October 20 2021 Regular Board Meeting Packet

 Wetlands shall not be drained, filled (wholly or in part), excavated, or have sustaining hydrology impacted such that there will be a decrease in the inherent (existing) functions and values of the wetland.  A minimum buffer of 25 feet of permanent nonimpacted vegetative ground cover abutting and surrounding a wetland is required.

Findings 1. There are no known wetlands located on the property.

RULE F: EROSION AND SEDIMENT CONTROL Standards  A plan shall demonstrate that appropriate erosion and sediment control measures protect downstream water bodies from the effects of a land‐disturbing activity.  Erosion Control Plans must adhere to the MPCA Protecting Water Quality in Urban Areas Manual.

Findings 1. Erosion and sediment control measures are consistent with best management practices, as demonstrated in the MPCA manual Protecting Water Quality in Urban Areas.

2. Adjacent properties are protected from sediment transport/deposition.

3. Wetlands, waterbodies and water conveyance systems are protected from erosion/sediment transport/deposition.

4. Total disturbed area is 1.5 acres; an NPDES permit is required. A SWPPP has been submitted.

RULE G: ILLICIT DISCHARGE AND CONNECTION Standard  Stormwater management and utility plans shall indicate all existing and proposed connections from developed and undeveloped lands for all water that drains to the District MS4.

Findings 1. New direct connections or replacement of existing connections are not proposed.

2. Prohibited discharges are not proposed.

RULE I: VARIANCES Standard  The Board of Managers shall have the power to grant variances from these Rules where they find that extraordinary and unnecessary hardships may result from strict compliance with these Rules; provided that such variances will not have the effect of nullifying the intent and purpose of these Rules and the overall plan of the District as adopted.

Findings 1. The applicant has submitted a written request for a variance stating the exceptional conditions of the site. a. A Phase II investigation Report from Braun Intertec dated July 29, 2020 identified both petroleum and non‐petroleum related soil contamination W:\07 Programs\Permitting\2021\21-019, 554 Broadway\21-019 Permit Report_R3c.doc Page 4 of 6