06-17-2019 Planning Commission Packet

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Mr. Chad Konickson Page 3 March 29,2017 including those discussed in "A guide to Nonnative Invasive Plants Inventory in the North by Forest Inventory and Analysis," 2009, C. Olson and A. Cholewa. http://www.nrs.fs.fed.us/pubs/gtr/gtr nrs52.pdf. 8. The permittee must provide: a)a copy of this Certification; b)documentation of any required BMPs under conditions 3 and 4; and c) any written demarcation of waters of the United States under condition 1;to any prime contractor responsible for completing the project's authorized activities.The permittee must also ensure that there is a mechanism in place requiring each prime contractor to provide the same information to all subcontractors, at any level, responsible for fabricating or providing any material for the project or performing work at the project site. In addition,copies of these documents and any other relevant regulatory authorizations related to impacts to Waters of the United States, must be available at or near the project site for use by contractors or staff responsible for completing the project work and must be available within 72 hours when requested by the MPCA staff. 9. The permittee is responsible for compliance with all applicable conditions of this Certification. 10. This Certification includes and incorporates by reference the general conditions of Minn. R. 7001.0150, subp.3. Conditions Specific to Individual NWP Activities In addition to all other applicable Certification conditions,the following activities must also comply with the activity-specific conditions below: 1. NWP 7,Outfall Structures and Associated Intake Structures:The permittee must ensure that impacts associated with outfall and intake structures do not harm aquatic life outside of the permitted project area and do not result in an unauthorized loss of waters of the United States without proper mitigation in accordance with General Condition 23 of NWPs. 2. NWP 16, Return Water from Upland Contained Disposal Areas:The permittee must ensure that return water from dredging that is directly returned to the original source water meet the same water quality standards that apply to the original source water. If the return water is discharged into a receiving water that is not the original source water,then the permittee must ensure that the discharge water will meet the more stringent water quality standard of the receiving water and the original source water. Discharges of return water must not violate the state water quality standard identified in Minn. R. 7050.0210.subp.2. 3. NWP 53, Removal of Low-Head Dams:The permittee must evaluate and manage the accumulated sediment behind the structure to minimize downstream effects during and following the removal of the structure. Use low-flow and winter construction and other appropriate BMPs required in conditions 3 and 4 below. NOTIFICATIONS:The following notifications are not conditions of the MPCA CWA 401 Certification of NWPs.They provide practices that can help reduce the potential environmental impacts or they provide notification to the public in Minnesota,that certain discharges in Waters of the State, as defined in Minn. Stat.§ 115.01,subd. 22, or activities associated with discharges into Waters of the State, are also regulated under other rules administered by the MPCA: 1. Minn. R. chs. 7001 and 7090 requires any activity that will disturb one acre or more of land must first acquire a National Pollutant Discharge Elimination System Permit(NPDES)/State Disposal System (SDS)