§ 153.11 REVIEW PROCESS.

   The county shall have the authority to administer and enforce this chapter.

   (A)   Thresholds and requirements for review and approval. The need for review and approval and procedures will be dependent on the scale of the project and its location relative to sensitive areas. Regardless of whether or not an activity meets a threshold for review, all land altering activities shall take appropriate erosion control measures to prevent the sedimentation of receiving waterbodies or discharges of sediment onto neighboring properties. See §§ 153.10(C) and 153.10(D) for a description of activities and situations that are exempt from some or all of the requirements of this chapter. Applicant should contact the county if unsure of the project level.

      (1)   Activities requiring an erosion control permit.

         (a)   Any of the following activities shall require an erosion control permit:

            1.   Projects with one acre or more of construction activity and not in a sensitive area; or

            2.   Projects with less than one acre of construction activity that are part of a larger common plan of development or sale if the larger common plan ultimately has construction activity equal to or greater than one acre; or

            3.   Projects with less than one acre of construction activity within a sensitive area; or

            4.   Projects which require the release of material off-site or into waters of the state; or

            5.    Projects which create or concentrate new discharges or flows over ten cubic feet per second (cfs) (NOTE: see § 153.11(A)(3) for thresholds for projects that remove or replace and existing stream crossing or create a new stream crossing).

         (b)   Activities described in § 153.11(A)(1)(a)1-4 require review and approval by the county based on standards in § 153.55.

         (c)   Activities described in § 153.11(A)(1)(a) 5 require review and approval by the county based on standards in §§ 153.55 and 153.56(G).

      (2)   Activities requiring a stormwater permit.

         (a)   Any of the following activities shall require a stormwater permit:

            1.   Projects which cumulatively construct, reconstruct, or redevelop one acre or more of impervious surfaces after September 1, 2002; or

            2.   Projects which cumulatively construct, reconstruct, or redevelop 10,000 square feet of impervious surfaces after September 1, 2002 and located within a sensitive area; or

            3.   Projects which result in a loss of stormwater treatment from an impervious area of 10,000 square feet or greater. Examples include loss of treatment by impervious disconnection through creation of curb and gutter or impacts to existing stormwater BMPs; or

            4.   Projects which include structural stormwater treatment.

         (b)   These activities require review and approval by the county based on standards in §§ 153.55 through 153.64.

      (3)   Activities requiring a stream crossings permit.

         (a)   Projects which create new crossings as defined in these rules.

         (b)   Projects which replace or improve existing crossings as defined in these rules and result in changes to the two-, ten-, and/or 100-year hydraulic profile, flow capacity, invert elevations, or upstream and downstream water elevations.

         (c)   Projects which remove existing crossings as defined in these rules.

         (d)   These activities require review and approval by the county based on standards in § 153.57.

      (4)   Activities requiring a maintenance permit.

         (a)   Any of the following activities shall require a maintenance permit:

            1.   Projects which involve the replacement of existing crossings as defined in these rules and result in changes to the hydraulic profile of the waterbody in the two-, ten-, and 100-year events that are minor enough to result in no adverse impacts to structures or watercourses; or

            2.   Projects which involve slip-lining culverts; or

            3.   Projects which involve chip seal pavement surface treatment in urban areas where streets or paved areas have surface inlets; or

            4.   Projects which involve horizontal drilling and are within sensitive areas (utility maintenance work and projects that part of a larger plan of development are exempt); or

            5.   Projects which maintain or restore the function of stormwater BMPs by replacing structures or filtration media, dredging, grading, or other activities beyond routine maintenance (i.e., sediment removal, trash removal, vegetation management).

         (b)   These activities must adhere to the maintenance standards described in § 153.58.

      (5)   General review process. The following steps are recommended prior to LGU preliminary plat approval in order to expedite the review process.

         (a)   Determination of project level. Project level shall be determined based on the thresholds described above. Projects that meet the thresholds described above shall continue with the process described below.

         (b)   Pre-application meeting. An initial development review team (DRT) meeting between the responsible party, SWCD, county and LGU should be held as early as possible in the process. Typically, submittal of a concept plan for review initiates this process.

         (c)   Application submittal. A permit application which includes all required exhibits described in § 153.40 shall be submitted to the county. This should occur in conjunction with an application to the LGU.

         (d)   Application review and determination of completeness. The county shall make a determination regarding the completeness of an application within ten business days of the receipt of the application and notify the applicant if the application is not complete. The county will make its decision in accordance with M.S. § 15.99, as it may be amended from time to time.

         (e)   Approval. The responsible party shall not commence any construction activity subject to this chapter until approval has been given by Carver County. If the county determines that the application meets the requirements of this chapter, the county may issue approval which authorizes the project or activity.

            1.   Time period of approval. Construction activity must commence within 18 months of the date of approval, or permit reapproval or reverification is required.

            2.   Form of approval. Approval will typically be in the form of a letter from the county to the applicant.

            3.   Incomplete/insufficient applications. If the application does not meet the requirements, the county may issue conditional approval, meaning approval contingent upon compliance with this chapter. If non-compliance is substantial, the county may require a re-application.

            4.   Permit modifications. An approved application may be modified following review and approval by the county. In reviewing the modifications, the county may require additional submittals.

         (f)   Denial. If the responsible party fails to meet requirements the county may deny the application. Reason for denial shall be in writing.

(Ord. 57-2005, passed 1-10-06; Am. Ord. 75-2012, passed 6-26-12; Am. Ord. 83-2016, passed 9-20-16; Am. Ord. 99-2022, passed 6-28-22)