CSW NOC

1.1	Permit Coverage. [Minn. R. 7090]
1.2	This permit is required for construction activity that results in land disturbance of equal to or greater than one (1) acre or if a project is part of a common plan of development or sale that ultimately will disturb greater than one (1) acre, and authorizes, subject to the terms and conditions of this permit, the discharge of stormwater associated with construction activity. [Minn. R. 7090]
1.3	Construction activity covered by this permit cannot commence until coverage under this permit is effective or, if applicable, until the Minnesota Pollution Control Agency (MPCA) has issued an individual National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) construction stormwater permit for the project. [Minn. R. 7090]
1.4	This permit covers all areas of the State of Minnesota except land wholly within the boundaries of a federally recognized Indian Reservation owned by a tribe or a tribal member or land held in trust by the federal government for a tribe or tribal member. [Minn. R. 7090]
1.5	Coverage under this permit is not required when all stormwater from construction activity is routed directly to and treated by a "treatment works," as defined in Minn. Stat. Sect. 115.01, subd. 21, operated under an individual NPDES/SDS permit with a Total Suspended Solids (TSS) effluent limit. [Minn. R. 7090]
1.6	This permit covers ongoing projects covered under any previous construction stormwater permit that are not complete on the issuance date of this permit. Permittees must either remain in compliance with the previous permit and terminate coverage within 18 months of the issuance date of this permit or comply with this permit, including updating the Stormwater Pollution Prevention Plan (SWPPP), within the 18-month period. Permittees of previously permitted projects are not required to incorporate any additional requirements regarding the permanent stormwater treatment system included in this reissued permit. [Minn. R. 7090]
1.7	Coverage for projects that extend beyond the expiration date of this permit remains effective for a grace period covering project completion and Notice of Termination (NOT) submittal. If Permittees cannot complete projects during the grace period, the MPCA will extend coverage under the next permit and permittees must comply with the requirements of the new permit including updating the SWPPP. Permittees are not required to follow changes to the permanent stormwater treatment section of the next permit. [Minn. R. 7090]
2.1	Prohibitions and Limitations of Coverage. [Minn. R. 7090]
2.2	The owner must develop a SWPPP that complies with item 5.2 prior to submitting the application for coverage and starting construction activity. Failure to prepare a SWPPP prior to submitting the application may result in permit revocation. [Minn. R. 7090]
2.3	This permit prohibits discharges of any material other than stormwater treated in compliance with this permit and discharges from dewatering or basin draining activities in accordance with item 10.1 through 10.5. Prohibited discharges include, but are not limited to, wastewater from washout of concrete, stucco, paint, form release oils, curing compounds and other construction materials, fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance, soaps or solvents used in vehicle and equipment washing and maintenance, and other hazardous substances or wastes. [Minn. R. 7090]
2.4	This permit does not authorize the placement of fill into waters of the state unless authorized by local, state or federal authorities (such as U.S. Army Corps of Engineers Section 404 permits, Minnesota Department of Natural Resources (DNR) Public Waters Work permits or local governmental unit Wetland Conservation Act replacement plans or determinations). [Minn. R. 7090]
2.5	This permit does not authorize stormwater discharges associated with industrial activity except for construction activity. Permittees must obtain coverage for discharges associated with industrial activity under a separate NPDES/SDS permit once day-to-day operational activities commence even if construction is ongoing. [Minn. R. 7090]
2.6	This permit does not authorize discharges from non-point source agricultural and silvicultural activities excluded from NPDES permit requirements under 40 CFR pt. 122.3(e). [Minn. R. 7090]
2.7	This permit does not authorize stormwater discharges to Prohibited, Restricted, Special or Impaired waters unless permittees follow the additional stormwater requirements in item 23.1 through 23.25. [Minn. R. 7090]
2.8	This permit does not replace or satisfy any environmental review requirements including those under the Minnesota Environmental Policy Act or the National Environmental Policy Act. The owner must verify completion of any environmental review required by law, including any required Environmental Assessment Work Sheets or Environmental Impact Statements, Federal environmental review, or other required review prior to applying for coverage under this permit. If any part of your common plan of development or sale requires environmental review, coverage under this permit cannot be obtained until such environmental review is complete. [Minn. R. 7090]
2.9	This permit does not replace or satisfy any review requirements for discharges adversely impacting State or Federally designated endangered or threatened species or a designated critical habitat. The owner must comply with the National Historic Preservation Act and conduct all required review and coordination related to historic preservation, including significant anthropological sites and any burial sites, with the Minnesota Historic Preservation Officer. [Minn. R. 7090]
2.10	This permit does not authorize discharges to wetlands unless the permittee complies with the requirements in item 22.1 through 22.4. [Minn. R. 7090]
3.1	Application and Coverage Effective Date. [Minn. R. 7090]
3.2	The owner and operator must submit a complete and accurate on-line application with the appropriate fee to the MPCA for each project that disturbs one (1) or more acres of land or for a common plan of development or sale that will ultimately disturb one (1) or more acres. [Minn. R. 7090]
3.3	For projects or common plans of development or sale that disturb less than 50 acres or do not discharge stormwater within 1 mile of a special or impaired water, permittees do not need to submit the SWPPP with the application. Permit coverage for these projects is effective upon application and completing the payment process. [Minn. R. 7090]
3.4	For certain projects or common plans of development or sale disturbing 50 acres or more, the complete SWPPP must be included with the application and submitted at least 30 days before the start of construction activity. This applies if there is a discharge point on the project within one mile (aerial radius measurement) of, and flows to, a special water listed in item 23.2 through 23.15 or an impaired water as described in item 23.16. Permit coverage for these projects is effective upon submitting the application and complete SWPPP, completing the payment process and receiving a determination from the MPCA that the review of the SWPPP is complete. The determination may take longer than 30 days if the SWPPP is incomplete. If the MPCA fails to contact the permittees within 30 days of application receipt, coverage is effective 30 days after completing the payment process. [Minn. R. 7090]
3.5	The application requires listing all persons meeting the definition of owner and operator as permittees. The operator is jointly responsible with the owner for all terms and conditions of this permit except for the development of the SWPPP as described in item 5.2. [Minn. R. 7090]
3.6	Permittees will receive coverage notification in a manner determined by the MPCA. [Minn. R. 7090]
3.7	For construction projects where the owner or operator changes (e.g., an original developer sells portions of the property to various homebuilders or sells the entire site to a new owner), the current owner and the new owner or operator must submit a complete permit modification form provided by the MPCA. The current owner and the new owner or operator must submit the form prior to the new owner or operator commencing construction activity or no later than 30 days after taking ownership of the property. [Minn. R. 7090]
3.8	For construction projects where the owner or operator changes, the current owner must provide a SWPPP to the new owner and operator that specifically addresses the remaining construction activity. The new owner or operator can implement the original SWPPP, modify the SWPPP, or develop a new SWPPP. Permittees must ensure their activities do not render another party's erosion prevention and sediment control BMPs ineffective. [Minn. R. 7090]
4.1	Termination of Coverage. [Minn. R. 7090]
4.2	Permittees must submit a NOT within 30 days after all termination conditions listed in item 13.1 through 13.7 are complete. [Minn. R. 7090]

4.3	Permittees must submit a NOT within 30 days after selling or otherwise legally transferring the entire site, including permit responsibility for roads (e.g., street sweeping) and stormwater infrastructure final clean out, or transferring portions of a site to another party. The permittees' coverage under this permit terminates at midnight on the submission date of the NOT. [Minn. R. 7090]
4.4	Permittees may terminate permit coverage prior to completion of all construction activity if they meet all of the following conditions: a. construction activity has ceased for at least 90 days; and b. at least 90 percent (by area) of all originally proposed construction activity has been completed and permanent cover has been established on those areas; and c. on areas where construction activity is not complete, permanent cover has been established; and d. the site complies with item 13.3 through 13.7. After permit coverage is terminated under this item, any subsequent development on the remaining portions of the site will require permit coverage if the subsequent development itself or as part of the remaining common plan of development or sale will result in land disturbing activities of one (1) or more acres in size. [Minn. R. 7090]
4.5	Permittees may terminate coverage upon MPCA approval after submitting information documenting the owner cancelled the project. [Minn. R. 7090]
5.1	Stormwater Pollution Prevention Plan (SWPPP) Content. [Minn. R. 7090]
5.2	The owner must develop a SWPPP. The SWPPP must include items 5.3 through 5.26. [Minn. R. 7090]
5.3	The SWPPP must incorporate specific Best Management Practices (BMP) used to comply with the requirements of this permit. [Minn. R. 7090]
5.4	The SWPPP must include a narrative describing the timing for installation of all erosion prevention and sediment control BMPs and a description of the permanent stormwater treatment systems. [Minn. R. 7090]
5.5	The SWPPP must include the calculations developed for temporary sediment basins and the permanent stormwater treatment system. [Minn. R. 7090]
5.6	The SWPPP must include estimated quantities anticipated at the start of the project for the life of the project for all erosion prevention and sediment control BMPs (e.g., linear feet of silt fence or square feet of erosion control blanket). [Minn. R. 7090]
5.7	The SWPPP must include the number of acres of impervious surface for both pre- and post-construction. [Minn. R. 7090]
5.8	The SWPPP must include a site map with existing and final grades, including drainage area boundaries, directions of flow and all discharge points where stormwater is leaving the site or entering a surface water. The site map must indicate the areas of steep slopes. The site map must also include impervious surfaces, soil types and locations of potential pollutant-generating activities as identified in item 12.1 through 12.9. [Minn. R. 7090]
5.9	The SWPPP must include a map of all surface waters, existing wetlands, and stormwater ponds or basins that can be identified on maps such as United States Geological Survey 7.5 minute quadrangle maps, the National Wetland Inventory map or equivalent maps and are within one mile (aerial radius measurement) from the project boundaries that will receive stormwater from the construction site, during or after construction. The SWPPP must identify if the surface water is a special or impaired water. [Minn. R. 7090]
5.10	The SWPPP must include a site map showing construction activity areas that are adjacent to and drain to Public Waters for which the DNR has promulgated "work in water restrictions" during specified fish spawning time frames. [Minn. R. 7090]
5.11	The SWPPP must include the location and type of all temporary and permanent erosion prevention and sediment control BMPs along with procedures used to establish additional temporary BMPs as necessary for the site conditions during construction. Standard details and/or specifications for BMPs must be included in the final plans and specifications for the project. [Minn. R. 7090]
5.12	Permittees must identify locations of temporary buffer zones as required in item 9.17 and permanent buffer zones as required in item 23.22, on plan sheets in the SWPPP. [Minn. R. 7090]
5.13	If permittees determine compliance with the following requirements is infeasible, they must document the determination in the SWPPP: a. temporary sediment basins as described in item 14.1 through 14.10; and b. for linear projects, if the permanent stormwater treatment system cannot be constructed within the right-of-way, a reasonable attempt must be made to obtain additional right-of-way (item 15.9); and c. buffer zones as described in item 9.17 and item 23.22. [Minn. R. 7090]
5.14	If permittees determine that a temporary sediment basin is infeasible as described in item 14.10, the SWPPP must describe the alternative BMPs used. [Minn. R. 7090]
5.15	Where systems cannot meet the full volume reduction requirement on site, (e.g., the site has infiltration prohibitions, see item 16.14 through item 16.22) the permittee must document the reasons in the SWPPP. [Minn. R. 7090]
5.16	The SWPPP must include any stormwater mitigation measures proposed to be part of the final project in any environmental review document, endangered species review, archeological or other required local, state or federal review conducted for the project. For purposes of this permit, mitigation measures means actions necessary to avoid, minimize, or mitigate for impacts related to erosion prevention, sediment control, the permanent stormwater treatment system, pollution prevention management measures and discharges associated with the project's construction activity. [Minn. R. 7090]
5.17	The SWPPP must describe the methods used for permanent cover of all exposed soil areas. [Minn. R. 7090]
5.18	Permittees must identify the locations of areas where construction will be phased to minimize the duration of exposed soil areas in the SWPPP. [Minn. R. 7090]
5.19	For projects with a discharge point on the project within one (1) mile (aerial radius measurement) of and which flows to an impaired water, permittees must identify the impaired water(s), and any United States Environmental Protection Agency (USEPA)-approved Total Maximum Daily Load (TMDL) for the pollutant(s) or stressor(s) identified in item 23.17. Permittees' identification must include those TMDLs approved at any time prior to permit application submittal and are still in effect. [Minn. R. 7090]
5.20	Permittees must document in the SWPPP, all trained individuals identified in item 21.4 through 21.6. Documentation must include: a. names of personnel required to be trained; and b. dates of training and name of instructor(s) and entity providing training; and c. content of training course. If permittees do not know the names of the individuals at the time of application, the permittees must ensure they document training before construction activity commences. [Minn. R. 7090]
5.21	The SWPPP must identify a person knowledgeable and experienced in the application of erosion prevention and sediment control BMPs who will coordinate with all operators on site and oversee the implementation of the SWPPP. [Minn. R. 7090]
5.22	The SWPPP must describe any specific chemicals and chemical treatment systems used for enhancing the sedimentation process and how it achieves compliance with item 9.18. [Minn. R. 7090]
5.23	The SWPPP must identify the person(s) responsible for long-term operation and maintenance of permanent stormwater treatment systems. [Minn. R. 7090]
5.24	The SWPPP must describe methods to minimize soil compaction and preserve topsoil. Minimizing soil compaction is not required where the function of a specific area dictates compaction. [Minn. R. 7090]
5.25	The SWPPP must include any site assessments for groundwater or soil contamination required in item 16.15. [Minn. R. 7090]

5.26	The SWPPP must account for the following factors in designing temporary erosion prevention and sediment control BMPs: a. the expected amount, frequency, intensity, and duration of precipitation; and b. the nature of stormwater runoff and run-on at the site, including factors such as expected flow from impervious surfaces, slopes, and site drainage features; and c. if stormwater flow is channelized, peak flowrates and total stormwater volume to minimize erosion at outlets and to minimize downstream channel and streambank erosion; and d. the range of soil particle sizes expected to be present. [Minn. R. 7090]
6.1	SWPPP Amendments. [Minn. R. 7090]
6.2	One of the individuals described in item 21.4 or item 21.5 or another qualified individual must complete all SWPPP changes. Changes involving the use of a less stringent BMP must include a justification describing how the replacement BMP is effective for the site characteristics. [Minn. R. 7090]
6.3	Permittees must amend the SWPPP to include additional or modified BMPs as necessary to correct problems identified or address situations whenever there is a change in design, construction, operation, maintenance, weather or seasonal conditions having a significant effect on the discharge of pollutants to surface waters or groundwater. [Minn. R. 7090]
6.4	Permittees must amend the SWPPP to include additional or modified BMPs as necessary to correct problems identified or address situations whenever inspections or investigations by the site owner or operator, USEPA or MPCA officials indicate the SWPPP is not effective in eliminating or significantly minimizing the discharge of pollutants to surface waters or groundwater or the discharges are causing water quality standard exceedances (e.g., nuisance conditions as defined in Minn. R. 7050.0210, subp. 2) or the SWPPP is not consistent with the objectives of a USEPA approved TMDL. [Minn. R. 7050.0210]
7.1	BMP Selection and Installation. [Minn. R. 7090]
7.2	Permittees must select, install, and maintain the BMPs identified in the SWPPP and in this permit in an appropriate and functional manner and in accordance with relevant manufacturer specifications and accepted engineering practices. [Minn. R. 7090]
8.1	Erosion Prevention Practices. [Minn. R. 7090]
8.2	Permittees must delineate the location of areas not to be disturbed before work begins. [Minn. R. 7090]
8.3	Permittees must minimize the need for disturbance of portions of the project with steep slopes. When steep slopes must be disturbed, permittees must use techniques such as phasing and stabilization practices designed for steep slopes (e.g., slope draining and terracing). [Minn. R. 7090]
8.4	Permittees must stabilize all exposed soil areas, including stockpiles. Stabilization must be initiated immediately to limit soil erosion when construction activity has permanently or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed no later than 14 calendar days after the construction activity has ceased. Stabilization is not required on constructed base components of roads, parking lots and similar surfaces. Stabilization is not required on temporary stockpiles without significant silt, clay or organic components (e.g., clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles) but must provide sediment controls at the base of the stockpile. [Minn. R. 7090]
8.5	For Public Waters that the Minnesota DNR has promulgated "work in water restrictions" during specified fish spawning time frames, permittees must complete stabilization of all exposed soil areas within 200 feet of the water's edge, and that drain to these waters, within 24 hours during the restriction period. [Minn. R. 7090]
8.6	Permittees must stabilize the normal wetted perimeter of the last 200 linear feet of temporary or permanent drainage ditches or swales that drain water from the site within 24 hours after connecting to a surface water or property edge. Permittees must complete stabilization of remaining portions of temporary or permanent ditches or swales within 14 calendar days after connecting to a surface water or property edge and construction in that portion of the ditch temporarily or permanently ceases. [Minn. R. 7090]
8.7	Temporary or permanent ditches or swales being used as a sediment containment system during construction (with properly designed rock-ditch checks, bio rolls, silt dikes, etc.) do not need to be stabilized. Permittees must stabilize these areas within 24 hours after their use as a sediment containment system ceases. [Minn. R. 7090]
8.8	Permittees must not use mulch, hydromulch, tackifier, polyacrylamide or similar erosion prevention practices within any portion of the normal wetted perimeter of a temporary or permanent drainage ditch or swale section with a continuous slope of greater than 2 percent. [Minn. R. 7090]
8.9	Permittees must provide temporary or permanent energy dissipation at all pipe outlets within 24 hours after connection to a surface water or permanent stormwater treatment system. [Minn. R. 7090]
8.10	The permittee must not disturb more land (i.e., phasing) than can be effectively inspected and maintained in accordance with item 11.1 through 11.11. [Minn. R. 7090]
9.1	Sediment Control Practices. [Minn. R. 7090]
9.2	Permittees must establish sediment control BMPs on all downgradient perimeters of the site and downgradient areas of the site that drain to any surface water, including curb and gutter systems. Permittees must locate sediment control practices upgradient of any buffer zones. Permittees must install sediment control practices before any upgradient land-disturbing activities begin and must keep the sediment control practices in place until they establish permanent cover. [Minn. R. 7090]
9.3	If downgradient sediment controls are overloaded, based on frequent failure or excessive maintenance requirement, permittees must install additional upgradient sediment control practices or redundant BMPs to eliminate the overloading and amend the SWPPP to identify these additional practices as required in item 6.3. [Minn. R. 7090]
9.4	Temporary or permanent drainage ditches and sediment basins designed as part of a sediment containment system (e.g., ditches with rock-check dams) require sediment control practices only as appropriate for site conditions. [Minn. R. 7090]
9.5	A floating silt curtain placed in the water is not a sediment control BMP to satisfy item 9.2 except when working on a shoreline or below the waterline. Immediately after the short term construction activity (e.g., installation of rip rap along the shoreline) in that area is complete, permittees must install an upland perimeter control practice if exposed soils still drain to a surface water. [Minn. R. 7090]
9.6	Permittees must re-install all sediment control practices adjusted or removed to accommodate short-term activities such as clearing or grubbing, or passage of vehicles, immediately after the short-term activity is completed. Permittees must re-install sediment control practices before the next precipitation event even if the short-term activity is not complete. [Minn. R. 7090]
9.7	Permittees must protect all storm drain inlets using appropriate BMPs during construction until they stabilize all sources with potential for discharging to the inlet. [Minn. R. 7090]
9.8	Permittees may remove inlet protection for a particular inlet if a specific safety concern (e.g. street flooding/freezing) is identified by the permittees or the jurisdictional authority (e.g., city/county/township/Minnesota Department of Transportation engineer). Permittees must document the need for removal in the SWPPP. [Minn. R. 7090]
9.9	Permittees must provide silt fence or other effective sediment controls at the base of stockpiles. [Minn. R. 7090]
9.10	Permittees must locate stockpiles outside of natural buffers or surface waters, including stormwater conveyances such as curb and gutter systems unless there is a bypass in place for the stormwater. [Minn. R. 7090]
9.11	Permittees must install a vehicle tracking BMP to minimize the track out of sediment from the construction site or onto paved roads within the site. [Minn. R. 7090]
9.12	Permittees must use street sweeping if vehicle tracking BMPs are not adequate to prevent sediment tracking onto the street. [Minn. R. 7090]
9.13	Permittees must install temporary sedimentation basins as required in item 14.1 through 14.10. [Minn. R. 7090]

9.14	In any areas of the site where final vegetative stabilization will occur, permittees must restrict vehicle and equipment use to avoid soil compaction. [Minn. R. 7090]
9.15	Permittees must preserve topsoil on the site, unless infeasible. [Minn. R. 7090]
9.16	Permittees must direct discharges from BMPs to vegetated areas unless infeasible. [Minn. R. 7090]
9.17	Permittees must preserve a 50 foot natural buffer or, if a buffer is infeasible on the site, provide redundant (double) perimeter sediment controls when a surface water is located within 50 feet of the project's land disturbances and stormwater flows to the surface water. Permittees must install perimeter sediment controls at least 5 feet apart unless limited by lack of available space. Natural buffers are not required adjacent to road ditches, judicial ditches, county ditches, stormwater conveyance channels, storm drain inlets, and sediment basins. If preserving the buffer is infeasible, permittees must document the reasons in the SWPPP. [Minn. R. 7090]
9.18	Permittees must use polymers, flocculants, or other sedimentation treatment chemicals in accordance with accepted engineering practices, dosing specifications and sediment removal design specifications provided by the manufacturer or supplier. The permittees must use conventional erosion and sediment controls prior to chemical addition and must direct treated stormwater to a sediment control system for filtration or settlement of the floc prior to discharge. [Minn. R. 7090]
10.1	Dewatering and Basin Draining. [Minn. R. 7090]
10.2	Permittees must discharge turbid or sediment-laden waters related to dewatering or basin draining (e.g., pumped discharges, trench/ditch cuts for drainage) to a temporary or permanent sedimentation basin on the project site unless infeasible. Permittees may dewater to surface waters if they visually check to ensure adequate treatment has been obtained and nuisance conditions (see Minn. R. 7050.0210, subp. 2) will not result from the discharge. If permittees cannot discharge the water to a sedimentation basin prior to entering a surface water, permittees must treat it with appropriate BMPs such that the discharge does not adversely affect the surface water or downstream properties. [Minn. R. 7050.0210]
10.3	If permittees must discharge water containing oil or grease, they must use an oil-water separator or suitable filtration device (e.g., cartridge filters, absorbents pads) prior to discharge. [Minn. R. 7090]
10.4	Permittees must discharge all water from dewatering or basin-draining activities in a manner that does not cause erosion in receiving channels, at discharge points, on downslope properties or inundation in wetlands causing significant adverse impact to the wetland. [Minn. R. 7090]
10.5	If permittees use filters with backwash water, they must haul the backwash water away for disposal, return the backwash water to the beginning of the treatment process, or incorporate the backwash water into the site in a manner that does not cause erosion. [Minn. R. 7090]
11.1	Inspections and Maintenance. [Minn. R. 7090]
11.2	Permittees must ensure a trained person, as identified in item 21.5, will inspect the entire construction site at least once every seven (7) days during active construction and within 24 hours after a rainfall event greater than 1/2 inch in 24 hours. [Minn. R. 7090]
11.3	Permittees must inspect and maintain all permanent stormwater treatment BMPs. [Minn. R. 7090]
11.4	Permittees must inspect all erosion prevention and sediment control BMPs and Pollution Prevention Management Measures to ensure integrity and effectiveness. Permittees must repair, replace or supplement all nonfunctional BMPs with functional BMPs prior to the next anticipated rain event or within three (3) calendar days whichever comes first unless another time frame is specified in item 11.5 or 11.6. Permittees may take additional time if field conditions prevent access to the area. [Minn. R. 7090]
11.5	During each inspection, permittees must inspect surface waters, including drainage ditches and conveyance systems but not curb and gutter systems, for evidence of erosion and sediment deposition. Permittees must remove all deltas and sediment deposited in surface waters, including drainage ways, catch basins, and other drainage systems and restabilize the areas where sediment removal results in exposed soil. Permittees must complete removal and stabilization within seven (7) calendar days of discovery unless precluded by legal, regulatory, or physical access constraints. Permittees must use all reasonable efforts to obtain access. If precluded, removal and stabilization must take place within seven (7) days of obtaining access. Permittees are responsible for contacting all local, regional, state and federal authorities and receiving any applicable permits, prior to conducting any work in surface waters. [Minn. R. 7090]
11.6	Permittees must inspect construction site vehicle exit locations, streets and curb and gutter systems within and adjacent to the project for sedimentation from erosion or tracked sediment from vehicles. Permittees must remove sediment from all paved surfaces within one (1) calendar day of discovery or, if applicable, within a shorter time to avoid a safety hazard to users of public streets. [Minn. R. 7090]
11.7	Permittees must repair, replace or supplement all perimeter control devices when they become nonfunctional or the sediment reaches 1/2 of the height of the device. [Minn. R. 7090]
11.8	Permittees must drain temporary and permanent sedimentation basins and remove the sediment when the depth of sediment collected in the basin reaches 1/2 the storage volume. [Minn. R. 7090]
11.9	Permittees must ensure that at least one individual present on the site (or available to the project site in three (3) calendar days) is trained in the job duties described in item 21.5. [Minn. R. 7090]
11.10	Permittees may adjust the inspection schedule described in item 11.2 as follows: a. inspections of areas with permanent cover can be reduced to once per month, even if construction activity continues on other portions of the site; or b. where sites have permanent cover on all exposed soil and no construction activity is occurring anywhere on the site, inspections can be reduced to once per month and, after 12 months, may be suspended completely until construction activity resumes. The MPCA may require inspections to resume if conditions warrant; or c. where construction activity has been suspended due to frozen ground conditions, inspections may be suspended. Inspections must resume within 24 hours of runoff occurring, or upon resuming construction, whichever comes first. [Minn. R. 7090]
11.11	Permittees must record all inspections and maintenance activities within 24 hours of being conducted and these records must be retained with the SWPPP. These records must include: a. date and time of inspections; and b. name of persons conducting inspections; and c. accurate findings of inspections, including the specific location where corrective actions are needed; and d. corrective actions taken (including dates, times, and party completing maintenance activities); and e. date of all rainfall events greater than 1/2 inches in 24 hours, and the amount of rainfall for each event. Permittees must obtain rainfall amounts by either a properly maintained rain gauge installed onsite, a weather station that is within one (1) mile of your location, or a weather reporting system that provides site specific rainfall data from radar summaries; and f. if permittees observe a discharge during the inspection, they must photograph and describe the discharge (i.e., location, color, settled or suspended solids, oil sheen, and other obvious indicators of pollutants); and g. any amendments to the SWPPP proposed as a result of the inspection must be documented as required in item 6.1 through 6.4 within seven (7) calendar days. [Minn. R. 7090]
12.1	Pollution Prevention Management Measures. [Minn. R. 7090]
12.2	Permittees must place building products and landscape materials under cover (e.g., plastic sheeting or temporary roofs) or protect them by similarly effective means designed to minimize contact with stormwater. Permittees are not required to cover or protect products which are either not a source of contamination to stormwater or are designed to be exposed to stormwater. [Minn. R. 7090]
12.3	Permittees must place pesticides, herbicides, insecticides, fertilizers and treatment chemicals under cover (e.g., plastic sheeting or temporary roofs) or protect them by similarly effective means designed to minimize contact with stormwater. [Minn. R. 7090]

12.4	Permittees must store hazardous materials and toxic waste, (including oil, diesel fuel, gasoline, hydraulic fluids, paint solvents, petroleum-based products, wood preservatives, additives, curing compounds, and acids) in sealed containers to prevent spills, leaks or other discharge. Storage and disposal of hazardous waste materials must be in compliance with Minn. R. ch. 7045 including secondary containment as applicable. [Minn. R. 7090]
12.5	Permittees must properly store, collect and dispose solid waste in compliance with Minn. R. ch. 7035. [Minn. R. 7090]
12.6	Permittees must position portable toilets so they are secure and will not tip or be knocked over. Permittees must properly dispose sanitary waste in accordance with Minn. R. ch. 7041. [Minn. R. 7041]
12.7	Permittees must take reasonable steps to prevent the discharge of spilled or leaked chemicals, including fuel, from any area where chemicals or fuel will be loaded or unloaded including the use of drip pans or absorbents unless infeasible. Permittees must ensure adequate supplies are available at all times to clean up discharged materials and that an appropriate disposal method is available for recovered spilled materials. Permittees must report and clean up spills immediately as required by Minn. Stat. Sect. 115.061, using dry clean up measures where possible. [Minn. Stat. 115.061]
12.8	Permittees must limit vehicle exterior washing and equipment to a defined area of the site. Permittees must contain runoff from the washing area in a sediment basin or other similarly effective controls and must dispose waste from the washing activity properly. Permittees must properly use and store soaps, detergents, or solvents. [Minn. R. 7090]
12.9	Permittees must provide effective containment for all liquid and solid wastes generated by washout operations (concrete, stucco, paint, form release oils, curing compounds and other construction materials) related to the construction activity. Permittees must prevent liquid and solid washout wastes from contacting the ground and must design the containment so it does not result in runoff from the washout operations or areas. Permittees must properly dispose liquid and solid wastes in compliance with MPCA rules. Permittees must install a sign indicating the location of the washout facility. [Minn. R. 7090]
13.1	Permit Termination Conditions. [Minn. R. 7090]
13.2	Permittees must complete all construction activity and must install permanent cover over all areas prior to submitting the NOT. Vegetative cover must consist of a uniform perennial vegetation with a density of 70 percent of its expected final growth. Vegetation is not required where the function of a specific area dictates no vegetation, such as impervious surfaces or the base of a sand filter. [Minn. R. 7090]
13.3	Permittees must clean the permanent stormwater treatment system of any accumulated sediment and must ensure the system meets all applicable requirements in item 15.1 through 19.2 and is operating as designed. [Minn. R. 7090]
13.4	Permittees must remove all sediment from conveyance systems prior to submitting the NOT. [Minn. R. 7090]
13.5	Permittees must remove all temporary synthetic erosion prevention and sediment control BMPs prior to submitting the NOT. Permittees may leave BMPs designed to decompose on site in place. [Minn. R. 7090]
13.6	For residential construction only, permit coverage terminates on individual lots if the structures are finished and temporary erosion prevention and downgradient perimeter control is complete, the residence sells to the homeowner, and the permittee distributes the MPCA's "Homeowner Fact Sheet" to the homeowner. [Minn. R. 7090]
13.7	For construction projects on agricultural land (e.g., pipelines across cropland), permittees must return the disturbed land to its preconstruction agricultural use prior to submitting the NOT. [Minn. R. 7090]
14.1	Temporary Sediment Basins. [Minn. R. 7090]
14.2	Where ten (10) or more acres of disturbed soil drain to a common location, permittees must provide a temporary sediment basin to provide treatment of the runoff before it leaves the construction site or enters surface waters. Permittees may convert a temporary sediment basin to a permanent basin after construction is complete. The temporary basin is no longer required when permanent cover has reduced the acreage of disturbed soil to less than ten (10) acres draining to a common location. [Minn. R. 7090]
14.3	The temporary basin must provide live storage for a calculated volume of runoff from a two (2)-year, 24-hour storm from each acre drained to the basin or 1,800 cubic feet of live storage per acre drained, whichever is greater. [Minn. R. 7090]
14.4	Where permittees have not calculated the two (2)-year, 24-hour storm runoff amount, the temporary basin must provide 3,600 cubic feet of live storage per acre of the basins drainage area. [Minn. R. 7090]
14.5	Permittees must design basin outlets to prevent short-circuiting and the discharge of floating debris. [Minn. R. 7090]
14.6	Permittees must design the outlet structure to withdraw water from the surface to minimize the discharge of pollutants. Permittees may temporarily suspend the use of a surface withdrawal mechanism during frozen conditions. The basin must include a stabilized emergency overflow to prevent failure of pond integrity. [Minn. R. 7090]
14.7	Permittees must provide energy dissipation for the basin outlet within 24 hours after connection to a surface water. [Minn. R. 7090]
14.8	Permittees must locate temporary basins outside of surface waters and any buffer zone required in item 23.22. [Minn. R. 7090]
14.9	Permittees must construct the temporary basins prior to disturbing 10 or more acres of soil draining to a common location. [Minn. R. 7090]
14.10	Where temporary sediment basins meeting the requirements of item 14.3 through 14.9 is infeasible, permittees must install equivalent sediment controls as dictated by individual site conditions. In determining whether installing a sediment basin is infeasible, permittees must consider public safety and may consider factors such as site soils, slope, and available area on site. Permittees must document this determination of infeasibility in the SWPPP. [Minn. R. 7090]
15.1	Permanent Stormwater Treatment System. [Minn. R. 7090]
15.2	Permittees must design the project so all stormwater discharged from the project during and after construction activities does not cause a violation of state water quality standards, including nuisance conditions, erosion in receiving channels or on downslope properties, or a significant adverse impact to wetlands caused by inundation or decrease of flow. [Minn. R. 7090]
15.3	Permittees must design and construct a permanent stormwater treatment system to treat the water quality volume if the project's ultimate development replaces vegetation and/or other pervious surfaces creating a net increase of one (1) or more acres of cumulative impervious surface. [Minn. R. 7090]
15.4	Permittees must calculate the water quality volume as one (1) inch times the net increase of impervious surfaces created by the project. [Minn. R. 7090]
15.5	Permittees must first consider volume reduction practices on site (e.g. infiltration or other) when designing the permanent stormwater treatment system. If this permit prohibits infiltration as described in item 16.14 through item 16.22, permittees may consider a wet sedimentation basin, filtration basin or regional pond. This permit does not consider wet sedimentation basins and filtration systems to be volume reduction practices. [Minn. R. 7090]
15.6	For projects where the full volume reduction requirement cannot be met on site, (i.e., the site has infiltration prohibitions), permittee must document the reasons in the SWPPP. [Minn. R. 7090]
15.7	Permittees must discharge the water quality volume to a permanent stormwater treatment system prior to discharge to a surface water. For purposes of this item, surface waters do not include man-made drainage systems that convey stormwater to a permanent stormwater treatment system. [Minn. R. 7090]
15.8	Where the proximity to bedrock precludes the installation of any of the permanent stormwater treatment practices required by item 15.1 through 19.2, permittees must install other treatment such as grassed swales, smaller ponds, or grit chambers, prior to the discharge of stormwater to surface waters. [Minn. R. 7090]

15.9	For linear projects where permittees cannot treat the entire water quality volume within the existing right-of-way, permittees must make a reasonable attempt to obtain additional right-of-way, easement or other permission for stormwater treatment during the project planning process. Documentation of these attempts must be in the SWPPP. Permittees must still consider volume reduction practices first as described in item 15.5. If permittees cannot obtain additional right-of-way, easement or other permission, they must maximize the treatment of the water quality volume prior to discharge to surface waters. [Minn. R. 7090]
16.1	Infiltration Systems. [Minn. R. 7090]
16.2	Infiltration options include, but are not limited to: infiltration basins, infiltration trenches, rainwater gardens, bioretention areas without underdrains, swales with impermeable check dams, and natural depressions. If permittees utilize an infiltration system to meet the requirements of this permit, they must incorporate the design parameters in item 16.3 through item 16.22. Permittees must follow the infiltration prohibition in item 16.14 anytime an infiltration system is designed, including those not required by this permit. [Minn. R. 7090]
16.3	Permittees must design infiltration systems such that pre-existing hydrologic conditions of wetlands in the vicinity are not impacted (e.g., inundation or breaching a perched water table supporting a wetland). [Minn. R. 7090]
16.4	Permittees must not excavate infiltration systems to final grade, or within three (3) feet of final grade, until the contributing drainage area has been constructed and fully stabilized unless they provide rigorous erosion prevention and sediment controls (e.g., diversion berms) to keep sediment and runoff completely away from the infiltration area. [Minn. R. 7090]
16.5	When excavating an infiltration system to within three (3) feet of final grade, permittees must stake off and mark the area so heavy construction vehicles or equipment do not compact the soil in the infiltration area. [Minn. R. 7090]
16.6	Permittees must use a pretreatment device such as a vegetated filter strip, forebay, or water quality inlet (e.g., grit chamber) to remove solids, floating materials, and oil and grease from the runoff, to the maximum extent practicable, before the stormwater discharges into the infiltration system. [Minn. R. 7090]
16.7	Permittees must design infiltration systems to provide a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the new impervious surfaces created by the project. [Minn. R. 7090]
16.8	Permittees must design the infiltration system to discharge all stormwater (including stormwater in excess of the water quality volume) routed to the system through the uppermost soil surface or engineered media surface within 48 hours. Permittees must route additional flows that cannot infiltrate within 48 hours to bypass the system through a stabilized discharge point. [Minn. R. 7090]
16.9	Permittees must provide a means to visually verify the infiltration system is discharging through the soil surface or filter media surface within 48 hours or less. [Minn. R. 7090]
16.10	Permittees must provide at least one soil boring, test pit or infiltrometer test in the location of the infiltration practice for determining infiltration rates. [Minn. R. 7090]
16.11	For design purposes, permittees must divide field measured infiltration rates by 2 as a safety factor or permittees can use soil-boring results with the infiltration rate chart in the Minnesota Stormwater Manual to determine design infiltration rates. When soil borings indicate type A soils, permittees should perform field measurements to verify the rate is not above 8.3 inches per hour. This permit prohibits infiltration if the field measured infiltration rate is above 8.3 inches per hour. [Minn. R. 7090]
16.12	Permittees must employ appropriate on site testing ensure a minimum of three (3) feet of separation from the seasonally saturated soils (or from bedrock) and the bottom of the proposed infiltration system. [Minn. R. 7090]
16.13	Permittees must design a maintenance access, typically eight (8) feet wide, for the infiltration system. [Minn. R. 7090]
16.14	This permit prohibits permittees from constructing infiltration systems that receive runoff from vehicle fueling and maintenance areas including construction of infiltration systems not required by this permit. [Minn. R. 7090]
16.15	This permit prohibits permittees from constructing infiltration systems where infiltrating stormwater may mobilize high levels of contaminants in soil or groundwater. Permittees must either complete the MPCA's site screening assessment checklist or conduct their own assessment to determine the suitability for infiltration. Permittees must retain the assessment with the SWPPP. For more information and to access the MPCA's screening assessment tool see the Minnesota Stormwater Manual. [Minn. R. 7090]
16.16	This permit prohibits permittees from constructing infiltration systems in areas that receive runoff from the following industrial facilities not authorized to infiltrate stormwater under the NPDES stormwater permit for industrial activities: automobile salvage yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing activities. [Minn. R. 7090]
16.17	This permit prohibits permittees from constructing infiltration systems in areas where soil infiltration rates (including amended soils) are field measured at more than 8.3 inches per hour unless they amend soils to slow the infiltration rate below 8.3 inches per hour. [Minn. R. 7090]
16.18	This permit prohibits permittees from constructing infiltration systems in areas of predominately Hydrologic Soil Group type D soils (clay). [Minn. R. 7090]
16.19	This permit prohibits permittees from constructing infiltration systems in areas within 1,000 feet upgradient or 100 feet downgradient of active karst features. [Minn. R. 7090]
16.20	This permit prohibits permittees from constructing infiltration systems within an Emergency Response Area as defined by the Minnesota Department of Health. [Minn. R. 7090]
16.21	This permit prohibits permittees from constructing infiltration systems in areas within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13, classified as having high or very high vulnerability, unless a regulated MS4 Permittee has performed a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. [Minn. R. 7090]
16.22	This permit prohibits permittees from constructing infiltration systems in areas with less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. [Minn. R. 7090]
17.1	Filtration Systems. [Minn. R. 7090]
17.2	Filtration options include, but are not limited to: sand filters with underdrains, biofiltration areas, swales using underdrains with check dams and underground sand filters. If permittees utilize a filtration system to meet the permanent stormwater treatment requirements of this permit, they must comply with items 17.3 through 17.11. [Minn. R. 7090]
17.3	Permittees must not install filter media until they construct and fully stabilize the contributing drainage area unless they provide rigorous erosion prevention and sediment controls (e.g., diversion berms) to keep sediment and runoff completely away from the filtration area. [Minn. R. 7090]
17.4	Permittees must design filtration systems to remove at least 80 percent of TSS. [Minn. R. 7090]
17.5	Permittees must use a pretreatment device such as a vegetated filter strip, small sedimentation basin, water quality inlet, forebay or hydrodynamic separator to remove settleable solids, floating materials, and oils and grease from the runoff, to the maximum extent practicable, before runoff enters the filtration system. [Minn. R. 7090]
17.6	Permittees must design filtration systems to treat a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the new impervious surfaces created by the project. [Minn. R. 7090]

17.7	Permittees must design the filtration system to discharge all stormwater (including stormwater in excess of the water quality volume) routed to the system through the uppermost soil surface or engineered media surface within 48 hours. Additional flows that the system cannot filter within 48 hours must bypass the system or discharge through an emergency overflow. [Minn. R. 7090]
17.8	Permittees must design the filtration system to provide a means to visually verify the system is discharging through the soil surface or filter media within 48 hours. [Minn. R. 7090]
17.9	Permittees must employ appropriate on-site testing to ensure a minimum of three (3) feet of separation between the seasonally saturated soils (or from bedrock) and the bottom of the proposed filtration system. [Minn. R. 7090]
17.10	Permittees must ensure that filtration systems with less than three (3) feet of separation between seasonally saturated soils or from bedrock are constructed with an impermeable liner. [Minn. R. 7090]
17.11	The permittees must design a maintenance access, typically eight (8) feet wide, for the filtration system. [Minn. R. 7090]
18.1	Wet Sedimentation Basin. [Minn. R. 7090]
18.2	Permittees using a wet sedimentation basin to meet the permanent stormwater treatment requirements of this permit must incorporate the design parameters in item 18.3 through 18.10. [Minn. R. 7090]
18.3	Permittees must design the basin to have a permanent volume of 1,800 cubic feet of storage below the outlet pipe for each acre that drains to the basin. The basin's permanent volume must reach a minimum depth of at least three (3) feet and must have no depth greater than 10 feet. Permittees must configure the basin to minimize scour or resuspension of solids. [Minn. R. 7090]
18.4	Permittees must design the basin to provide live storage for a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the new impervious surfaces created by the project. [Minn. R. 7090]
18.5	Permittees must design basin outlets so the water quality volume discharges at no more than 5.66 cubic feet per second (cfs) per acre of surface area of the basin. [Minn. R. 7090]
18.6	Permittees must design basin outlets to prevent short-circuiting and the discharge of floating debris. Basin outlets must have energy dissipation. [Minn. R. 7090]
18.7	Permittees must design the basin to include a stabilized emergency overflow to accommodate storm events in excess of the basin's hydraulic design. [Minn. R. 7090]
18.8	Permittees must design a maintenance access, typically eight (8) feet wide, for the basin. [Minn. R. 7090]
18.9	Permittees must locate basins outside of surface waters and any buffer zone required in item 23.22. Permittees must design basins to avoid draining water from wetlands unless the impact to the wetland complies with the requirements of item 22.1 through 22.4. [Minn. R. 7090]
18.10	Permittees must design basins using an impermeable liner if located within active karst terrain. [Minn. R. 7090]
19.1	Regional Wet Sedimentation Basins. [Minn. R. 7090]
19.2	When the entire water quality volume cannot be retained onsite, permittees can use or create regional wet sedimentation basins provided they are constructed basins, not a natural wetland or water body, (wetlands used as regional basins must be mitigated for, see item 22.1 through 22.4). The owner must ensure the regional basin conforms to all requirements for a wet sedimentation basin as described in item 18.1 through 18.10 and must be large enough to account for the entire area that drains to the regional basin. Permittees must verify that the regional basin will discharge at no more than 5.66 cfs per acre of surface area of the basin and must provide a live storage volume of one inch times all the impervious area draining to the basin. Permittees cannot significantly degrade waterways between the project and the regional basin. The owner must obtain written authorization from the applicable local governmental unit (LGU) or private entity that owns and maintains the regional basin. [Minn. R. 7090]
20.1	SWPPP Availability. [Minn. R. 7090]

20.2	Permittees must keep the SWPPP, including all changes to it, and inspections and maintenance records at the site during normal working hours by permittees who have operational control of that portion of the site. [Minn. R. 7090]
21.1	Training Requirements. [Minn. R. 7090]
21.2	Permittees must ensure the content and extent of training required in item 21.3 is commensurate with the individual's job duties and responsibilities with regard to activities covered under this permit. [Minn. R. 7092]
21.3	Permittees must ensure individuals identified in item 21.4 through 21.6 receive training from local, state, federal agencies, professional organizations, or other entities with expertise in erosion prevention, sediment control, permanent stormwater treatment and the Minnesota NPDES/SDS Construction Stormwater permit. Permittees must ensure these individuals attend a refresher-training course every three (3) years. [Minn. R. 7094]
21.4	Permittees must ensure individual(s) trained in accordance with item 21.2 prepare the SWPPP. [Minn. R. 7090]
21.5	Permittees must ensure individual(s) trained in accordance with item 21.2 oversee implementation of, revise and amend the SWPPP and individuals perform inspections as required in item 11.2. Permittees must ensure that at least one trained individual is available for an onsite inspection within 72 hours upon request by the MPCA. [Minn. R. 7090]
21.6	Permittees must ensure the individuals trained in accordance with item 21.2 perform or supervise the installation, maintenance and repair of BMPs. Permittees must ensure at least one individual on a project be trained in these job duties. [Minn. R. 7090]
22.1	Requirements for Discharges to Wetlands. [Minn. R. 7140]
22.2	If the project has any discharges with the potential for significant adverse impacts to a wetland, (e.g., conversion of a natural wetland to a stormwater pond) permittees must demonstrate that the wetland mitigative sequence has been followed in accordance with item 22.3 or 22.4. [Minn. R. 7141]
22.3	If the potential adverse impacts to a wetland on a specific project site are addressed by permits or other approvals from an official statewide program (U.S. Army Corps of Engineers 404 program, Minnesota Department of Natural Resources, or the State of Minnesota Wetland Conservation Act) that are issued specifically for the project and project site, permittees may use the permit or other determination issued by these agencies to show the potential adverse impacts are addressed. For purposes of this permit, deminimus actions are determinations by the permitting agency that address the project impacts, whereas a non-jurisdictional determination does not address project impacts. [Minn. R. 7142]
22.4	If there are impacts from the project not addressed in one of the permits or other determinations discussed in item 22.3 (e.g., permanent inundation or flooding of the wetland, significant degradation of water quality, excavation, filling, draining), permittees must minimize all adverse impacts to wetlands by utilizing appropriate measures. Permittees must use measures based on the nature of the wetland, its vegetative community types and the established hydrology. These measures include in order of preference: a. avoid all significant adverse impacts to wetlands from the project and post-project discharge; b. minimize any unavoidable impacts from the project and post-project discharge; c. provide compensatory mitigation when the permittees determine(s) that there is no reasonable and practicable alternative to having a significant adverse impact on a wetland. For compensatory mitigation, wetland restoration or creation must be of the same type, size and whenever reasonable and practicable in the same watershed as the impacted wetland. [Minn. R. 7143]
23.1	Discharges to Special (Prohibited, Restricted, Other) and Impaired Waters. [Minn. R. 7090]
23.2	Additional BMPs are required for discharges to the following special waters (prohibited, restricted, other) and impaired waters. The BMPs identified for each special or impaired water are required for those areas of the project draining to a discharge point on the project that is within one mile (aerial radius measurement) of special or impaired water and flows to that special or impaired water. [Minn. R. 7090]
23.3	Prohibited Waters (Minn. R. 7050.0335 Subp. 3) includes item 23.4 through 23.6. [Minn. R. 7050.0335]
23.4	Discharges to the following Wilderness Areas must incorporate the BMPs outlined in item 23.20, 23.21, 23.22, 23.24 and 23.25: 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. [Minn. R. 7050.0335]
23.5	Discharges to the following portions of Lake Superior must incorporate the BMPs outlined in 23.20, 23.21, 23.22, 23.24 and 23.25: North of latitude 47 degrees, 57 minutes, 13 seconds, East of Hat Point, south of the Minnesota-Ontario boundary, and West of the Minnesota-Michigan boundary. [Minn. R. 7050.0335]
23.6	Discharges to the following Scientific and Natural Areas must incorporate the BMPs outlined in item 23.20, 23.21, 23.22, 23.24 and 23.25: 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. [Minn. R. 7050.0335]
23.7	Restricted Waters (Minn. R. 7050.0335 Subp, 1) includes item 23.8 through 23.12. [Minn. R. 7050.0335]
23.8	Discharges to Lake Superior, except those portions identified as prohibited (item 23.5), must incorporate the BMPs outlined in 23.20, 23.21 and 23.22. [Minn. R. 7050.0335]
23.9	Discharges to 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 must incorporate the BMPs outlined in 23.20, 23.21 and 23.22. [Minn. R. 7050.0335]
23.10	Discharges to the following Scenic or Recreational River Segments must incorporate the BMPs outlined in item 23.20, 23.21 and 23.22: 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 qui 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; and Rum River from State Highway 27 bridge in Onamia to Madison and Rice streets in Anoka. [Minn. R. 7050.0335]
23.11	Discharges to the Lake Trout Lakes identified in Minn. R. 7050.0335 including those inside the boundaries of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park must incorporate the BMPs outlined in 23.20, 23.21 and 23.22. [Minn. R. 7050.0335]
23.12	Discharges to Calcareous Fens listed in Minn. R 7050.0335, subp. 1 must incorporate the BMPs outlined in 23.20, 23.21 and 23.22. [Minn. R. 7050.0335]
23.13	Other Special Waters includes item 23.14 and 23.15. [Minn. R. 7090]
23.14	Discharges to the Trout Lakes identified in Minn. R. 6264.0050, subp. 2 must incorporate the BMPs outlined in 23.20, 23.21 and 23.22. [Minn. R. 6264.0050, Subp. 2]
23.15	Discharges to the Trout Streams listed in Minn. R. 6264.0050, subp. 4 must incorporate the BMPs outlined in 23.20, 23.21, 23.22 and 23.23. [Minn. R. 6264.0050, Subp. 4]
23.16	Impaired Waters includes item 23.17 and 23.18. [Minn. R. 7090]
23.17	Impaired waters are waters identified as impaired under section 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). If runoff from the site discharges to an impaired water, or a water with an approved TMDL for any of the impairments listed in this item, discharges to these waters must incorporate the BMPs outlined in item 23.20 and 23.21. [Minn. R. 7090]
23.18	Terms used for the pollutants or stressors in item 23.17 are subject to change. The MPCA will list terminology changes on its construction stormwater website. [Minn. R. 7090]

23.19	Additional BMPs for Special Waters and Impaired Waters includes item 23.20 through 23.25. Where the additional BMPs conflict with requirements elsewhere in this permit, item 23.20 through 23.25 takes precedence. [Minn. R. 7090]
23.20	Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and complete the stabilization within seven (7) calendar days after the construction activity in that portion of the site temporarily or permanently ceases. [Minn. R. 7090]
23.21	Permittees must provide a temporary sediment basin as described in item 14.1 through 14.10 for common drainage locations that serve an area with five (5) or more acres disturbed at one time. [Minn. R. 7090]
23.22	Permittees must include an undisturbed buffer zone of not less than 100 linear feet from a special water (not including tributaries) and must maintain this buffer zone at all times, both during construction and as a permanent feature post construction, except where a water crossing or other encroachment is necessary to complete the project. Permittees must fully document the circumstance and reasons the buffer encroachment is necessary in the SWPPP and include restoration activities. This permit allows replacement of existing impervious surface within the buffer. Permittees must minimize all potential water quality, scenic and other environmental impacts of these exceptions by the use of additional or redundant BMPs and must document this in the SWPPP for the project. [Minn. R. 7090]
23.23	Permittees must design the permanent stormwater treatment system so the discharge from the project minimizes any increase in the temperature of trout streams resulting from the one (1) and two (2) year 24-hour precipitation events. This includes all tributaries of designated trout streams located within the same Public Land Survey System (PLSS) Section. Permittees must incorporate one or more of the following measures, in order of preference: a. Provide stormwater infiltration or other volume reduction practices as described in item 15.4 and 15.5, to reduce runoff. Infiltration systems must discharge all stormwater routed to the system within 24 hours. b. Provide stormwater filtration as described in item 17.1 through 17.11. Filtration systems must discharge all stormwater routed to the system within 24 hours. c. Minimize the discharge from connected impervious surfaces by discharging to vegetated areas, or grass swales, and through the use of other non-structural controls. d. If a dry pond is used, the design must include an appropriate combination of measures such as shading, vegetated swale discharges or constructed wetland treatment cells that limit temperature increases. The pond should be designed to draw down in 24 hours or less. e. Other methods that minimize any increase in the temperature of the trout stream. [Minn. R. 7090]
23.24	Permittees must conduct routine site inspections once every three (3) days as described in item 11.2. [Minn. R. 7090]
23.25	If discharges to prohibited waters cannot provide volume reduction equal to one (1) inch times the net increase of impervious surfaces as required in item 15.4 and 15.5, permittees must develop a permanent stormwater treatment plan that will result in no net increase of TSS or phosphorus to the prohibited water. Permittees must keep the plan in the SWPPP for the project. [Minn. R. 7090]
24.1	General Provisions. [Minn. R. 7090]
24.2	If the MPCA determines that an individual permit would more appropriately regulate the construction activity, the MPCA may require an individual permit to continue the construction activity. Coverage under this general permit will remain in effect until the MPCA issues an individual permit. [Minn. R. 7001.0210, Subp. 6]
24.3	If the permittee cannot meet the terms and conditions of this general permit, an owner may request an individual permit, in accordance with Minn. R. 7001.0210 subp. 6. [Minn. R. 7001.0210, Subp. 6]
24.4	Any interested person may petition the MPCA to require an individual NPDES/SDS permit in accordance with 40 CFR 122.28(b)(3). [40 CFR 122.29(b)(3)]

24.5	Permittees must make the SWPPP, including all inspection reports, maintenance records, training records and other information required by this permit, available to federal, state, and local officials within three (3) days upon request for the duration of the permit and for three (3) years following the NOT. [Minn. R. 7090]
24.6	Permittees may not assign or transfer this permit except when the transfer occurs in accordance with the applicable requirements of item 3.7 and 3.8. [Minn. R. 7090]
24.7	Nothing in this permit must be construed to relieve the permittees from civil or criminal penalties for noncompliance with the terms and conditions provided herein. Nothing in this permit must be construed to preclude the initiation of any legal action or relieve the permittees from any responsibilities, liabilities, or penalties to which the permittees is/are or may be subject to under Section 311 of the Clean Water Act and Minn. Stat. Sect. 115 and 116, as amended. Permittees are not liable for permit requirements for activities occurring on those portions of a site where the permit has been transferred to another party as required in item 3.7 or the permittees have submitted the NOT as required in item 4.1 through 4.4. [Minn. R. 7090]
24.8	The provisions of this permit are severable. If any provision of this permit or the application of any provision of this permit to any circumstances is held invalid, the application of such provision to other circumstances, and the remainder of this permit must not be affected thereby. [Minn. R. 7090]
24.9	Permittees must comply with the provisions of Minn. R. 7001.0150, subp. 3 and Minn. R. 7001.1090, subp. 1(A), 1(B), 1(C), 1(H), 1(I), 1(J), 1(K), and 1(L). [Minn. R. 7090]
24.10	Permittees must allow access as provided in 40 CFR 122.41(i) and Minn. Stat. Sect. 115.04. The permittees must allow representatives of the MPCA or any member, employee or agent thereof, when authorized by it, upon presentation of credentials, to enter upon any property, public or private, for the purpose of obtaining information or examination of records or conducting surveys or investigations. [40 CFR 122.41(i)]
24.11	For the purposes of Minn. R. 7090 and other documents (including this permit) that reference specific sections of this permit, the "Stormwater Discharge Design Requirements" section corresponds to item 5.1 through item 6.4 and item 14.1 through item 21.6; the "Construction Activity Requirements" section corresponds to item 7.1 through 13.7; and "Appendix A" corresponds to item 22.1 through item 23.25. [Minn. R. 7090]
25.1	Definitions. [Minn. R. 7090]
25.2	"Aerial radius measurement" means the shortest straight line distance measurement between the point of stormwater discharge from a project construction site to the nearest edge of the water body receiving the stormwater. This measurement does not follow the meander flow path. [Minn. R. 7090]
25.3	"Best Management Practices (BMPs)" means 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. [Minn. R. 7090]
25.4	"Common Plan of Development or Sale" means 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. [Minn. R. 7090]
25.5	"Construction Activity" means activities including clearing, grading, and excavating, that result in land disturbance of equal to or greater than one acre, including 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 acre. This includes a disturbance to the land that results in a change in the topography, existing soil cover, both vegetative and nonvegetative, 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 five 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 (e.g., mill and overlay projects) is not construction activity. [Minn. R. 7090]
25.6	"Dewatering" means the removal of surface or ground water to dry and/or solidify a construction site to enable construction activity. [Minn. R. 7090]
25.7	"Energy Dissipation" means methods employed at pipe outlets to prevent erosion caused by the rapid discharge of water scouring soils. [Minn. R. 7090]
25.8	"Erosion Prevention" means measures employed to prevent erosion. [Minn. R. 7090]
25.9	"General Contractor" means the party who signs the construction contract with the owner to construct the entire project described in the final plans and specifications. Where the construction project involves more than one contractor, the general contractor is the party responsible for managing the entire project on behalf of the owner. In some cases, the owner is the general contractor. In these cases, the owner signs the permit application as the operator and becomes the sole permittee. [Minn. R. 7090]
25.10	"Groundwater" means 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. [Minn. R. 7060]
25.11	"Homeowner Fact Sheet" means an MPCA fact sheet available on the MPCA Construction Stormwater website for permittees to give to homeowners at the time of sale. [Minn. R. 7090]
25.12	"Infeasible" means not technologically possible or not economically practicable and achievable in light of the best industry practices. [Minn. R. 7090]
25.13	"Initiated immediately" means taking an action to commence soil stabilization as soon as practicable, but no later than the end of the work day, following the day when the earth-disturbing activities temporarily or permanently cease, if the permittees know that construction work on that portion of the site will be temporarily ceased for 14 or more additional calendar days or 7 calendar days where item 23.20 applies. Permittees can initiate stabilization by: a. prepping the soil for vegetative or non-vegetative stabilization; or b. applying mulch or other non-vegetative product to the exposed soil area; or c. seeding or planting the exposed area; or d. starting any of the activities in a - c on a portion of the area to be stabilized, but not on the entire area; or e. finalizing arrangements to have stabilization product fully installed in compliance with the applicable deadline for completing stabilization. [Minn. R. 7090]
25.14	"Impervious Surface" means 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. [Minn. R. 7090]
25.15	"National Pollutant Discharge Elimination System (NPDES)" means the program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. [Minn. R. 7090]
25.16	"Natural Buffer" means 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. [Minn. R. 7090]
25.17	"Normal Wetted Perimeter" means 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 two-year, 24-hour storm event. [Minn. R. 7090]
25.18	"Notice of Termination (NOT)" means the form (electronic or paper) required for terminating coverage under the Construction General permit. [Minn. R. 7090]

25.19	"Operator" means the person (usually the general contractor) 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 permit application must list the operator as a permittee. Subcontractors hired by and under supervision of the general contractor are not operators. [Minn. R. 7090]
25.20	"Owner" means 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. [Minn. R. 7090]
25.21	"Permanent Cover" means 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. Permittees must establish a uniform perennial vegetative cover (i.e., evenly distributed, without large bare areas) with a density of 70 percent of the native background vegetative cover on all areas not covered by permanent structures, or equivalent permanent stabilization measures. Permanent cover does not include temporary BMPs such as wood fiber blanket, mulch, and rolled erosion control products. [Minn. R. 7090]
25.22	"Permittees" means the persons, firm, or governmental agency or other entity identified as the owner and operator on the application submitted to the MPCA and are responsible for compliance with the terms and conditions of this permit. [Minn. R. 7090]
25.23	"Project(s)" means all construction activity planned and/or conducted under a particular permit. The project occurs on the site or sites described in the permit application, the SWPPP and in the associated plans, specifications and contract documents. [Minn. R. 7090]
25.24	"Public Waters" means all water basins and watercourses described in Minn. Stat. Sect. 103G.005 subp. 15. [Minn. R. 7090]
25.25	"Redoximorphic Features" means a color pattern in soil, formed by oxidation and reduction process of iron and/or manganese in seasonally saturated soil. [Minn. R. 7090]
25.26	"Seasonally Saturated Soil" means the highest seasonal elevation in the soil in a reduced chemical state because of soil voids filled with water causing anaerobic conditions. Seasonally saturated soil is evidenced by the presence of redoximorphic features or other information determined by scientifically established methods or empirical field measurements. [Minn. R. 7090]
25.27	"Sediment Control" means methods employed to prevent suspended sediment in stormwater from leaving the site (e.g. silt fences, compost logs and storm drain inlet protection). [Minn. R. 7090]
25.28	"Stabilize, Stabilized, Stabilization" means 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 percent ground coverage (typically 2 ton/acre). [Minn. R. 7090]
25.29	"Stormwater" means precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage. [Minn. R. 7090]
25.30	"Steep Slopes" means slopes that are 1:3 (V:H) (33.3 percent) or steeper in grade. [Minn. R. 7090]
25.31	"Storm Water Pollution Prevention Plan (SWPPP)" means a plan for stormwater discharge that includes all required content under Item 5.1 that describes the erosion prevention, sediment control and waste control BMPs and permanent stormwater treatment systems. [Minn. R. 7090]
25.32	"Surface Water or Waters" means 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 constructed from upland. This permit does not consider stormwater treatment systems constructed in wetlands and mitigated in accordance with item 22.1 through 22.4 as surface waters. [Minn. R. 7090]

25.33	"Waters of the State" (as defined in Minn. Stat. Sect. 115.01, subp. 22) means 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. [Minn. Stat. 115.01, Subp. 22]
25.34	"Water Quality Volume" means one (1) inch of runoff from the new impervious surfaces created by the project (calculated as an instantaneous volume). [Minn. R. 7090]
25.35	"Wetlands" (as defined in Minn. R. 7050.0186, subp. 1a.B.) means 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: a. a predominance of hydric soils; and b. 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 c. under normal circumstances support a prevalence of such vegetation. [Minn. R. 7050.0186, Subp. 1a.B]

Signature:
	This document has been electronically signed.	for the Minnesota Pollution Control Agency