn. R. 7090] 16.20 This permit prohibits permittees from constructing infiltration systems in areas within 1,000 feet upgradient or 100 feet downgradient of active karst features. [Minn. R. 7090] 16.21 This permit prohibits permittees from constructing infiltration systems in areas that receive runoff from the following industrial facilities not authorized to infiltrate stormwater under the NPDES stormwater permit for industrial activities: automobile salvage yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing activities. [Minn. R. 7090] 17.1 Filtration Systems. [Minn. R. 7090] 17.2 Filtration options include, but are not limited to: sand filters with underdrains, biofiltration areas, swales using underdrains with impermeable check dams and underground sand filters. If permittees utilize a filtration system to meet the permanent stormwater treatment requirements of this permit, they must comply with items 17.3 through 17.11. [Minn. R. 7090] 17.3 Permittees must not install filter media until they construct and fully stabilize the contributing drainage area unless they provide rigorous erosion prevention and sediment controls (e.g., diversion berms) to keep sediment and runoff completely away from the filtration area. [Minn. R. 7090] 17.4 Permittees must design filtration systems to remove at least 80 percent of TSS. [Minn. R. 7090] 17.5 Permittees must use a pretreatment device such as a vegetated filter strip, small sedimentation basin, water quality inlet, forebay or hydrodynamic separator to remove settleable solids, floating materials, and oils and grease from the runoff, to the maximum extent practicable, before runoff enters the filtration system. [Minn. R. 7090] 17.6 Permittees must design filtration systems to treat a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the net increase of impervious surfaces created by the project. [Minn. R. 7090] 17.7 Permittees must design the filtration system to discharge all stormwater (including stormwater in excess of the water quality volume) routed to the system through the uppermost soil surface or engineered media surface within 48 hours. Additional flows that the system cannot filter within 48 hours must bypass the system or discharge through an emergency overflow. [Minn. R. 7090] 17.8 Permittees must design the filtration system to provide a means to visually verify the system is discharging through the soil surface or filter media within 48 hours. [Minn. R. 7090] 17.9 Permittees must employ appropriate on-site testing to ensure a minimum of three (3) feet of separation between the seasonally saturated soils (or from bedrock) and the bottom of the proposed filtration system. [Minn. R. 7090] 17.10 Permittees must ensure that filtration systems with less than three (3) feet of separation between seasonally saturated soils or from bedrock are constructed with an impermeable liner. [Minn. R. 7090] 17.11 The permittees must design a maintenance access, typically eight (8) feet wide, for the filtration system. [Minn. R. 7090] 18.1 Wet Sedimentation Basin. [Minn. R. 7090] 18.2 Permittees using a wet sedimentation basin to meet the permanent stormwater treatment requirements of this permit must incorporate the design parameters in item 18.3 through 18.10. [Minn. R. 7090] 18.3 Permittees must design the basin to have a permanent volume of 1,800 cubic feet of storage below the outlet pipe for each acre that drains to the basin. The basin's permanent volume must reach a minimum depth of at least three (3) feet and must have no depth greater than 10 feet. Permittees must configure the basin to minimize scour or resuspension of solids. [Minn. R. 7090] 18.4 Permittees must design the basin to provide live storage for a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the net increase in impervious surfaces created by the project. [Minn.R. 7090] 18.5 Permittees must design basin outlets so the water quality volume discharges at no more than 5.66 cubic feet per second (cfs) per acre of surface area of the basin. [Minn. R. 7090] 18.6 Permittees must design basin outlets to prevent short-circuiting and the discharge of floating debris. Basin outlets must have energy dissipation. [Minn. R. 7090] 18.7 Permittees must design the basin to include a stabilized emergency overflow to accommodate storm events in excess of the basin's hydraulic design. [Minn. R. 7090] 18.8 Permittees must design a maintenance access, typically eight (8) feet wide, for the basin. [Minn. R. 7090] 18.9 Permittees must locate basins outside of surface waters and any buffer zone required in item 23.11. Permittees must design basins to avoid draining water from wetlands unless the impact to the wetland complies with the requirements of Section 22. [Minn. R. 7090] 18.10 Permittees must design basins using an impermeable liner if located within active karst terrain. [Minn. R.7090] 19.1 Regional Wet Sedimentation Basins. [Minn. R. 7090] 19.2 When the entire water quality volume cannot be retained onsite, permittees can use or create regional wet sedimentation basins provided they are constructed basins, not a natural wetland or water body, (wetlands used as regional basins must be mitigated for, see Section 22). The owner must ensure the regional basin conforms to all requirements for a wet sedimentation basin as described in items 18.3 through 18.10 and must be large enough to account for the entire area that drains to the regional basin. Permittees must verify that the regional basin will discharge at no more than 5.66 cfs per acre of surface area of the basin and must provide a live storage volume of one inch times all the impervious area draining to the basin. Permittees cannot significantly degrade waterways between the project and the regional basin. The owner must obtain written authorization from the applicable LGU or private entity that owns and maintains the regional basin. [Minn. R. 7090] 20.1 SWPPP Availability. [Minn. R. 7090] 20.2 Permittees must keep the SWPPP, including all changes to it, and inspections and maintenance records at the site during normal working hours by permittees who have operational control of that portion of the site. [Minn. R. 7090] 21.1 Training Requirements. [Minn. R. 7090] 21.2 Permittees must ensure all of the following individuals receive training and the content and extent of the training is commensurate with the individual's job duties and responsibilities with regard to activities covered under this permit: a. Individuals preparing the SWPPP for the project. b. Individuals overseeing implementation of, revising and/or amending the SWPPP and individuals performing inspections for the project. One of these individuals must be available for an onsite inspection within 72 hours upon request by the MPCA. c. Individuals performing or supervising the installation, maintenance and repair of BMPs. [Minn. R. 7090] 21.3 Permittees must ensure individuals identified in Section 21 receive training from local, state, federal agencies, professional organizations, or other entities with expertise in erosion prevention, sediment control, permanent stormwater treatment and the Minnesota NPDES/SDS Construction Stormwater permit. Permittees must ensure these individuals attend a refresher-training course every three (3) years.[Minn. R. 7090] 22.1 Requirements for Discharges to Wetlands. [Minn. R. 7050.0186] 22.2 If the project has any discharges with the potential for significant adverse impacts to a wetland, (e.g., conversion of a natural wetland to a stormwater pond) permittees must demonstrate that the wetland mitigative sequence has been followed in accordance with items 22.3 or 22.4. [Minn. R. 7050.0186] 22.3 If the potential adverse impacts to a wetland on a specific project site are addressed by permits or other approvals from an official statewide program (U.S. Army Corps of Engineers 404 program, Minnesota Department of Natural Resources, or the State of Minnesota Wetland Conservation Act) that are issued specifically for the project and project site, permittees may use the permit or other determination issued by these agencies to show the potential adverse impacts are addressed. For purposes of this permit, deminimus actions are determinations by the permitting agency that address the project impacts, whereas a non-jurisdictional determination does not address project impacts. [Minn. R. 7090] 22.4 If there are impacts from the project not addressed in one of the permits or other determinations discussed in item 22.3 (e.g., permanent inundation or flooding of the wetland, significant degradation of water quality, excavation, filling, draining), permittees must minimize all adverse impacts to wetlands by utilizing appropriate measures. Permittees must use measures based on the nature of the wetland, its vegetative community types and the established hydrology. These measures include in order of preference: a. avoid all significant adverse impacts to wetlands from the project and post-project discharge; b. minimize any unavoidable impacts from the project and post-project discharge; c. provide compensatory mitigation when the permittees determine(s) that there is no reasonable and practicable alternative to having a significant adverse impact on a wetland. For compensatory mitigation, wetland restoration or creation must be of the same type, size and whenever reasonable and practicable in the same watershed as the impacted wetland. [Minn. R. 7050.0186] 23.1 Additional Requirements for Discharges to Special (Prohibited, Restricted, Other) and Impaired Waters. [Minn. R. 7090] 23.2 The BMPs identified for each special or impaired water are required for those areas of the project draining to a discharge point on the project that is within one mile (aerial radius measurement) of special or impaired water and flows to that special or impaired water. [Minn. R. 7090] 23.3 Discharges to the following special waters identified as Prohibited in Minn. R. 7050.0035 Subp. 3 must incorporate the BMPs outlined in items 23.9, 23.10, 23.11, 23.13 and 23.14: a. Boundary Waters Canoe Area Wilderness; Voyageurs National Park; Kettle River from the site of the former dam at Sandstone to its confluence with the Saint Croix River; Rum River from Ogechie Lake spillway to the northernmost confluence with Lake Onamia. b. Those portions of Lake Superior North of latitude 47 degrees, 57 minutes, 13 seconds, East of Hat Point, South of the Minnesota-Ontario boundary, and West of the Minnesota-Michigan boundary; c. Scientific and Natural Areas identified as in Minn. R. 7050.0335 Subp. 3: Boot Lake, Anoka County; Kettle River in sections 15, 22, 23, T 41 N, R 20, Pine County; Pennington Bog, Beltrami County; Purvis Lake-Ober Foundation, Saint Louis County; waters within the borders of Itasca Wilderness Sanctuary, Clearwater County; Wolsfeld Woods, Hennepin County; Green Water Lake, Becker County; Blackdog Preserve, Dakota County; Prairie Bush Clover, Jackson County; Black Lake Bog, Pine County; Pembina Trail Preserve, Polk County; and Falls Creek, Washington County. [Minn. R. 7050.0335, Subp. 3] 23.4 Discharges to the following special waters identified as Restricted must incorporate the BMPs outlined in items 23.9, 23.10 and 23.11: a. Lake Superior, except those portions identified as prohibited in item 23.3.b; b. Mississippi River in those portions from Lake Itasca to the southerly boundary of Morrison County that are included in the Mississippi Headwaters Board comprehensive plan dated February 12, 1981; c. Scenic or Recreational River Segments: Saint Croix River, entire length; Cannon River from northern city limits of Faribault to its confluence with the Mississippi River; North Fork of the Crow River from Lake Koronis outlet to the Meeker-Wright county line; Kettle River from north Pine County line to the site of the former dam at Sandstone; Minnesota River from Lac que Parle dam to Redwood County State Aid Highway 11; Mississippi River from County State Aid Highway 7 bridge in Saint Cloud to northwestern city limits of Anoka; and Rum River from State Highway 27 bridge in Onamia to Madison and Rice streets in Anoka; d. Lake Trout Lakes identified in Minn. R. 7050.0335 including lake trout lakes inside the boundaries of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park; e. Calcareous Fens listed in Minn. R. 7050.0335, Subp. 1. [Minn. R. 7050.0335, Subp. 1] 23.5 Discharges to the Trout Lakes (other special water) identified in Minn. R. 6264.0050, subp. 2 must incorporate the BMPs outlined in items 23.9, 23.10 and 23.11. [Minn. R. 6264.0050, Subp. 2] 23.6 Discharges to the Trout Streams (other special water) listed in Minn. R. 6264.0050, subp. 4 must incorporate the BMPs outlined in items 23.9, 23.10, 23.11 and 23.12. [Minn. R. 6264.0050, Subp. 4] 23.7 Discharges to impaired waters or a water with an USEPA approved TMDL for any of the impairments listed in this item must incorporate the BMPs outlined in items 23.9 and 23.10. Impaired waters are waters identified as impaired under section 303 (d) of the federal Clean Water Act for phosphorus (nutrient eutrophication biological indicators), turbidity, TSS, dissolved oxygen or aquatic biota (fish bioassessment, aquatic plant bioassessment and aquatic macroinvertebrate bioassessment). Terms used for the pollutants or stressors in this item are subject to change. The MPCA will list terminology changes on its construction stormwater website. [Minn. R. 7090] 23.8 Where the additional BMPs in this Section conflict with requirements elsewhere in this permit, items 23.9 through 23.14 take precedence. [Minn. R. 7090] 23.9 Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and complete the stabilization within seven (7) calendar days after the construction activity in that portion of the site temporarily or permanently ceases. [Minn. R. 7090] 23.10 Permittees must provide a temporary sediment basin as described in Section 14 for common drainage locations that serve an area with five (5) or more acres disturbed at one time. [Minn. R. 7090] 23.11 Permittees must include an undisturbed buffer zone of not less than 100 linear feet from a special water (not including tributaries) and must maintain this buffer zone at all times, both during construction and as a permanent feature post construction, except where a water crossing or other encroachment is necessary to complete the project. Permittees must fully document the circumstance and reasons the buffer encroachment is necessary in the SWPPP and include restoration activities. This permit allows replacement of existing impervious surface within the buffer. Permittees must minimize all potential water quality, scenic and other environmental impacts of these exceptions by the use of additional or redundant (double) BMPs and must document this in the SWPPP for the project. [Minn. R. 7090] 23.12 Permittees must design the permanent stormwater treatment system so the discharge from the project minimizes any increase in the temperature of trout streams resulting from the one (1) and two (2) year 24- hour precipitation events. This includes all tributaries of designated trout streams located within the same Public Land Survey System (PLSS) Section. Permittees must incorporate one or more of the following measures, in order of preference: a. Provide stormwater infiltration or other volume reduction practices as described in item 15.4 and 15.5, to reduce runoff. Infiltration systems must discharge all stormwater routed to the system within 24 hours. b. Provide stormwater filtration as described in Section 17. Filtration systems must discharge all stormwater routed to the system within 24 hours. c. Minimize the discharge from connected impervious surfaces by discharging to vegetated areas, or grass swales, and through the use of other non-structural controls. d. If ponding is used, the design must include an appropriate combination of measures such as shading, vegetated swale discharges or constructed wetland treatment cells that limit temperature increases. The pond must be designed as a dry pond and should draw down in 24 hours or less. e. Other methods that minimize any increase in the temperature of the trout stream. [Minn. R. 7090] 23.13 Permittees must conduct routine site inspections once every three (3) days as described in item 11.2 for projects that discharge to prohibited waters. [Minn. R. 7090] 23.14 If discharges to prohibited waters cannot provide volume reduction equal to one (1) inch times the net increase of impervious surfaces as required in item 15.4 and 15.5, permittees must develop a permanent stormwater treatment system design that will result in no net increase of TSS or phosphorus to the prohibited water. Permittees must keep the plan in the SWPPP for the project. [Minn. R. 7090] 24.1 General Provisions. [Minn. R. 7090] 24.2 If the MPCA determines that an individual permit would more appropriately regulate the construction activity, the MPCA may require an individual permit to continue the construction activity. Coverage under this general permit will remain in effect until the MPCA issues an individual permit. [Minn. R. 7001.0210,Subp. 6] 24.3 If the permittee cannot meet the terms and conditions of this general permit, an owner may request an individual permit, in accordance with Minn. R. 7001.0210 subp. 6. [Minn. R. 7001.0210, Subp. 6] 24.4 Any interested person may petition the MPCA to require an individual NPDES/SDS permit in accordance with 40 CFR 122.28(b)(3). [40 CFR 122.29(b)(3)] 24.5 Permittees must make the SWPPP, including all inspection reports, maintenance records, training records and other information required by this permit, available to federal, state, and local officials within three (3) days upon request for the duration of the permit and for three (3) years following the NOT. [Minn. R.7090] 24.6 Permittees may not assign or transfer this permit except when the transfer occurs in accordance with the applicable requirements of item 3.7 and 3.8. [Minn. R. 7090] 24.7 Nothing in this permit must be construed to relieve the permittees from civil or criminal penalties for noncompliance with the terms and conditions provided herein. Nothing in this permit must be construed to preclude the initiation of any legal action or relieve the permittees from any responsibilities, liabilities, or penalties to which the permittees is/are or may be subject to under Section 311 of the Clean Water Act and Minn. Stat. Sect. 115 and 116, as amended. Permittees are not liable for permit requirements for activities occurring on those portions of a site where the permit has been transferred to another party as required in item 3.7 or the permittees have submitted the NOT as required in Section 4. [Minn. R. 7090] 24.8 The provisions of this permit are severable. If any provision of this permit or the application of any provision of this permit to any circumstances is held invalid, the application of such provision to other circumstances, and the remainder of this permit must not be affected thereby. [Minn. R. 7090] 24.9 The permittees must comply with the provisions of Minn. R. 7001.0150, subp. 3 and Minn. R. 7001.1090, subp. 1(A), 1(B), 1(C), 1(H), 1(I), 1(J), 1(K), and 1(L). [Minn. R. 7090] 24.10 The permittees must allow access as provided in 40 CFR 122.41(i) and Minn. Stat. Sect. 115.04. The permittees must allow representatives of the MPCA or any member, employee or agent thereof, when authorized by it, upon presentation of credentials, to enter upon any property, public or private, for the purpose of obtaining information or examination of records or conducting surveys or investigations. [40 CFR 122.41(i)] 24.11 For the purposes of Minn. R. 7090 and other documents that reference specific sections of this permit, "Stormwater Discharge Design Requirements" corresponds to Sections 5, 6 and 14 through 21; "Construction Activity Requirements" corresponds to Sections 7 through 13; and "Appendix A" corresponds to Sections 22 and 23. [Minn. R. 7090] G RWO MMIIIIMMUMM n u g e arr. r , It I Illi.._.,I - 1 I. II/ la— ,./ INI1lw ZC v ffi3 R ie bq 1 I 11147 111111111 11 1 I v411 hoie 0 , f Aq,74 . ofp % Iir' o tr i C 4 14 yr 1 4 S• 00 s a s5. V ith .. 1k v if 45. 2 ti' i 11L` x 1 4 r 11 Oi 9431 y ii Ij q IP r 4, Nij im p lim m P CA) 4 n a so IN N I a f I' I l i j N if g T E r mil S,>.. 9 u" X q tr t t n w i ate i \ ip i l A 1 1Sr i. wi` i; r_' Z ice. wr Y. Y.."'.' RA ier . aw r e zz 1' t 7, 7,„.......6.-.. t111 4 6 a h. 1 0 t i it7.) 4. e tidT4' a`! 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ED I y ` y o E c E' 00 0 6'i a9Eg C3 CtRADP L gom°a'7SgBR1CKv@.R I L° E m m _ o y9 a« CONC9 CONCS vrwcnzm I 12 I I I I pi«m_oI13IZIII m a •,y .«- o I I I I I c mo u p p C09JJLeao3'u-"ooL --- ----------- — --- ----- ----------------------------------'i i i i SIDE ELEVATION e`° oE1 —L SCALE:1/4"=1'-0'vomc)aaHu FRONT ELEVATION m z''c` ;oa o>m4SCALE: tl4' =1'-0"E RI O O G 0 GRID M' UNIT N' UNIT y W 12 ssa a sa- a-U a.wi. Faec:w 10 i 10i B°VQ1YL i . VPIYL ll 1 _i-_m ruxrr sm roruwir i mNYLfi44CiA 9' VQi11 iRM BPoCK ROLLLOCK CC// BOLDR V0 % 9/ EY CUITERB V x 8/0 EY 0 _" 0 O L- vm x si ev -'"r v x s0 Ev 0 4 BUILDING KEY PLAN eraac r=_ : scaF:vte'=t-o• O U , BRIClc R7aLatK BRIdC 80LD van¢cru mmeurrn aoFi+r.X V0 X 3/4 CAR BD. V0 9l4 EV mnmao bX6 AR qR sraaren X vam.am 6-17-15 I ._: _i I 7-7-15 I I I I I 1 J I L J I_i Z--I— ------------- --- — r — Z— -- --------- --Z REAR ELEVATION SCALE: 1/4' =1'-0' A2 1 z 3 4 5 Building code information 20121RCwfth2015MNResidenUalCode INDEX OF SHEETS Occupancy Classifications (Section 370 and 312)N0. DESCRIPTION urar.Y•wi•p•um utti.•M.Dwelling Units IRG3 A1 BUILDINGELEVATIONS• IND • CODEINFORMATION i Private Garages A2 ENLARGED ELEVATIONS• BUILDING IY PLAN 3 Required Occupancy Separations (Table 508.3.3) One Hout BUILDING FOUNDA110N PLAN Q I I E I I Between R-2 and U ppp/W Type of Construction (Table 503)p6 M' UNIT LOWER LEVEL ROOR PUWS A7 M' UNIT FLOOR PLANS• 'M' UNIT INTERIOR ELEVATIONS s ' ` A7.1 M' UNIT PLAN OPTIONS A8 M' UNIT SECTIONS A9 M UNR LOWER LE1/EL FLOOR PLANS A10 Tl' UNIT FLOOR PUWS• 'M UNIT INTERIOR ELEVATIONS p A10.1 M UNIT PLAN OPTIONS N A71 N' UNIT SECTIONS o A72 DETAILS o g A13 DETAILS c " S7-SS STRUCTURAL Z m m BUILDING CODE INFORMATION IRC 2012 N O I i DO OCCUPANCYCLASSIFICATION IRG3 TOWNHOUSE y p m rnOaiTYPEOFCONSTRUCT70NV-B m `ACTUALBUILDINGAREA 6,719SQFT Fire Sprinkler? Yes Fire Sprinkler to be perNFPA13Dsprinklercode ROOFINGCLASSIFICATION CLASS'C o ` "F-afn odm I I Required Roofing Classification(Table 7505.7)Class'C'ACTUALROOFINGCLASSIFICATION CLASS'B' L _ _ _ _ _ _ _ _ _ _ _ _ 1 I L _ _ _ _1 REQUIRED SOUND TRANSMISSION CLASS STC 50STC(MIN)451FTESTED amo`;aActualRoofingClassificationC'A REQUIREDIMPACTINSULATIONCLASS(IIC) 501IC(MIN)451FTESTED osmm=o. Provided Sound Transmission Class (STC)50 STC (Min) 45 if Tested m;5 aJ9DWELLINGSEPARATIONWALLFIRERATINGONEHOUREACHPE, mFRONTELEVATIONProvidedImpactInsulationClass (IIC)50 IIC (Min) 45 ff Tested ERIOR WALL FIRE RATING 0 s= „ A SCALE: 7/8'=1'0'Exterior Wall Fire Rating (Table 601)0 E Dwelling Separation Wall Fire Rating (Section 708.3) OneHout No;EqoE.'nTwoHourProvided9 =;- xEEo o .de.= m ."y E 5 4 3 2 o;o_C B A oYrmt€om — m uwi-m-wr -M vn wi r urr r nvn Z m o m= `s abooa°- mLO2 mo a.°.uuoE^ I CH SIDE OF IiR10LUIE I I I C9 ° i w m 3o.anu O O O O 0 O O O O O O O O mn o°niaE > t--- r Ium o o o o yI I I yI I1IL_____L___J_- ----------------JI F1 i i i i ,i a SIDE ELEVATION T_i _____ - -____ =zi =A1 SCAI.E: 1I8'=1'0• 2 REAR ELEVATION C B A A1 SCALE: 1/8° =1' 0' 3 1. Wood Studs - Nom 2 by 4 in. apaced 18 in. OC max, e8ectively firestapped. Design No. U305 2. Jolrrta and Nall-Heads - Exposad o covaed wRh fibar tape and joint compound, except where requiretl ri xjforspedficadgecanfiguration. For taparad, munded-edga gypsum board, joints covered with joint compound November 04, 2009 or fiber tape and JoIM compound. As an altemate, nom 3/32 in. thick gypsum veneer plaster may be applied p to tha antire surface of Classified venear baseboard. Joirds reinforced. Nailheads exposed or coveretl with IBearingWallRating -1 HR.jointcompound.I Z', Finish Rating -See Items 3, 3A, 3D, 3E, 3F. 3G, 3H and 3I.C STC Rating - 56 (See Item 9)3. Gypsmn Board'-5/8 in. thick paparorvinyl surfacad, with beveled, square, ortapered edges, applied zLoadRestrictedforCanodionApplicotions -See Guide BXUV7 eer horizontally orvertcally. Gypsum panels nailed 7 in. OC with 6d cement coated nails t-7/8 in. long,O0.0915 in. shank diam and 15/64 In. diam heads. When used in widths other than 48 in., gypsum panels are V ro be installed horizoMally. I235 b. Batts and Blankata' - Glass fibar or mineral wool insula6on. Placed to completely or partially fill the stud X pvities. fUlovrable modtflcadons to UL destgn.ma„m x aEVisoNs 1. Woad Studs ro be Nam 2 by 6 in. spaced 18" o.c.5 I I I I I I 5 1 3 2 2. GypsumBoard -MatldiOonallayerof5/8"type'X'gypbtltobeapplietlonthetlwellingunitsitleofthe t=====____— ----------------- '`' partywalls. Fastenar spacing tor tha additional layar to ba the the same as required for the base layer. The length of the fasteners shall be increased by 5/8 a ALTERNATE SIDE ELEVATION T A1 SCALE: 1/8• =1' 0• A1 MEMORANDUM To: Kyle Klatt, Senior Planner CC: Kim Lindquist, Community Development Director Brian Erickson, Director of Public Works/City Engineer From: Stephanie Smith, Assistant City Engineer Date: April 23, 2019 Subject: Harmony Parkview 2nd Addition Preliminary Plat - Engineering Review SUBMITTAL: The plans for Harmony Parkview 2nd Addition have been prepared by James R. Hill, dated March 3rd, 2019. Engineering review comments were generated from the following documents included in the submittal: ▫ Harmony Parkview 2nd Addition Preliminary Plat ▫ Existing Conditions Survey ▫ Erosion and Sediment Control Plan ▫ Grading Plan ▫ Utility Plan ▫ Paving Plan ▫ Construction Details GENERAL COMMENTS: 1. The development fees below are estimated based on the current Schedule of Rates and Fees. These fees are due with the final plat and subdivision agreement.  GIS Fees: $60/unit  Sanitary Sewer Trunk Charge: $1075/acre  Watermain Trunk Charge: $6500/acre  Storm Sewer Trunk Charge: $6865/ net developable acre 2. Prior to submittal of the final plat, the developer should notify the city if they would like to privately install the infrastructure or if a public process is desired. Preparation of the subdivision agreement cannot begin until a public or private process is selected. 3. Plans must be signed by an engineer registered in the state of Minnesota prior to grading on site. 4. City inspection of public infrastructure is required during construction. RIGHT OF WAY AND EASEMENTS: The plat consists of re-platting existing outlot into townhome lots, a large common lot and Outlot A. Per City Code, Drainage and Utility (D&U) easements will be dedicated over the common Lot 17, Block 1 to cover the utilities and private streets. 5. The existing drainage and utility easements must be vacated prior to and concurrently with recording the final plat. 6. D&U Easement is required over Outlot A as it contains the private street for the development to the south of this site. 7. Outlot A shall be deeded to the HOA responsible for the other half of the existing private street. Documentation of this transfer shall be provided prior to the start of construction. 8. The width of drainage and utility easements over all public utilities shall be verified during final design. 9. Trees are not allowed to be planted over the proposed storm sewer, or near the sanitary sewer and water service lines. 10. Right-of-way (ROW) permit is required for work in the Bronze Parkway ROW. 11. MnDOT permitting is required for work within MnDOT ROW. STREETS & SIDEWALKS Two private streets are proposed off of Bronze Parkway and will act as a shared driveway to provide access to the lots. 12. The streets shall be owned and maintained by an HOA. 13. Road stationing should be shown on the plan. 14. Street centerline elevations and grades or street profiles should be shown on the plan. Minimum street grades are 1.0%. 15. Based on the recent projects in the Harmony neighborhood and the existing soils, it is likely the street pavement section will need to be increased with a select granular section and possibly geotextile fabric. Soil borings and a geotechnical report are recommended. 16. The southern private street access shall be adjusted to line up with the existing intersection of Bronze Parkway and 135th Street. 17. Plan shall show restoration of Bronze Parkway from the utility connections and removals. 18. The applicant’s engineer shall provide a turning movement inset to insure Lots 4, 8, 12 and 16, Block 1 have enough space to back out of the driveway. 19. ADA-compliant pedestrian ramps are required where the sidewalk and trail meet the street. 20. The applicant shall submit a signage plan for review. 21. A street lighting plan shall be submitted for review and must comply with City standards. Street light requirements are detailed below:  at all public street intersections  at the end of all cul-de-sacs  at regularly spaced intervals (not to exceed 500’) on alternating sides of the street  at all instances where the road configuration warrants extra illumination as determined by City Engineering Staff WATER AND SANITARY SEWER 22. The water and sanitary sewer construction plans shall be designed, consistent with City of Rosemount Engineering Guidelines and Standard Specifications and Detail Plates. 23. The applicant shall verify the existing utility stub sizes into the property. 24. 90º watermain bends are not allowed. 25. Revise utility plan not to show stubs that are noted for removal. 26. Upon completion of the utility construction, the City requires record drawings. See Engineering Guidelines for submittal and formatting requirements. GRADING AND DRAINAGE The site is presently used as stormwater ponding for the Harmony development. The applicant proposes to fill the ponds on site for construction of attached townhomes, and route the stormwater to the Dunmore regional ponding on the west side of Trunk Highway 3. 27. The applicant shall provide information to the City on the type of fill, where the fill is coming from to the site and hauling route maps. 28. The applicant shall revise the grading plan to minimize the number of backyard catchbasins. 29. The plan shall be revised to show driveway locations and label all the driveway grades for city staff review. STORMWATER WSB Engineering reviewed the Harmony Parkview 2nd Addition grading and stormwater management plan on behalf of the City. The full memorandum, dated April 16, 2019, is included as an attachment. The recommendations are summarized below: 1. For the basins to be filled in with this project, a MnDOT permit to increase discharge across TH 3 has not been obtained yet. MnDOT has stated that they will require the Dunmore lift station to be installed prior to the ponds being filled within the Harmony development. Further coordination with MnDOT is required. 2. Any work occurring within MnDOT ROW will require review and approval from MnDOT. 3. Pond 5 should be constructed concurrently with this project. 4. Pond 5 should include a note stating the 100-year HWL: 939.31, 100-year Back- to-Back: 939.64, Snowmelt: 939.06 5. Grading plans shows no emergency overflow. Please indicate emergency overflows to verify ponding areas. Each ponding area should have 2 feet of freeboard to the ground floor elevation of each townhome. 6. Additional silt fence should be included along the western side of the site during construction. 7. Restoration plan shall be submitted to the City for review. 8. Plan shall be revised to show grading limits. Grading outside the property shall be removed or agreement with the property owners is required. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015. Attachment: WSB Memorandum Re: Harmony Parkview 2nd Addition Construction Plan Review, dated 4/16/2019