Words or phrases used in this chapter shall have the meanings as defined by Appendix B of the state’s construction storm water permit no. MN R100001 (construction permit) available at http://www.pca.state.mn.us/wfhva5b:. If not defined in the construction permit, then words or phrases shall be interpreted to have the meaning they have in common usage. Words or phrases shall be interpreted so as to give this chapter its most reasonable application. For the purpose of this chapter, the words MUST, SHALL, and WILL are mandatory and not permissive.
APPLICANT. The owner of land submitting an application under the provisions of this chapter for a storm water and/or erosion control permit to be issued by the city.
BEST MANAGEMENT PRACTICES (BMPs). The most effective and practicable means of erosion prevention and sediment control, and water quality management practices that are the most effective and practicable means to control, prevent, and minimize degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, pollution prevention through good housekeeping, and other management practices published by state or designated area-wide planning agencies.
BETTER SITE DESIGN. The control and management of storm water quantity and quality through the application of BETTER SITE DESIGN techniques as outlined in the current version of the state’s storm water manual: http://stormwater.pca.state.mn.us/index.php/Main Page. BETTER SITE DESIGN includes preservation of natural areas, site reforestation, stream and shoreland buffers, open space design, disconnection of impervious cover, rooftop disconnection, grass channels, storm water landscaping, compost and amended soils, impervious surface reduction, and trout stream protection.
COMMON PLAN OF DEVELOPMENT OR SALE. A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. ONE PLAN is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur.
CONSTRUCTION ACTIVITY. Includes construction activity as defined in 40 C.F.R. §122.26(b)(14)(x), small construction activity as defined in 40 C.F.R. § 122.26(b)(15), and construction activity as defined by Minn. Rules Part 709.0080, Subp. 4. This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated storm water runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of CONSTRUCTION ACTIVITY include clearing, grading, filling, and excavating. CONSTRUCTION ACTIVITY includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more. CONSTRUCTION ACTIVITY does not include a disturbance to the land of less than five acres for the purpose of routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
DEVELOPMENT, NEW. Any development that results in the conversion of land that is currently prairie, agriculture, forest, or meadow and has less than 15% impervious surface. Land that was previously developed, but now razed and vacant, will not be considered NEW DEVELOPMENT.
DEWATERING. The removal of surface or ground water to dry and/or solidify a construction site to enable construction activity. DEWATERING may require a State Department of Natural Resources (DNR) water appropriation permit, and if DEWATERING water is contaminated, discharge of such water may require an individual MPCA NPDES/SDS permit.
ENERGY DISSIPATION. Methods employed at pipe outlets to prevent erosion caused by the rapid discharge of water. Examples include, but are not limited to, concrete aprons, riprap, splash pads, and gabions that are designed to prevent erosion.
EROSION PREVENTION. Measures employed to prevent erosion. Examples include, but not limited to, soil stabilization practices, limited grading, mulch, temporary erosion protection or permanent cover, and construction phasing.
GENERAL CONTRACTOR. The party who signs the construction contract with the owner or operator to construct the project described in the final plans and specifications. Where the construction project involves more than one contractor, the GENERAL CONTRACTOR could be the party responsible for managing the project on behalf of the owner or operator. In some cases, the owner or operator may be the GENERAL CONTRACTOR. In these cases, the owner may contract with an individual as the operator who would become the co-permittee.
GREEN INFRASTRUCTURE. A wide array of practices at multiple scales that manage wet weather and that maintains or restores natural hydrology by infiltrating, evapotranspiring, or harvesting and using storm water. On a regional scale, GREEN INFRASTRUCTURE is the preservation or restoration of natural landscape features, such as forests, floodplains, and wetlands, coupled with policies that reduce overall imperviousness in a watershed. On a local scale, GREEN INFRASTRUCTURE consists of site and neighborhood-specific practices, such as bioretention, trees, green roofs, permeable pavements, and cisterns.
IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.
LAND DISTURBANCE. Any activity that result in a change or alteration in the existing ground cover (both vegetative and non- vegetative) and/or the existing soil topography. LAND DISTURBING ACTIVITIES include, but are not limited to, development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, stockpiling, excavation, and borrow pits. Routine vegetation management, and mill and overlay/resurfacing activities that do not alter the soil material beneath the pavement base, are not considered LAND DISTURBANCE. In addition, other maintenance activities such as catch basin and pipe repair/replacement, lighting, and pedestrian ramp improvements shall not be considered LAND DISTURBANCE for the purposes of determining permanent storm water management requirements.
LINEAR PROJECT. Construction or reconstruction of roads, trails, sidewalks, and rail lines that are not part of a common plan of development or sale. Mill, overlay, and other resurfacing projects are not considered to be reconstruction.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (§§ 301, 318, 402, and 405) and 33 C.F.R. Parts1317, 1328, 1342, and 1345.
NORMAL WETTED PERIMETER. The area of a conveyance, such as a ditch, channel, or pipe that is in contact with water during flow events that are expected to occur from a two-year 24-hour, storm event.
NOTICE OF TERMINATION. Notice to terminate coverage under a permit after construction is complete, the site has undergone final stabilization, and maintenance agreements for all permanent facilities have been established, in accordance with all applicable conditions of a permit.
OPERATOR. The person designated by the owner who has day to day operational control and/or the ability to modify project plans and specifications related to the SWPPP. The OPERATOR must be named on the permit as the permittee.
OWNER. The person or party possessing the title of the land on which the construction activities will occur; or if the construction activity is for a lease, easement, or mineral rights license holder, the party or individual identified as the lease, easement, or mineral rights license holder; or the contracting government agency responsible for the construction activity.
PERMANENT COVER. Surface types that will prevent soil failure under erosive conditions. Examples include gravel, asphalt, concrete, riprap, rooftops, perennial cover, or other landscaped material that will permanently arrest soil erosion. A uniform perennial vegetative cover (e.g., evenly distributed, without large bare areas) with a density of 70% of the native background vegetative cover for the area must be established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures. PERMANENT COVER does not include the practices listed under temporary erosion protection.
PERMITTEE. A person or persons, firm, or governmental agency or other entity that signs the permit application and is responsible for compliance with the terms and conditions of the permit.
PUBLIC WATERS. All water basins and watercourses that are described in M.S. § 103G.005, Subd. 15, as it may be amended from time to time.
REDEVELOPMENT. Any development that is not considered new development.
RETAIN. Manage storm water on site using a low-impact development approach so that the rate and volume of predevelopment storm water reaching receiving waters is unchanged.
SATURATED SOIL. The highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. SATURATED SOIL is evidenced by the presence of redoximorphic features or other information.
SEDIMENT CONTROL. Methods employed to prevent sediment from leaving the site. SEDIMENT CONTROL practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, bio rolls, rock logs, compost logs, storm drain inlet protection, and temporary or permanent sedimentation basins.
SMALL CONSTRUCTION ACTIVITY. As defined in 40 C.F.R. § 122.26(b)(15). SMALL CONSTRUCTION ACTIVITIES include clearing, grading, and excavating that result in land disturbance of equal to or greater than one acre and less than five acres. SMALL CONSTRUCTION ACTIVITY includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five acres.
STABILIZED. Exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, erosion control blanket, mats or other material that prevents erosion from occurring. Grass, agricultural crop, or other seeding alone is not STABILIZATION. Mulch materials must achieve approximately 90% ground coverage (typically two ton/acre).
STANDARD PLATES. General drawings showing a common or repeated construction activity or practice.
STORM WATER. Is defined under Minn. Rules Part 7077.0105, Subp. 41(b), and includes precipitation runoff, storm water runoff, snowmelt runoff, and any other surface runoff and drainage.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP). A plan for storm water discharge that includes erosion prevention BMPs, sediment control BMPs, and permanent storm water management systems that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution.
SURFACE WATER OR WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems, whether natural or artificial, public or private, except that SURFACE WATERS do not include treatment basins or ponds that were constructed from upland.
TEMPORARY EROSION PROTECTION. Methods employed to prevent erosion during construction activities. Examples of TEMPORARY EROSION PROTECTION include straw, wood fiber blanket, wood chips, vegetation, mulch, and rolled erosion control products.
UNDERGROUND WATERS (GROUND WATER). Water contained below the surface of the earth in the saturated zone including, without limitation, all waters whether under confined, unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or in rock formations deeper underground. The term GROUND WATER shall be synonymous with UNDERGROUND WATER.
WATERS OF THE STATE. As defined in M.S. § 115.01, Subd. 22, as it may be amended from time to time, includes all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
WETLAND or WETLANDS. Is defined in Minn. Rules Part 7050.0130, Subp. F and includes those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. WETLANDS generally include swamps, marshes, bogs, and similar areas. Constructed WETLANDS designed for wastewater treatment are not waters of the state. WETLANDS must have the following attributes:
(1) A predominance of hydric soils;
(2) Inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and
(3) Under normal circumstances support a prevalence of such vegetation.
(Ord. 2016-06, passed 5-23-2016)