For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTIVE KARST. A terrain having distinctive landforms and hydrology created primarily from the dissolution of soluble rocks within 50 feet of the land surface.
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 of to control, prevent, and minimize degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, pollution prevention through good housekeeping, and other management practices published by state or designated area-wide planning agencies.
COMMON PLAN OF DEVELOPMENT OR SALE. One proposed plan for 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. Activities including clearing, grading, and excavating, that result in land disturbance of equal to or greater than 1 acre, including the disturbance of less than 1 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 1 acre. 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 stormwater runoff that may lead to soil erosion and movement of sediment. Construction activity does not include a disturbance to the land of less than 5 acres for the purpose of routine maintenance performed to maintain the original line and grade, hydraulic capacity, and original purpose of the facility. Routine maintenance does not include activities such as repairs, replacement and other types of non-routine maintenance. Pavement rehabilitation that does not disturb the underlying soils (e.g., mill and overlay projects) is not construction activity.
DEWATERING. The removal of surface or ground water to dry and/or solidify a construction site to enable construction activity. Dewatering may require a Minnesota 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.
DNR CATCHMENT AREA. The Hydrologic Unit 08 areas delineated and digitized by the Minnesota DNR. The catchment areas are available for download at the Minnesota DNR Geospatial Commons website. DNR catchment areas may be locally corrected, in which case the local corrections may be used.
ENERGY DISSIPATION. Methods employed at pipe outlets to prevent erosion caused by the rapid discharge of water scouring soils.
EROSION PREVENTION. Measures employed to prevent erosion such as soil stabilization practices, permanent cover or construction phasing.
FULLY RECONSTRUCTED. Areas where impervious surfaces have been removed down to the underlying soils. Activities such as structure renovation, mill and overlay projects, and other pavement rehabilitation projects that do not expose the underlying soils beneath the structure, pavement, or activity are not considered fully reconstructed. Maintenance activities such as catch basin repair/replacement, utility repair/replacement, pipe repair/replacement, lighting, and pedestrian ramp improvements are not considered fully reconstructed.
GENERAL PERMIT. A permit issued under Minn. Rules 7001.0210 to a category of owners/operators whose operations, emissions, activities, discharges, or facilities are the same or substantially similar.
GROUNDWATER. The 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.
IMPAIRED WATERS. A water with an USEPA approved TMDL for any of the impairments listed in this item, and waters identified as impaired under § 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).
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, driveways, parking lots, and concrete, asphalt, or gravel roads. Bridges over surface waters are considered impervious surfaces.
INFEASIBLE. Not technologically possible or not economically practicable and achievable in light of the best industry practices.
INITIATED IMMEDIATELY. Taking an action to commence soil stabilization as soon as practicable, but no later than the end of the workday, following the day when the land-disturbing activities temporarily or permanently ceased. If construction work on the site will be cease for 14 or more additional calendar days, or seven calendar days on a project that is within one mile (aerial radius measurement) of, and flows to, one or more of the following: "impaired waters", "other special waters", "prohibited waters", and/or "restricted waters" as defined), stabilization can be immediately initiated by:
(1) Prepping the soil for vegetative or non-vegetative stabilization; or
(2) Applying mulch or other non-vegetative product to the exposed soil area; or
(3) Seeding or planting the exposed area; or
(4) Starting any of the activities in divisions (1) through (3) on a portion of the area to be stabilized, but not on the entire area; or
(5) Finalizing arrangements to have stabilization product fully installed in compliance with the applicable deadline for completing stabilization.
LINEAR PROJECT. Construction of new or fully reconstructed roads, trails, sidewalks, or rail lines that are not part of a common plan of development or sale. For example, roads being constructed concurrently with a new residential development are not considered linear projects because they are part of a common plan of development or sale.
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4. A conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains:
(1) Owned or operated by a state, city, town, county, district, association or other public body, created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district, or drainage district or similar entity, or an Indian tribe or an authorized Indian tribe organization, or a designated and approved management agency under § 208 of the federal Clean Water Act, United States Code, Title 33, § 1288, that discharges into waters of the state;
(2) Designed or used for collecting or conveying storm water;
(3) That is not a combined sewer; and
(4) That is not part of a publicly owned treatment works as defined in 40 CFR 122.2.
(5) Municipal separate storm sewer systems do not include separate storm sewers in very discrete areas, such as individual buildings.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act, as amended (33 U.S.C. 1251, et seq., § 342 and 40 CFR parts 122, 123, 124 and 450).
NATURAL BUFFER. An area of undisturbed cover surrounding surface waters within which construction activities are restricted. Natural buffer includes the vegetation, exposed rock, or barren ground that exists prior to commencement of earth-disturbing activities.
NORMAL WETTED PERIMETER. The area of a conveyance, such as a ditch or channel, that is in contact with water during flow events that are expected to occur from a 2-year, 24-hour storm event.
OTHER SPECIAL WATERS. Trout lakes identified in Minn. Rules 6264.0050, subp. 2. and trout streams listed in Minn. Rules 6264.0050, subp. 4.
PERMANENT COVER. Surface types that will prevent soil failure under erosive conditions. Examples include: gravel, concrete, perennial cover, or other landscaped material that will permanently arrest soil erosion. Permanent cover consists of a uniform perennial vegetative cover (i.e., evenly distributed, without larger bare areas) with a density of 70% of the native background vegetative cover or equivalent permanent stabilization measures. Permanent cover does not include temporary BMPs such as wood fiber blanket, mulch, and rolled erosion control products.
PERMITTEE. The persons, firm, governmental agency, or other entity on the application submitted and are responsible for compliance with the terms and conditions of this chapter.
PROJECT(S). All construction activity planned and/or conducted under this chapter. The project occurs on the site or sites as described in the site plan.
PUBLIC WATERS. All water basins and watercourses described in M.S. § 103G.005, subd. 15.
PROHIBITED WATERS. 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; Lake Superior North of latitude 47 degrees, 57 minutes, 13 seconds; Lake Superior East of Hat Point; Lake Superior South of the Minnesota-Ontario boundary; Lake Superior West of the Minnesota-Michigan boundary; 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; Iron Springs Bog, 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.
RESTRICTED WATERS. Lake Superior, except those portions identified as prohibited special waters in § 7.2.1. above; the 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; 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; Rum River from State Highway 27 bridge in Onamia to Madison and Rice streets in Anoka; the Lake Trout Lakes identified in Minn. Rules 7050.0335 including those inside the boundaries of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park; and Calcareous Fens listed in Minn. Rules 7050.0335, subp. 1.
SEDIMENT CONTROL. Methods employed to prevent suspended sediment in stormwater from leaving the site (e.g. silt fences, compost logs and storm drain inlet protection).
STABILIZE, STABILIZED, STABILIZATION. The 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 seeding, agricultural crop seeding or other seeding alone is not stabilization. Mulch materials must achieve approximately 90% ground coverage (typically 2 ton/acre).
STORMWATER. Precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage.
STRUCTURAL STORMWATER BMP. A stationary and permanent BMP that is designed, constructed, and operated to prevent or reduce the discharge of pollutants in stormwater.
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 stormwater treatment systems.
WETLANDS. As defined in Minn. Rules 7050.0186, subp. 1a.B., those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and 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; and
(2) Inundated or saturated by surface water or groundwater 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.
(Minn. Rules 7050.0186, subp. 1a.B)
(Ord. 712, passed 11-14-2022)