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Memorandum �Bonestroo <br /> Project: Orono Permitting 2335 Highway 36 W <br /> To: Mike Gaffron Authority Date: 8-10-09 St Paul,MN 55113 <br /> Tel 651-636-4600 <br /> From: Bob Barth Client: City of Orono Fax 651-636-1311 <br /> www.bonestroo.com <br /> Re: Assuming Certain MCWD Permitting Functions File No: 139-09000-0 <br /> Twelve different rules support Minnehaha Creek Watershed District's permitting <br /> program. A few of these define the administration of the watershed's permitting <br /> program while others define performance requirements for regulated activities. These <br /> performance-based rules include: <br /> Rule B: Erosion Control <br /> Rule C: Floodplain Alteration <br /> Rule D: Wetland Protection <br /> Rule E: Dredging <br /> Rule G: Waterbody Crossings and Structures <br /> Rule N: Stormwater Management for Land Development Projects <br /> According to the Watershed, Orono can take over permitting authority for rules B, C, <br /> D, and N - shown in bold-faced type above. Rules E and G cannot be assumed by a <br /> municipality. The following discusses the steps necessary for Orono to assume <br /> authority of these four rules. <br /> Rule B: Erosion Control <br /> Orono added chapter 79, Construction Site Runoff Control, to its City Code in April, <br /> 2009. This erosion control ordinance was written to be consistent with the NPDES <br /> construction stormwater permit. MCWD is currently revising its Rule B to likewise be <br /> consistent with the NPDES permit. Consequently, the rule and Orono's ordinance will <br /> be quite similar. However, certain minor modifications to Orono's ordinance are <br /> anticipated in areas such as applicability, exemptions, submittals, and notifications. <br /> Other than ordinance, the primary aspect to assuming erosion control authority is <br /> reviewing erosion control plans and having an inspection program. Orono currently <br /> covers both these functions, so the impact to Orono of assuming formal authority for <br /> Rule B should be minimal. <br /> Rule C: Floodplain Alteration <br /> Orono amended chapter 78, Zoning Regulations, of its City Code in 2004 to add a <br /> floodplain ordinance based on the Minnesota Department of Natural Resources model <br /> ordinance. Having a municipal ordinance based on the model is necessary for Orono <br /> to assume MCWD authority under the Floodplain Alteration Rule. Proposed alterations <br /> to floodplain usually occur in the course of development or other land alteration <br /> projects. Since Orono already reviews projects for compliance with City Code, there <br /> MGalfron RBarth^Orono LGU Discussion 8-10-09.doc <br />