*MS4 permittee name: Dakota County *County: Dakota (city, county, municipality, government agency or other entity)

Transcription

1 MS4 SWPPP Application for Reauthorization for the NPDES/SDS General Small Municipal Separate Storm Sewer System (MS4) Permit MNR reissued with an effective date of August 1, 2013 Stormwater Pollution Prevention Program (SWPPP) Document Doc Type: Permit Application Instructions: This application is for authorization to discharge stormwater associated with Municipal Separate Storm Sewer Systems (MS4s) under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit Program. No fee is required with the submittal of this application. Please refer to Example for detailed instructions found on the Minnesota Pollution Control Agency (MPCA) MS4 website at Submittal: This MS4 SWPPP Application for Reauthorization form must be submitted electronically via to the MPCA at from the person that is duly authorized to certify this form. All questions with an asterisk (*) are required fields. All applications will be returned if required fields are not completed. Questions: Contact Claudia Hochstein at or Dan Miller at or or call toll-free at General Contact Information (*Required fields) MS4 Owner (with ownership or operational responsibility, or control of the MS4) *MS4 permittee name: Dakota County *County: Dakota (city, county, municipality, government agency or other entity) *Mailing address: 1590 Highway 55 *City: Hastings *State: Minnesota *Zip code: *Phone (including area code): (651) * MS4 General contact (with Stormwater Pollution Prevention Program [SWPPP] implementation responsibility) *Last name: Fischer *First name: Georg (department head, MS4 coordinator, consultant, etc.) *Title: Environmental Resource Director *Mailing address: Galaxie Avenue *City: Apple Valley *State: Minnesota *Zip code: *Phone (including area code): (952) * Preparer information (complete if SWPPP application is prepared by a party other than MS4 General contact) Last name: Watson First name: Brian (department head, MS4 coordinator, consultant, etc.) Title: Manager - Dakota County Soil and Water Conservation District Mailing address: th Street West Suite 102 City: Farmington State: Minnesota Zip code: Phone (including area code): (651) Brian.Watson@co.dakota.mn.us Verification 1. I seek to continue discharging stormwater associated with a small MS4 after the effective date of this Permit, and shall submit this MS4 SWPPP Application for Reauthorization form, in accordance with the schedule in Appendix A, Table 1, with the SWPPP document completed in accordance with the Permit (Part II.D.). Yes 2. I have read and understand the NPDES/SDS MS4 General Permit and certify that we intend to comply with all requirements of the Permit. Yes TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 1 of 15

2 Certification (All fields are required) Yes - I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. I certify that based on my inquiry of the person, or persons, who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of civil and criminal penalties. This certification is required by Minn. Stat and The authorized person with overall, MS4 legal responsibility must certify the application (principal executive officer or a ranking elected official). By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing my application. Name: Brandt Richardson (This document has been electronically signed) Title: County Administrator Date (mm/dd/yyyy): 12/23/2013 Mailing address: 1590 Highway 55 City: Hastings State: Minnesota Zip code: Phone (including area code): (651) Brandt.Richardson@co.dakota.mn.us Note: The application will not be processed without certification TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 2 of 15

3 Stormwater Pollution Prevention Program Document I. Partnerships: (Part II.D.1) A. List the regulated small MS4(s) with which you have established a partnership in order to satisfy one or more requirements of this Permit. Indicate which Minimum Control Measure (MCM) requirements or other program components that each partnership helps to accomplish (List all that apply). Check the box below if you currently have no established partnerships with other regulated MS4s. If you have more than five partnerships, hit the tab key after the last line to generate a new row. No partnerships with regulated small MS4s Name and description of partnership City of Apple Valley Maintenance Agreement MCMs 5,6 City of Burnsville Maintenance Agreement MCMs 5,6 City of Eagan Maintenance Agreement MCMs 5,6 City of Farmington Maintenance Agreement MCMs 5,6 City of Hastings Maintenance Agreement MCMs 5,6 City of Inver Grove Heights Maintenance Agreement MCMs 5,6 City of Lakeville Maintenance Agreement MCMs 5,6 City of Mendota Heights Maintenance Agreement MCMs 5,6 City of Rosemount Maintenance Agreement MCMs 5,6 City South St. Paul Maintenance Agreement MCMs 5,6 City of West St. Paul Maintenance Agreement MCMs 5,6 MCM/Other permit requirements involved B. If you have additional information that you would like to communicate about your partnerships with other regulated small MS4(s), provide it in the space below, or include an attachment to the SWPPP Document, with the following file naming convention: MS4NameHere_Partnerships. Dakota County is solely responsible to satisfy the requirements of its own MS4 permit; however arrangements with other adjacent MS4s have been made to coordinate jurisdictional boundaries and MS4 regulatory roles. The physical boundaries of the Dakota County MS4 are defined by the County road right of ways and areas regulated under the County Shoreland Zoning and Floodplain Management Ordinance that are located within the urbanized area and not within another MS4 jusrisdiction. All areas adjacent to, but outside of, the County's MS4 boundaries are regulated by the local governmental unit (e.g. city or township) in accordance with their MS4 SWPPP and land use authority. The County does not have MS4 responsibilities for any permitting, plan review, inspection or enforcement actions outside of its MS4 boundaries. Inside of the County MS4 boundaries, the County only maintains permit authority for the land disturbances and shoreline alteration activities when those activities are not regulated by the local governmental unit having permit/land use authority. Dakota County is not the sole operator of the Storm Sewer System within its MS4 boundaries when the Storm Sewer System is covered under a maintenance agreement and the post construction stormwater management for the roadways within the County right of way areas are regulated by the local governmental unit (LGU) having permit/ land use authority in compliance with their adopted code and MS4 responsibilities. Maintenance agreements for Storm Sewer Systems are in place between Dakota County and 11 of the 15 LGUs/MS4s that are adjacent to Dakota County's MS4 boundaries. The purpose of the agreements is to define the rights and obligations of the parties with respect to the maintenance and repair of Storm Sewer Systems, in accordance with the Dakota County 2030 Transportation Plan, as adopted by the County Board of Commissioners on June 19, For purposes of the agreements, Storm Sewer Systems means existing or future storm sewer systems along County highways, within County right of way, and outside County right of way, which conveys drainage from County highways and within corporate limits of the City. Storm Sewer Systems include but are not limited to: catch basins castings, pipes, manholes, control structures, outlet pipes, and end treatments. In terms of MS4 responsibilities, the County is responsible for the roadway surfaces, curbs/gutters and the LGU (e.g. city or township) have MS4 responsibilities for the operation of the below grade storm sewer system and its outlets. Each party assumes MS4 reporting responsibilities for TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 3 of 15

4 the drainage components which they operate and have agreed to provide the maintenance for. Dakota County has full MS4 responsibilities for all Storm Sewer Systems within its MS4 boundaries that are not otherwise covered by a maintenance agreement with a local governmental unit. Maintenance agreements are not currently in place with the City of Mendota, City of Lilydale, City of Sunfish Lake and Township of Empire. II. Description of Regulatory Mechanisms: (Part II.D.2) Illicit discharges A. Do you have a regulatory mechanism(s) that effectively prohibits non-stormwater discharges into your small MS4, except those non-stormwater discharges authorized under the Permit (Part III.D.3.b.)? Yes No 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Contract language Policy/Standards Permits Rules Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: ORDINANCE NO DAKOTA COUNTY STORM DRAIN SYSTEM adopted September 26, Section 6.00 Discharge Prohibitions page 5 Direct link: Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere_IDDEreg. 2. If no: Describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: Construction site stormwater runoff control A. Do you have a regulatory mechanism(s) that establishes requirements for erosion and sediment controls and waste controls? Yes No 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Contract language Policy/Standards Permits Rules Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: ORDINANCE NO DAKOTA COUNTY STORM DRAIN SYSTEM adopted September 26, Section 7.00 Industrial or Construction Activity Discharges page 6 Direct link: Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere_CSWreg TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 4 of 15

5 B. Is your regulatory mechanism at least as stringent as the MPCA general permit to Discharge Stormwater Associated with Construction Activity (as of the effective date of the MS4 Permit)? Yes No If you answered yes to the above question, proceed to C. If you answered no to either of the above permit requirements listed in A. or B., describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: C. Answer yes or no to indicate whether your regulatory mechanism(s) requires owners and operators of construction activity to develop site plans that incorporate the following erosion and sediment controls and waste controls as described in the Permit (Part III.D.4.a.(1)-(8)), and as listed below: 1. Best Management Practices (BMPs) to minimize erosion. Yes No 2. BMPs to minimize the discharge of sediment and other pollutants. Yes No 3. BMPs for dewatering activities. Yes No 4. Site inspections and records of rainfall events Yes No 5. BMP maintenance Yes No 6. Management of solid and hazardous wastes on each project site. Yes No 7. Final stabilization upon the completion of construction activity, including the use of perennial vegetative cover on all exposed soils or other equivalent means. 8. Criteria for the use of temporary sediment basins. Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: Dakota County Ordinance No. 132 requires any person subject to an industrial or construction activity NPDES stormwater discharge permit to comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the county prior to discharges to the MS4. Currently, the permit applications for work within the Dakota County MS4 state that all land disturbing activities which require a GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITIY UNDER THE NATIONAL POLLUTANT DISHARGE ELIMINATION SYSTEM / STATE DISPOSAL SYSTEM PERMIT PROGRAM (i.e. NPDES permit) must be completed in compliance with requirements of the NPDES permit but does not require owners and operators of construction activity to submit their Storm Water Pollution Prevention Plans (SWPPP). which includes the controls listed above (Part III.D.4.a.(1)-(8)) to the County for review. Within 12 months of the date permit coverage is extended, Dakota County MS4 will revise its permit forms to require the submittal of the SWPPP approved by MPCA to obtain their NPDES permit for land disturbances greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development that occurs within the County MS4. Post-construction stormwater management A. Do you have a regulatory mechanism(s) to address post-construction stormwater management activities? Yes No 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Contract language Policy/Standards Permits Rules Other, explain: Yes No b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Direct link: Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 5 of 15

6 convention: MS4NameHere_PostCSWreg. B. Answer yes or no below to indicate whether you have a regulatory mechanism(s) in place that meets the following requirements as described in the Permit (Part III.D.5.a.): 1. Site plan review: Requirements that owners and/or operators of construction activity submit site plans with post-construction stormwater management BMPs to the permittee for review and approval, prior to start of construction activity. 2. Conditions for post construction stormwater management: Requires the use of any combination of BMPs, with highest preference given to Green Infrastructure techniques and practices (e.g., infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs, etc.), necessary to meet the following conditions on the site of a construction activity to the Maximum Extent Practicable (MEP): a. For new development projects no net increase from pre-project conditions (on an annual average basis) of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit (Part III.D.5.a(3)(a)). 2) Stormwater discharges of Total Suspended Solids (TSS). 3) Stormwater discharges of Total Phosphorus (TP). b. For redevelopment projects a net reduction from pre-project conditions (on an annual average basis) of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit (Part III.D.5.a(3)(a)). 2) Stormwater discharges of TSS. 3) Stormwater discharges of TP. 3. Stormwater management limitations and exceptions: a. Limitations 1) Prohibit the use of infiltration techniques to achieve the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)) when the infiltration structural stormwater BMP will receive discharges from, or be constructed in areas: a) Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA. b) Where vehicle fueling and maintenance occur. c) 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. d) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. 2) Restrict the use of infiltration techniques to achieve the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)), without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltration device will be constructed in areas: a) With predominately Hydrologic Soil Group D (clay) soils. b) Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. c) Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R , subp. 13. d) Where soil infiltration rates are more than 8.3 inches per hour. 3) For linear projects where the lack of right-of-way precludes the installation of volume control practices that meet the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)), the permittee s regulatory mechanism(s) may allow exceptions as described in the Permit (Part III.D.5.a(3)(b)). The permittee s regulatory mechanism(s) shall ensure that a reasonable attempt be made to obtain right-of-way during the project planning process. Yes Yes Yes Yes Yes Yes No No No No No No 4. Mitigation provisions: The permittee s regulatory mechanism(s) shall ensure that any stormwater discharges of TSS and/or TP not addressed on the site of the original construction activity are addressed through mitigation and, at a minimum, shall ensure the following requirements are met: a. Mitigation project areas are selected in the following order of preference: 1) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. 2) Locations within the same Minnesota Department of Natural Resource (DNR) catchment area as the original construction activity. 3) Locations in the next adjacent DNR catchment area up stream TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 6 of 15 Yes No

7 4) Locations anywhere within the permittee s jurisdiction. b. Mitigation projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. c. Routine maintenance of structural stormwater BMPs already required by this permit cannot be used to meet mitigation requirements of this part. d. Mitigation projects shall be completed within 24 months after the start of the original construction activity. e. The permittee shall determine, and document, who will be responsible for long-term maintenance on all mitigation projects of this part. f. If the permittee receives payment from the owner and/or operator of a construction activity for mitigation purposes in lieu of the owner or operator of that construction activity meeting the conditions for post-construction stormwater management in Part III.D.5.a(2), the permittee shall apply any such payment received to a public stormwater project, and all projects must be in compliance with Part III.D.5.a(4)(a)-(e). 5. Long-term maintenance of structural stormwater BMPs: The permittee s regulatory mechanism(s) shall provide for the establishment of legal mechanisms between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee, that have been implemented to meet the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)). This only includes structural stormwater BMPs constructed after the effective date of this permit and that are directly connected to the permittee s MS4, and that are in the permittee s jurisdiction. The legal mechanism shall include provisions that, at a minimum: a. Allow the permittee to conduct inspections of structural stormwater BMPs not owned or operated by the permittee, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the permittee determines that the owner and/or operator of that structural stormwater BMP has not conducted maintenance. b. Include conditions that are designed to preserve the permittee s right to ensure maintenance responsibility, for structural stormwater BMPs not owned or operated by the permittee, when those responsibilities are legally transferred to another party. c. Include conditions that are designed to protect/preserve structural stormwater BMPs and site features that are implemented to comply with the Permit (Part III.D.5.a(2)). If site configurations or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved structural stormwater BMPs must be implemented to ensure the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)) continue to be met. Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within twelve (12) months of the date permit coverage is extended, these permit requirements are met: Within 12 months of date permit coverage is extended, Dakota County MS4 will develop regulatory mechanisms to address post-construction stormwater management as described in Permit (Part III.D.5.a.) for activities within its MS4 boundaries that require an NPDES permit and are not otherwise regulated by the local governmental unit (LGU) having permit/ land use authority in compliance with their adopted code and MS4 responsibilities. B.1. through B.4 Dakota County will revise its permit application to require submittal of the site plans, post-construction stormwater management BMPs and other documentation used to obtain NPDES permit coverage. B.5. Dakota County will develop regulatory mechanisms for long term maintenance of structural BMPs within its MS4 boundaries that are not covered under a maintenance agreement as described in response to (Part II.D.1.B). III. Enforcement Response Procedures (ERPs): (Part II.D.3) A. Do you have existing ERPs that satisfy the requirements of the Permit (Part III.B.)? Yes No 1. If yes, attach them to this form as an electronic document, with the following file naming convention: MS4NameHere_ERPs. 2. If no, describe the tasks and corresponding schedules that will be taken to assure that, with twelve (12) months of the date permit coverage is extended, these permit requirements are met: B. Describe your ERPs: As provided in County Ordinance No. 132, the primary Enforcement Response Procedure for non-compliance to a County issued permit is to suspend or revoke the permit. Depending on the situation, other ERPs the County may take TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 7 of 15

8 include issuing a warning notice, notice of violation, citation or complaint, abatement, cease and desist order; suspension or termination of MS4 access; execution of a stipulation agreement; and/or commencement of other civil proceedings. IV. Storm Sewer System Map and Inventory: (Part II.D.4.) A. Describe how you manage your storm sewer system map and inventory: The storm sewer system map and inventory is maintained by Dakota County GIS using data provided by the County Transportation Department. The Dakota County MS4 mapping and inventory only reports the Storm Sewer Systems within its MS4 boundaries that are not otherwise covered by a maintenance agreement with a local govermental unit as descibed in the response to (Part II.D.1.B.) The Dakota MS4 mapping does not show Storm Sewer Systems located outside of the County MS4 boundaries or systems within its MS4 boundaries that are maintained, mapped or inventoried by other MS4s. B. Answer yes or no to indicate whether your storm sewer system map addresses the following requirements from the Permit (Part III.C.1.a-d), as listed below: 1. The permittee s entire small MS4 as a goal, but at a minimum, all pipes 12 inches or greater in diameter, including stormwater flow direction in those pipes. 2. Outfalls, including a unique identification (ID) number assigned by the permittee, and an associated geographic coordinate. Yes Yes No No 3. Structural stormwater BMPs that are part of the permittee s small MS4. Yes No 4. All receiving waters. Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: C. Answer yes or no to indicate whether you have completed the requirements of 2009 Minnesota Session Law, Ch Sec. 28: with the following inventories, according to the specifications of the Permit (Part III.C.2.a.-b.), including: 1. All ponds within the permittee s jurisdiction that are constructed and operated for purposes of water quality treatment, stormwater detention, and flood control, and that are used for the collection of stormwater via constructed conveyances. 2. All wetlands and lakes, within the permittee s jurisdiction, that collect stormwater via constructed conveyances. Yes Yes No No D. Answer yes or no to indicate whether you have completed the following information for each feature inventoried. 1. A unique identification (ID) number assigned by the permittee. 2. A geographic coordinate. 3. Type of feature (e.g., pond, wetland, or lake). This may be determined by using best professional judgment. Yes Yes Yes No No No If you have answered yes to all above requirements, and you have already submitted the Pond Inventory Form to the MPCA, then you do not need to resubmit the inventory form below. If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: E. Answer yes or no to indicate if you are attaching your pond, wetland and lake inventory to the MPCA on the form provided on the MPCA website at: according to the specifications of Permit (Part III.C.2.b.(1)-(3)). Attach with the following file naming convention: MS4NameHere_inventory. If you answered no, the inventory form must be submitted to the MPCA MS4 Permit Program within 12 months of the date permit coverage is extended. Yes No V. Minimum Control Measures (MCMs) (Part II.D.5) A. MCM1: Public education and outreach 1. The Permit requires that, within 12 months of the date permit coverage is extended, existing permittees revise their education and outreach program that focuses on illicit discharge recognition and reporting, as well as other specifically TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 8 of 15

9 selected stormwater-related issue(s) of high priority to the permittee during this permit term. Describe your current educational program, including any high-priority topics included: Dakota County employs a full time water resource educator who distributes educational materials and conducts outreach activities inside of and outside of the County's MS4 boundaries. Most of the educational and outreach activities occur outside of the MS4 area because there is not a target audience residing within the MS4 boundaries. 2. List the categories of BMPs that address your public education and outreach program, including the distribution of educational materials and a program implementation plan. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the U.S. Environmental Protection Agency s (EPA) Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Brochures Measurable goals and timeframes Children s Water Festival, publish once per year, circulation about 1,000 Newsletters Publish 4 times per year, circulation about 9,300 Project Factsheets Landowner Factsheets Website Publish a factsheet on each completed water quality project. Ongoing. Publish informational factsheets for shore holders. Ongoing. Publish water quality related information on a webpage that is accessible to the public. Ongoing BMP categories to be implemented Informational Video Measurable goals and timeframes Post a Blue Thumb workshop video on You Tube. 3. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Tom Berry, Water Resources Supervisor B. MCM2: Public participation and involvement 1. The Permit (Part III.D.2.a.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement a public participation/involvement program to solicit public input on the SWPPP. Describe your current program: Dakota County MS4 holds an annual meeting in June of each year to present and hear comments on our Stormwater Pollution Prevention Program. The County also employs a full time water resource educator who hosts many workshops and events to engage public participation and involvement inside of and outside of the County MS4 boundaries. Most of the activities occur outside of the MS4 area because there is not a target audience residing within the MS4 boundaries. 2. List the categories of BMPs that address your public participation/involvement program, including solicitation and documentation of public input on the SWPPP. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA s Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Annual MS4 Meeting Appropriate Public Meeting Notice Public Events Measurable goals and timeframes Hold 1 public meeting in June of each year. Ongoing Post legal notice in official newspaper for annual meeting. Ongoing Sponsor at least 4 public events related to water quality annually TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 9 of 15

10 BMP categories to be implemented Event Videos Measurable goals and timeframes Post 1 event video on You Tube each year. 3. Do you have a process for receiving and documenting citizen input? Yes No If you answered no to the above permit requirement, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: 4. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Tom Berry, Water Resources Supervisor C. MCM 3: Illicit discharge detection and elimination 1. The Permit (Part III.D.3.) requires that, within 12 months of the date permit coverage is extended, existing permittees revise their current program as necessary, and continue to implement and enforce a program to detect and eliminate illicit discharges into the small MS4. Describe your current program: Dakota County Ordinance No. 132 prohibits illicit discharges and connections. Projects within the Dakota MS4, which required a permit from Dakota County, are inspected for illicit discharges during regular permit compliance inspections. Any permittee found to be non-compliant is subject to citation and punishment as provided by law. 2. Does your Illicit Discharge Detection and Elimination Program meet the following requirements, as found in the Permit (Part III.D.3.c.-g.)? a. Incorporation of illicit discharge detection into all inspection and maintenance activities conducted under the Permit (Part III.D.6.e.-f.)Where feasible, illicit discharge inspections shall be conducted during dry-weather conditions (e.g., periods of 72 or more hours of no precipitation). b. Detecting and tracking the source of illicit discharges using visual inspections. The permittee may also include use of mobile cameras, collecting and analyzing water samples, and/or other detailed procedures that may be effective investigative tools. c. Training of all field staff, in accordance with the requirements of the Permit (Part III.D.6.g.(2)), in illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation. d. Identification of priority areas likely to have illicit discharges, including at a minimum, evaluating land use associated with business/industrial activities, areas where illicit discharges have been identified in the past, and areas with storage of large quantities of significant materials that could result in an illicit discharge. e. Procedures for the timely response to known, suspected, and reported illicit discharges. Yes No f. Procedures for investigating, locating, and eliminating the source of illicit discharges. Yes No g. Procedures for responding to spills, including emergency response procedures to prevent spills from entering the small MS4. The procedures shall also include the immediate notification of the Minnesota Department of Public Safety Duty Officer, if the source of the illicit discharge is a spill or leak as defined in Minn. Stat h. When the source of the illicit discharge is found, the permittee shall use the ERPs required by the Permit (Part III.B.) to eliminate the illicit discharge and require any needed corrective action(s). If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: 2.c. Within 12 months of date permit coverage is extended, Dakota County inspectors will receive training in accordance with the requirements of the Permit (Part III.D.6.g.(2)). 3. List the categories of BMPs that address your illicit discharge, detection and elimination program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 10 of 15 Yes Yes Yes Yes Yes Yes No No No No No No

11 Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA s Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Ordinance Inspections Measurable goals and timeframes Review ordinance yearly to ensure that it continues to meet the needs of the County MS4 requirements. Direct county staff to be on the lookout for illicit discharges while they perform their normal duties and report noncompliance to permit inspectors. BMP categories to be implemented Training Measurable goals and timeframes Provide county staff annual training on recognizing and ERPs for illicit discharges. 4. Do you have procedures for record-keeping within your Illicit Discharge Detection and Elimination (IDDE) program as specified within the Permit (Part III.D.3.h.)? Yes No If you answered no, indicate how you will develop procedures for record-keeping of your Illicit Discharge, Detection and Elimination Program, within 12 months of the date permit coverage is extended: Within 12 months of date permit coverage is extended, Dakota County MS4 will develop a record keeping system for inspectors in accordance with the requirements of the Permit (Part III.D.3.h.). 5. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Tom Berry, Water Resources Supervisor D. MCM 4: Construction site stormwater runoff control 1. The Permit (Part III.D.4) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a construction site stormwater runoff control program. Describe your current program: Dakota County Ordinance No. 132 requires any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Projects within the Dakota MS4, which required a permit from Dakota County, are inspected for erosion and sediment control during regular permit compliance inspections. Any permittee found to be non-compliant is subject to citation and punishment as provided by law. 2. Does your program address the following BMPs for construction stormwater erosion and sediment control as required in the Permit (Part III.D.4.b.): a. Have you established written procedures for site plan reviews that you conduct prior to the start of construction activity? b. Does the site plan review procedure include notification to owners and operators proposing construction activity that they need to apply for and obtain coverage under the MPCA s general permit to Discharge Stormwater Associated with Construction Activity No. MN R100001? c. Does your program include written procedures for receipt and consideration of reports of noncompliance or other stormwater related information on construction activity submitted by the public to the permittee? d. Have you included written procedures for the following aspects of site inspections to determine compliance with your regulatory mechanism(s): 1) Does your program include procedures for identifying priority sites for inspection? Yes No 2) Does your program identify a frequency at which you will conduct construction site inspections? 3) Does your program identify the names of individual(s) or position titles of those responsible for Yes No TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 11 of 15 Yes Yes Yes Yes No No No No

12 conducting construction site inspections? 4) Does your program include a checklist or other written means to document construction site inspections when determining compliance? e. Does your program document and retain construction project name, location, total acreage to be disturbed, and owner/operator information? f. Does your program document stormwater-related comments and/or supporting information used to determine project approval or denial? g. Does your program retain construction site inspection checklists or other written materials used to document site inspections? Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. Within 12 months of date permit coverage is extended, Dakota County MS4 will develop written procedures for construction stormwater erosion and sediment control as required in the Permit (Part III.D.4.b.). 3. List the categories of BMPs that address your construction site stormwater runoff control program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA s Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Yes Yes Yes No No No Established BMP categories Permit Application System Inspections Ordinance Measurable goals and timeframes Process all applications for County permits in a timely manner. Ongoing Inspect each project site as often as needed to ensure compliance with the County permit. Ongoing Provides authority for the County to enforce its permits. Ongoing BMP categories to be implemented NPDES Compliance Training Measurable goals and timeframes If NPDES permit is required by the MPCA, the County will require copy of SWPPP used to obtain the approved NPDES permit. Ongoing Provide annual erosion and sediment control training for permit inspectors. 4. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Todd Howard, Assistant County Engineer E. MCM 5: Post-construction stormwater management 1. The Permit (Part III.D.5.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a post-construction stormwater management program. Describe your current program: Dakota County has established design standards for stormwater treatment BMPs and procedures for plan reviews which incorporate consideration of water quality impacts for Storm Sewer Systems within its MS4 boundaries that are not covered under a maintenance agreement and are regulated by the local governmental unit (LGU) having permit/ land use authority in compliance with their adopted code and MS4 responsibilities. 2. Have you established written procedures for site plan reviews that you will conduct prior to the start of construction activity? 3. Answer yes or no to indicate whether you have the following listed procedures for documentation of Yes No TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 12 of 15

13 post-construction stormwater management according to the specifications of Permit (Part III.D.5.c.): a. Any supporting documentation that you use to determine compliance with the Permit (Part III.D.5.a), including the project name, location, owner and operator of the construction activity, any checklists used for conducting site plan reviews, and any calculations used to determine compliance? b. All supporting documentation associated with mitigation projects that you authorize? Yes No c. Payments received and used in accordance with Permit (Part III.D.5.a.(4)(f))? Yes No d. All legal mechanisms drafted in accordance with the Permit (Part III.D.5.a.(5)), including date(s) of the agreement(s) and names of all responsible parties involved? If you answered no to any of the above permit requirements, describe the steps that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. Within 12 months of date permit coverage is extended, Dakota County MS4 will develop regulatory mechanisms to address post-construction stormwater management as descibed in Permit (Part III.D.5.) for activities within its MS4 boundaries that are not covered under a maintenance agreement as described in response to (Part II.D.1.B) and the post construction stormwater management are not regulated by the local governmental unit (LGU) having permit/ land use authority in compliance with their adopted code and MS4 responsibilities. 4. List the categories of BMPs that address your post-construction stormwater management program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA s Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Yes Yes No No Established BMP categories Inspections Design Standards Measurable goals and timeframes Annual inspections of Dakota MS4 operated Storm Sewer Systems. Ongoing Apply effective design standards for water quality BMPs. Ongoing BMP categories to be implemented Written Procedures Measurable goals and timeframes Develop written documentation for established procedures. 1 year 5. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Todd Howard, Assistant County Engineer F. MCM 6: Pollution prevention/good housekeeping for municipal operations 1. The Permit (Part III.D.6.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement an operations and maintenance program that prevents or reduces the discharge of pollutants from the permittee owned/operated facilities and operations to the small MS4. Describe your current program: Within its MS4 boundaries, the Dakota County transportation department annually inspects the Storm Sewer Systems it operates. Depending on the inspection findings, the County determines if repair, replacement, or maintenance measures are necessary and completes the measures necessary to prevent or reduce the discharge of pollutants to stormwater. Street sweeping, snow plowing,and other housekeeping activities also occur on a ongoing basis to maintain the roadway surfaces TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 13 of 15

14 2. Do you have a facilities inventory as outlined in the Permit (Part III.D.6.a.)? Yes No 3. If you answered no to the above permit requirement in question 2, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: Within 12 months of date permit coverage is extended, Dakota County MS4 will develop a facilities inventory as outlined in the Permit (Part III.D.6.a) for the facilities within its MS4 boundaries. 4. List the categories of BMPs that address your pollution prevention/good housekeeping for municipal operations program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. For an explanation of measurable goals, refer to the EPA s Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Street Sweeping Snow Plowing Measurable goals and timeframes Once a year after snow melt in the spring. Ongoing Timely plowing to minimize amount of deicing agents needed. Ongoing BMP categories to be implemented Deicing Agents Measurable goals and timeframes Review deicing available technologies annually to reduce environmental impacts and the amount of deicing agents used. 5. Does discharge from your MS4 affect a Source Water Protection Area (Permit Part III.D.6.c.)? a. If no, continue to 6. b. If yes, the Minnesota Department of Health (MDH) is in the process of mapping the following items. Maps are available at Is a map including the following items available for your MS4: Yes No 1) Wells and source waters for drinking water supply management areas identified as vulnerable under Minn. R , , and ? 2) Source water protection areas for surface intakes identified in the source water assessments conducted by or for the Minnesota Department of Health under the federal Safe Drinking Water Act, U.S.C. 300j 13? c. Have you developed and implemented BMPs to protect any of the above drinking water sources? 6. Have you developed procedures and a schedule for the purpose of determining the TSS and TP treatment effectiveness of all permittee owned/operated ponds constructed and used for the collection and treatment of stormwater, according to the Permit (Part III.D.6.d.)? 7. Do you have inspection procedures that meet the requirements of the Permit (Part III.D.6.e.(1)- (3)) for structural stormwater BMPs, ponds and outfalls, and stockpile, storage and material handling areas? 8. Have you developed and implemented a stormwater management training program commensurate with each employee s job duties that: a. Addresses the importance of protecting water quality? Yes No b. Covers the requirements of the permit relevant to the duties of the employee? Yes No TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 14 of 15 Yes Yes Yes Yes Yes No No No No No

15 c. Includes a schedule that establishes initial training for new and/or seasonal employees and recurring training intervals for existing employees to address changes in procedures, practices, techniques, or requirements? 9. Do you keep documentation of inspections, maintenance, and training as required by the Permit (Part III.D.6.h.(1)-(5))? If you answered no to any of the above permit requirements listed in Questions 5 9, then describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: Within 12 months of date permit coverage is extended, Dakota County MS4 will develop programs and procedures to the permit requirements: 6. Develop procedures and a schedule to determine TSS and TP treatment effectivness of Dakota MS4 owned/operated ponds. 8.a. Implement a training program that addresses the importance of protecting water quality for new, existing and contract employees. 8.b. Implement a training program that covers the requirements of the permit relevant to the duties of the employee. 8.c. Implement a training program that establishes initial training for new employees and recurring training for existing employees. Yes Yes No No 10. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Todd Howard, Assistant County Engineer VI. Compliance Schedule for an Approved Total Maximum Daily Load (TMDL) with an Applicable Waste Load Allocation (WLA) (Part II.D.6.) A. Do you have an approved TMDL with a Waste Load Allocation (WLA) prior to the effective date of the Permit? 1. If no, continue to section VII. 2. If yes, fill out and attach the MS4 Permit TMDL Attachment Spreadsheet with the following naming convention: MS4NameHere_TMDL. This form is found on the MPCA MS4 website: Yes No VII. Alum or Ferric Chloride Phosphorus Treatment Systems (Part II.D.7.) A. Do you own and/or operate any Alum or Ferric Chloride Phosphorus Treatment Systems which are regulated by this Permit (Part III.F.)? 1. If no, this section requires no further information. 2. If yes, you own and/or operate an Alum or Ferric Chloride Phosphorus Treatment System within your small MS4, then you must submit the Alum or Ferric Chloride Phosphorus Treatment Systems Form supplement to this document, with the following naming convention: MS4NameHere_TreatmentSystem. This form is found on the MPCA MS4 website: VIII. Add any Additional Comments to Describe Your Program Yes No TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 15 of 15

16 MS4 Permit TMDL Attachment Spreadsheet Municipal Separate Storm Sewer Systems (MS4) Program Total Maximum Daily Load (TMDL) Doc Type: Permit Application Instructions This form is to be completed and submitted with your MS4 SWPPP Document. Please navigate through this form using the tabs at the bottom of the page. An example of a mock completed form is provided to you as a reference. Please refer to the "Addressing TMDL Requirements in MS4 General Permit Applications and Stormwater Pollution Prevention Program Documents" PDF for additional assitance, instructions, and basic background information on TMDLs. wq-strm4-49c 8/16/13 Available in alternative formats TTY or Page 1 of 3

17 TMDL Wasteload Allocation Excel Spreadsheet PART II.D.6.a.-e. Copy and paste from the Master List MS4 TMDL Spreadsheet for your MS4 to the space below. Attach this completed form with your SWPPP Document at the time of submittal. At a minimum, provide all of the information "*" items (TMDL Project Name, Type of WLA, Numeric WLA, Unit, Flow Condition, and Pollutant of Concern). Permittee name Preferred ID TMDL project name* Waterbody ID Type of WLA* Numeric WLA* Unit* Percent reduction Flow condition* Waterbody name Pollutant of concern* Date approved Dakota County MS Crystal, Keller, and Lee Lakes Nutrient Impairment TMDL Individual lbs/day N/A Crystal Lake Phosphorus 9/30/2011 Dakota County MS Crystal, Keller, and Lee Lakes Nutrient Impairment TMDL Individual lbs/day N/A Keller Lake Phosphorus 9/30/2011 Dakota County MS Crystal, Keller, and Lee Lakes Nutrient Impairment TMDL Individual lbs/day N/A Lee Lake Phosphorus 9/30/2011 Dakota County MS Fish Lake Nutrient TMDL Individual lbs/day N/A Fish Lake Phosphorus 9/9/2010 Dakota County MS Long and Farquar Lakes Nutrient TMDL Individual 0.03 lbs/day N/A Long Lake Phosphorus 4/8/2009 Dakota County MS Long and Farquar Lakes Nutrient TMDL Individual 0.08 lbs/day N/A Farquar Lake Phosphorus 4/8/2009 Dakota County MS Lower Vermillion River Watershed Turbidity TMDL Individual 0% Vermillion River/Vermillion Slough, Hasting dam to Mississippi River TSS 9/29/2009 wq-strm4-49c 8/16/13 Available in alternative formats TTY or Page 2 of 3

18 Compliance Schedule PART II.D.6.f.-g. Is your MS4 currently meeting its WLA for any approved TMDLs? Go to: Go to: Go to: NO (Complete Table 1, Strategies for continued BMP implementation beyond the term of this permit, and Table 2 below) Table 1 Strategies Table 2 YES (Provide the following information below) If YES, indicate the WLAs (may be grouped by TMDL Project) you believe are reasonably being met. For each WLA, list the implemented BMPs and provide a narrative strategy for the longterm continuation of meeting each WLA. PART II.D.6.g.(1)-(2) Crystal, Keller, and Lee Lakes Nutrient Impairment TMDL Crystal Lake ID# Individual lbs/day Phosphorus No reduction (0% reduction) in loading from Dakota MS4 was called for in this TMDL. Therefore, we will continue to provide the same level of treatment to ensure compliance with the permit. Keller Lake ID# Individual lbs/day Phosphorus A 16-lb/year reduction in loading from Dakota MS4 was called for in this TMDL. See Table 1 and Table 2 Lee Lake ID# Individual lbs/day Phosphorus A 2-lb/year reduction in loading from Dakota MS4 was called for in this TMDL. See Table 1 and Table 2 Fish Lake Nutrient TMDL Fish Lake ID# Individual lbs/day Phosphorus No reduction (0% reduction) in loading from Dakota MS4 was called for in this TMDL. Therefore, we will continue to provide the same level of treatment to ensure compliance with the permit. Long and Farquar Lakes Nutrient Impairment TMDL Long Lake ID# Individual 0.03 lbs/day Phosphorus Farquar Lake ID# Individual 0.08 lbs/day Phosphorus No reduction (0% reduction) in loading from Dakota MS4 was called for in this TMDL. Therefore, we will continue to provide the same level of treatment to ensure compliance with the permit. Lower Vermillion River Watershed Turbidity TMDL Vermillion River/Vermillion Slough, Hastings dam to Mississippi River ID# Individual Unquantified lbs/day TSS Table 1 Fill in the following table with your Interim Milestones, BMP IDs, and Implementation Dates. Replace "TMDL Project Name & Pollutant" Columns with each TMDL Project Name and the corresponding pollutant. Then put an "X" in the boxes for the TMDL that corresponds with each BMP. PART II.D.6.f.(1)-(2) NOTE: It is recommended to assign each Interim Milestone (BMP) a BMP ID. You will be required to report on the status of each Int erim Milestone and include a BMP ID for all structural BMPs as part of the MS4 Annual Report (see Part III.E.), so including tho se ID numbers at the time of application may be useful in tracking implementation efforts. If a pond that will be included in the p ond inventory (Part III.C.2.) is to be applied toward a WLA, use the same ID for both the pond inventory and TMDL tracking. Non-structural BMPs are not required to have an ID, but it may be useful to assign it an ID for internal MS4 recordkeeping. MPCA recommends the Implementation Dates align with the submittal of MS4 Annual Reports. Dates selected may not reflect the a ctual date a BMP is implemented, but shall indicate a BMP will be implemented on that date or before for that reporting year. Interim Milestone (Best Management Practice) BMP ID Implementation Date Keller Lake Nutrient TMDL - Lee Lake Nutrient TMDL - TMDL Project Name & Phosphorous Phosphorous Pollutant3 TMDL Project Name & Pollutant4 TMDL Project Name & Pollutant5 TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & TMDL Project Name & Pollutant6 Pollutant7 Pollutant8 Pollutant9 Pollutant10 Pollutant11 Pollutant12 Pollutant13 Pollutant14 Pollutant15 Pollutant16 Pollutant17 Pollutant18 Pollutant19 Pollutant20 Pollutant21 Pollutant22 Pollutant23 Street Sweeping Street Sweeping 6/30/2014 X X Snow Plowing Snow Plowing 6/30/2014 X X Deicing Agents Deicing Agents 6/30/2014 X X Strategies for continued BMP implementation beyond the term of this permit. PART II.D.6.f.(3) Dakota County MS4 intends to annually review opportunities to improve their materials and methods used for these BMPs to maximize their pollutant removal capacity. Table 2 Target dates the applicable WLA(s) will be achieved. PART II.D.6.f.(4) TMDL Project Target Date to Achieve WLA Keller Lake Nutrient TMDL - Phosphorous 2034 Lee Lake Nutrient TMDL - Phosphorous 2034 wq-strm4-49c 8/16/13 Available in alternative formats TTY or Page 3 of 3

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40 STORM SEWER SYSTEM MAINTENANCE AGREEMENTS CITY DATE FINAL JPA SENT TO CITY DATE EXECUTED Apple Valley/Blomstrom C Burnsville/Ryan Peterson C Eagan/John Gorder C Farmington/Kevin Schorzman C Inver Grove Hts/Scott Thureen C Hastings/Tom Montgomery C Lakeville/Zach Johnson C Mendota Hts/John Mazzitello C Rosemount/Andy Brotzler C South St Paul/John Sachi C West St Paul/Matt Saam C /21/13 10/3/13 12/3/13 10/4/13 10/29/13 9/30/13 11/14/13 10/9/13 10/19/13 9/30/13 11/5/13 10/14/13 11/4/13 9/26/13 **Pending final review City 9/26/13 10/21/13 9/30/13

41

42 Dakota County Contract # C MAINTENANCE AGREEMENT FOR STORM SEWER SYSTEMS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF APPLE VALLEY THIS AGREEMENT is made and entered into by and between the County of Dakota, hereinafter referred to as County, and the City of Apple Valley, hereinafter referred to as City. WHEREAS, the parties desire to enter into an Agreement relating to the maintenance of Storm Sewer Systems located on County highways within the corporate limits of the City; and WHEREAS, the City has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached City Council Resolution; and WHEREAS, the County has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached County Board Resolution No NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. Purpose. The purpose of this Agreement is to define the rights and obligations of the parties with respect to the maintenance and repair of Storm Sewer Systems, in accordance with the Dakota County 2030 Transportation Plan, as adopted by the County Board of Commissioners on June 19, 2012, as that Plan may be amended from time to time, hereinafter referred to as Transportation Plan. For purposes of this Agreement, Storm Sewer Systems means existing or future storm sewer systems under or along County highways, within County highway right of way, and outside County highway right of way which conveys or receives drainage from County highways, within the corporate limits of the City. Storm Sewer Systems include but are not limited to: catch basins, castings, pipes, manholes, control structures, outlet pipes, and end treatments. This Agreement supersedes all previously executed joint powers agreements relating to maintenance of Storm Sewer Systems on County highways within the City. 1

43 2. Term. This Agreement shall be in force and effect from the date of execution by all parties and shall continue in effect until terminated in accordance with the provisions herein. 3. Termination. This Agreement may be terminated by either party upon one-year written notice and execution of a subsequent maintenance agreement for Storm Sewer Systems agreeable to both parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation, which by its nature, would survive after the date of termination. 4. Construction of New Storm Sewer Systems. New Storm Sewer Systems may be constructed by the County or the City. Any design cost and construction cost responsibilities between the parties for a new Storm Sewer System will be determined according to each specific future project agreement. Design plans and specifications shall be duly approved by the representative of the County and City prior to future construction of any new Storm Sewer System covered by this Agreement. 5. Commencement of Maintenance. Maintenance of all existing Storm Sewer Systems will commence in accordance with the terms and conditions of this Agreement upon execution of this Agreement. Maintenance of new Storm Sewer Systems constructed by the County or the City will commence in accordance with the terms and conditions of this Agreement upon completion of construction and final payment to the contractor. 6. Non-Compensatory Routine Maintenance Terms. In accordance with the Transportation Plan, as it may from time to time be amended, the routine maintenance terms are as follows: a. City Routine Maintenance. The City shall be responsible, at its sole cost, for routine maintenance of Storm Sewer Systems. Routine Maintenance is defined as: periodic inspections as determined and at a method chosen by the City, and cleaning and sediment removal from inside structures and pipes. b. County Routine Maintenance. The County shall be responsible, at its sole cost, for the following: i. Cleaning gutters and storm sewer inlet (catch basin) grates within the County right of way. 2

44 ii. Cleaning drainage ditches and culverts within County right of way. iii. Street sweeping or other cleanup methods as necessary on all County highways and for any illicit discharge into the Storm Sewer System from the County highway. 7. Compensatory Maintenance Terms. a. Inclusion in County 5-Year Capital Improvement Plan (CIP). For Storm Sewer System repair work to be eligible for County cost participation, projects must be included in the County s CIP. Generally, necessary Storm Sewer System repairs shall be made at the time of pavement resurfacing, road rehabilitation, or other improvement project identified in the County s CIP. i. Cost Participation. The County and the City shall share the cost of repairs to catch basins and pipes connecting catch basins on County highways to mainline pipes at a rate of 80% and 20%, respectively. The cost of repairs to mainline pipes and storm water treatment systems including manholes, pipes, control structures, outlet pipes, end treatments and detention and retention ponds shall be shared based on contributing flows. A rate of 20% County, 80% City may be used to approximate the contributing flows, or another method may be used to define a more exact rate if the County and City mutually agree prior to completing the work. ii. Plans. The City shall be responsible for inventorying and identifying necessary Storm Sewer System repairs and preparing plans and specifications for the County s review and incorporation into the County project plans. To the extent practicable, the County shall provide 12 months advance notice of such projects. The Storm Sewer System repairs shall be in accordance with City standards unless the City and County mutually agree on alternative repair specifications. By submitting a written request from the Authorized Representative, the City agrees to pay their share of project costs in accordance with this Agreement. iii. Inspection. The City shall be responsible for reasonable, on-site inspection during installation of new Storm Sewer Systems, or repairs, or replacement of 3

45 existing Storm Sewer Systems. Inspection shall include shop drawing review, daily quantities, daily inspection log, pay heights, and any as-built information the City collects, all in accordance with typical City standards and practices. b. Urgent Repairs. Storm Sewer System repairs that are not included in the County s CIP may be made as stand-alone projects to address immediate and urgent needs when determined as necessary by the County. Urgent repairs must be approved by both the City and the County prior to incurring any costs. i. Work performed under contract. The County and the City shall share Storm Sewer System repair costs and responsibilities in accordance with sections 7. a. i., 7. a. ii, and 7. a. iii. ii. Work completed by County and City staff. The County shall generally be responsible for traffic control, bituminous pavement removal, excavation, and bituminous patching and the City shall generally be responsible for repair or replacement of castings, rings, structures, and pipes. 8. Cooperative. The County and the City shall cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 9. Independent Contractor. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting City as the employee of the County for any purpose or in any manner whatsoever. 10. Mutual Indemnification. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney s fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants, or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. It is understood and agreed that the 4

46 County s and City s liability is limited by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 or other applicable law. 11. Payment. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 12. Rights/Remedies. All remedies available to either party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The waiver of any default by either party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default unless stated to be such in writing and signed by Authorized Representatives of the County and the City. 13. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 14. Authorized Representatives. The County s Authorized Representative for the purpose of the administration of this Agreement is Mark Krebsbach, Dakota County Engineer, Galaxie Avenue, 3 rd Floor, Apple Valley, MN , phone (952) , or his successor. The City s Authorized Representative for the purpose of the administration of this Agreement is Todd Blomstrom, Public Works Director, th Street West, Apple Valley MN 55124, (952) or his successor. All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. 15. Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Board or Council, and signed by Authorized Representatives of the County and the City. 5

47 16. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part(s) which are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either part. 17. Final Agreement. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. [SIGNATURE PAGE TO FOLLOW] N:\Highway\AGRMENT\2013\Storm Sewer Maint Agr Burnsville C doc 6

48 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized representative. CITY OF APPLE VALLEY RECOMMENDED FOR APPROVAL: Public Works Director By Mayor (SEAL) By City Clerk Date COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: By: County Engineer County Administrator Date: APPROVED AS TO FORM: COUNTY BOARD RESOLUTION No Date August 27, 2013 Assistant County Attorney Date 7

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92 Dakota County Contract # C MAINTENANCE AGREEMENT FOR STORM SEWER SYSTEMS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS THIS AGREEMENT is made and entered into by and between the County of Dakota, hereinafter referred to as County, and the City of Mendota Heights, hereinafter referred to as City. WHEREAS, the parties desire to enter into an Agreement relating to the maintenance of Storm Sewer Systems located on County highways within the corporate limits of the City; and WHEREAS, the City has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached City Council Resolution; and WHEREAS, the County has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached County Board Resolution No NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. Purpose. The purpose of this Agreement is to define the rights and obligations of the parties with respect to the maintenance and repair of Storm Sewer Systems, in accordance with the Dakota County 2030 Transportation Plan, as adopted by the County Board of Commissioners on June 19, 2012, as that Plan may be amended from time to time, hereinafter referred to as Transportation Plan. For purposes of this Agreement, Storm Sewer Systems means existing or future storm sewer systems under or along County highways, within County highway right of way, and outside County highway right of way which conveys or receives drainage from County highways, within the corporate limits of the City. Storm Sewer Systems include but are not limited to: catch basins, castings, pipes, manholes, control structures, outlet pipes, and end treatments. This Agreement supersedes all previously executed joint powers agreements relating to maintenance of Storm Sewer Systems on County highways within the City. 1

93 2. Term. This Agreement shall be in force and effect from the date of execution by all parties and shall continue in effect until terminated in accordance with the provisions herein. 3. Termination. This Agreement may be terminated by either party upon one-year written notice and execution of a subsequent maintenance agreement for Storm Sewer Systems agreeable to both parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation, which by its nature, would survive after the date of termination. 4. Construction of New Storm Sewer Systems. New Storm Sewer Systems may be constructed by the County or the City. Any design cost and construction cost responsibilities between the parties for a new Storm Sewer System will be determined according to each specific future project agreement. Design plans and specifications shall be duly approved by the representative of the County and City prior to future construction of any new Storm Sewer System covered by this Agreement. 5. Commencement of Maintenance. Maintenance of all existing Storm Sewer Systems will commence in accordance with the terms and conditions of this Agreement upon execution of this Agreement. Maintenance of new Storm Sewer Systems constructed by the County or the City will commence in accordance with the terms and conditions of this Agreement upon completion of construction and final payment to the contractor. 6. Non-Compensatory Routine Maintenance Terms. In accordance with the Transportation Plan, as it may from time to time be amended, the routine maintenance terms are as follows: a. City Routine Maintenance. The City shall be responsible, at its sole cost, for routine maintenance of Storm Sewer Systems. Routine Maintenance is defined as: periodic inspections as determined and at a method chosen by the City, and cleaning and sediment removal from inside structures and pipes. b. County Routine Maintenance. The County shall be responsible, at its sole cost, for the following: i. Cleaning gutters and storm sewer inlet (catch basin) grates within the County right of way. 2

94 ii. Cleaning drainage ditches and culverts within County right of way. iii. Street sweeping or other cleanup methods as necessary on all County highways and for any illicit discharge into the Storm Sewer System from the County highway. 7. Compensatory Maintenance Terms. a. Inclusion in County 5-Year Capital Improvement Plan (CIP). For Storm Sewer System repair work to be eligible for County cost participation, projects must be included in the County s CIP. Generally, necessary Storm Sewer System repairs shall be made at the time of pavement resurfacing, road rehabilitation, or other improvement project identified in the County s CIP. i. Cost Participation. The County and the City shall share the cost of repairs to catch basins and pipes connecting catch basins on County highways to mainline pipes at a rate of 80% and 20%, respectively. The cost of repairs to mainline pipes and storm water treatment systems including manholes, pipes, control structures, outlet pipes, end treatments and detention and retention ponds shall be shared based on contributing flows. A rate of 20% County, 80% City may be used to approximate the contributing flows, or another method may be used to define a more exact rate if the County and City mutually agree prior to completing the work. ii. Plans. The City shall be responsible for inventorying and identifying necessary Storm Sewer System repairs and preparing plans and specifications for the County s review and incorporation into the County Project plans. To the extent practicable, the County shall provide 12 months advance notice of such projects. The Storm Sewer System repairs shall be in accordance with City standards unless the City and County mutually agree on alternative repair specifications. By submitting a written request from the Authorized Representative, the City agrees to pay their share of Project costs in accordance with this Agreement. iii. Inspection. The City shall be responsible for reasonable, on-site inspection during installation of new Storm Sewer Systems, or repairs, or replacement of 3

95 existing Storm Sewer Systems. Inspection shall include shop drawing review, daily quantities, daily inspection log, pay heights, and any as-built information the City collects, all in accordance with typical City standards and practices. b. Urgent Repairs. Storm Sewer System repairs that are not included in the County s CIP may be made as stand-alone projects to address immediate and urgent needs when determined as necessary by the County. Urgent repairs must be approved by both the City and the County prior to incurring any costs. i. Work performed under contract. The County and the City shall share Storm Sewer System repair costs and responsibilities in accordance with sections 7. a. i., 7. a. ii, and 7. a. iii. ii. Work completed by County and City staff. The County shall generally be responsible for traffic control, bituminous pavement removal, excavation, and bituminous patching and the City shall generally be responsible for repair or replacement of castings, rings, structures, and pipes. 8. Cooperative. The County and the City shall cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 9. Independent Contractor. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting City as the employee of the County for any purpose or in any manner whatsoever. 10. Mutual Indemnification. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney s fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants, or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. It is understood and agreed that the 4

96 County s and City s liability is limited by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 or other applicable law. 11. Payment. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 12. Rights/Remedies. All remedies available to either party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The waiver of any default by either party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default unless stated to be such in writing and signed by Authorized Representatives of the County and the City. 13. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 14. Authorized Representatives. The County s Authorized Representative for the purpose of the administration of this Agreement is Mark Krebsbach, Dakota County Engineer, Galaxie Avenue, 3 rd Floor, Apple Valley, MN , phone (952) , or his successor. The City s Authorized Representative for the purpose of the administration of this Agreement is John Mazzitello, Public Works Director, 1101 Victoria Curve, Mendota Heights, MN 55118, phone (651) , or his successor. All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. 15. Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Board or Council, and signed by Authorized Representatives of the County and the City. 5

97 16. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part(s) which are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either part. 17. Final Agreement. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. [SIGNATURE PAGE TO FOLLOW] N:\Highway\AGRMENT\2013\Storm Sewer Maint Agr Mendota Heights C doc 6

98 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized representative. CITY OF MENDOTA HEIGHTS RECOMMENDED FOR APPROVAL: Public Works Director By Mayor (SEAL) By City Clerk Date COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: By: County Engineer County Administrator Date: APPROVED AS TO FORM: COUNTY BOARD RESOLUTION No Date August 27, 2013 Assistant County Attorney Date 7

99 Dakota County Contract # C MAINTENANCE AGREEMENT FOR STORM SEWER SYSTEMS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT THIS AGREEMENT is made and entered into by and between the County of Dakota, hereinafter referred to as County, and the City of Rosemount, hereinafter referred to as City. WHEREAS, the parties desire to enter into an Agreement relating to the maintenance of Storm Sewer Systems located on County highways within the corporate limits of the City; and WHEREAS, the City has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached City Council Resolution; and WHEREAS, the County has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached County Board Resolution No NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. Purpose. The purpose of this Agreement is to define the rights and obligations of the parties with respect to the maintenance and repair of Storm Sewer Systems, in accordance with the Dakota County 2030 Transportation Plan, as adopted by the County Board of Commissioners on June 19, 2012, as that Plan may be amended from time to time, hereinafter referred to as Transportation Plan. For purposes of this Agreement, Storm Sewer Systems means existing or future storm sewer systems under or along County highways, within County highway right of way, and outside County highway right of way which conveys or receives drainage from County highways, within the corporate limits of the City. Storm Sewer Systems include but are not limited to: catch basins, castings, pipes, manholes, control structures, outlet pipes, and end treatments. This Agreement supersedes all previously executed joint powers agreements relating to maintenance of Storm Sewer Systems on County highways within the City. 1

100 2. Term. This Agreement shall be in force and effect from the date of execution by all parties and shall continue in effect until terminated in accordance with the provisions herein. 3. Termination. This Agreement may be terminated by either party upon one-year written notice and execution of a subsequent maintenance agreement for Storm Sewer Systems agreeable to both parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation, which by its nature, would survive after the date of termination. 4. Construction of New Storm Sewer Systems. New Storm Sewer Systems may be constructed by the County or the City. Any design cost and construction cost responsibilities between the parties for a new Storm Sewer System will be determined according to each specific future project agreement. Design plans and specifications shall be duly approved by the representative of the County and City prior to future construction of any new Storm Sewer System covered by this Agreement. 5. Commencement of Maintenance. Maintenance of all existing Storm Sewer Systems will commence in accordance with the terms and conditions of this Agreement upon execution of this Agreement. Maintenance of new Storm Sewer Systems constructed by the County or the City will commence in accordance with the terms and conditions of this Agreement upon completion of construction and final payment to the contractor. 6. Non-Compensatory Routine Maintenance Terms. In accordance with the Transportation Plan, as it may from time to time be amended, the routine maintenance terms are as follows: a. City Routine Maintenance. The City shall be responsible, at its sole cost, for routine maintenance of Storm Sewer Systems. Routine Maintenance is defined as: periodic inspections as determined and at a method chosen by the City, and cleaning and sediment removal from inside structures and pipes. b. County Routine Maintenance. The County shall be responsible, at its sole cost, for the following: i. Cleaning gutters and storm sewer inlet (catch basin) grates within the County right of way. 2

101 ii. Cleaning drainage ditches and culverts within County right of way. iii. Street sweeping or other cleanup methods as necessary on all County highways and for any illicit discharge into the Storm Sewer System from the County highway. 7. Compensatory Maintenance Terms. a. Inclusion in County 5-Year Capital Improvement Plan (CIP). For Storm Sewer System repair work to be eligible for County cost participation, projects must be included in the County s CIP. Generally, necessary Storm Sewer System repairs shall be made at the time of pavement resurfacing, road rehabilitation, or other improvement project identified in the County s CIP. i. Cost Participation. The County and the City shall share the cost of repairs to catch basins and pipes connecting catch basins on County highways to mainline pipes at a rate of 80% and 20%, respectively. The cost of repairs to mainline pipes and storm water treatment systems including manholes, pipes, control structures, outlet pipes, end treatments and detention and retention ponds shall be shared based on contributing flows. A rate of 20% County, 80% City may be used to approximate the contributing flows, or another method may be used to define a more exact rate if the County and City mutually agree prior to completing the work. ii. Plans. The City shall be responsible for inventorying and identifying necessary Storm Sewer System repairs and preparing plans and specifications for the County s review and incorporation into the County Project plans. To the extent practicable, the County shall provide 12 months advance notice of such projects. The Storm Sewer System repairs shall be in accordance with City standards unless the City and County mutually agree on alternative repair specifications. By submitting a written request from the Authorized Representative, the City agrees to pay their share of Project costs in accordance with this Agreement. iii. Inspection. The City shall be responsible for reasonable, on-site inspection during installation of new Storm Sewer Systems, or repairs, or replacement of 3

102 existing Storm Sewer Systems. Inspection shall include shop drawing review, daily quantities, daily inspection log, pay heights, and any as-built information the City collects, all in accordance with typical City standards and practices. b. Urgent Repairs. Storm Sewer System repairs that are not included in the County s CIP may be made as stand-alone projects to address immediate and urgent needs when determined as necessary by the County. Urgent repairs must be approved by both the City and the County prior to incurring any costs. i. Work performed under contract. The County and the City shall share Storm Sewer System repair costs and responsibilities in accordance with sections 7. a. i., 7. a. ii, and 7. a. iii. ii. Work completed by County and City staff. The County shall generally be responsible for traffic control, bituminous pavement removal, excavation, and bituminous patching and the City shall generally be responsible for repair or replacement of castings, rings, structures, and pipes. 8. Cooperative. The County and the City shall cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 9. Independent Contractor. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting City as the employee of the County for any purpose or in any manner whatsoever. 10. Mutual Indemnification. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney s fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants, or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. It is understood and agreed that the 4

103 County s and City s liability is limited by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 or other applicable law. 11. Payment. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 12. Rights/Remedies. All remedies available to either party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The waiver of any default by either party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default unless stated to be such in writing and signed by Authorized Representatives of the County and the City. 13. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 14. Authorized Representatives. The County s Authorized Representative for the purpose of the administration of this Agreement is Mark Krebsbach, Dakota County Engineer, Galaxie Avenue, 3 rd Floor, Apple Valley, MN , phone (952) , or his successor. The City s Authorized Representative for the purpose of the administration of this Agreement is Andy Brotzler, Public Works Director/City Engineer, th Street West, Rosemount, MN (651) or his successor. All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. 15. Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Board or Council, and signed by Authorized Representatives of the County and the City. 5

104 16. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part(s) which are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either part. 17. Final Agreement. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. [SIGNATURE PAGE TO FOLLOW] N:\Highway\AGRMENT\2013\Storm Sewer Maint Agr Rose C doc 6

105 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized representative. CITY OF ROSEMOUNT RECOMMENDED FOR APPROVAL: Public Works Director/City Engineer By Mayor (SEAL) By City Clerk Date COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: By: County Engineer County Administrator Date: APPROVED AS TO FORM: COUNTY BOARD RESOLUTION No Date August 27, 2013 Assistant County Attorney Date 7

106

107

108

109

110

111

112

113 Dakota County Contract # C MAINTENANCE AGREEMENT FOR STORM SEWER SYSTEMS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF WEST ST. PAUL THIS AGREEMENT is made and entered into by and between the County of Dakota, hereinafter referred to as County, and the City of West St. Paul, hereinafter referred to as City. WHEREAS, the parties desire to enter into an Agreement relating to the maintenance of Storm Sewer Systems located on County highways within the corporate limits of the City; and WHEREAS, the City has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached City Council Resolution; and WHEREAS, the County has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached County Board Resolution No NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. Purpose. The purpose of this Agreement is to define the rights and obligations of the parties with respect to the maintenance and repair of Storm Sewer Systems, in accordance with the Dakota County 2030 Transportation Plan, as adopted by the County Board of Commissioners on June 19, 2012, as that Plan may be amended from time to time, hereinafter referred to as Transportation Plan. For purposes of this Agreement, Storm Sewer Systems means existing or future storm sewer systems under or along County highways, within County highway right of way, and outside County highway right of way which conveys or receives drainage from County highways, within the corporate limits of the City. Storm Sewer Systems include but are not limited to: catch basins, castings, pipes, manholes, control structures, outlet pipes, and end treatments. This Agreement supersedes all previously executed joint powers agreements relating to maintenance of Storm Sewer Systems on County highways within the City. 1

114 2. Term. This Agreement shall be in force and effect from the date of execution by all parties and shall continue in effect until terminated in accordance with the provisions herein. 3. Termination. This Agreement may be terminated by either party upon one-year written notice and execution of a subsequent maintenance agreement for Storm Sewer Systems agreeable to both parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation, which by its nature, would survive after the date of termination. 4. Construction of New Storm Sewer Systems. New Storm Sewer Systems may be constructed by the County or the City. Any design cost and construction cost responsibilities between the parties for a new Storm Sewer System will be determined according to each specific future project agreement. Design plans and specifications shall be duly approved by the representative of the County and City prior to future construction of any new Storm Sewer System covered by this Agreement. 5. Commencement of Maintenance. Maintenance of all existing Storm Sewer Systems will commence in accordance with the terms and conditions of this Agreement upon execution of this Agreement. Maintenance of new Storm Sewer Systems constructed by the County or the City will commence in accordance with the terms and conditions of this Agreement upon completion of construction and final payment to the contractor. 6. Non-Compensatory Routine Maintenance Terms. In accordance with the Transportation Plan, as it may from time to time be amended, the routine maintenance terms are as follows: a. City Routine Maintenance. The City shall be responsible, at its sole cost, for routine maintenance of Storm Sewer Systems. Routine Maintenance is defined as: periodic inspections as determined and at a method chosen by the City, and cleaning and sediment removal from inside structures and pipes. b. County Routine Maintenance. The County shall be responsible, at its sole cost, for the following: i. Cleaning gutters and storm sewer inlet (catch basin) grates within the County right of way. 2

115 ii. Cleaning drainage ditches and culverts within County right of way. iii. Street sweeping or other cleanup methods as necessary on all County highways and for any illicit discharge into the Storm Sewer System from the County highway. 7. Compensatory Maintenance Terms. a. Inclusion in County 5-Year Capital Improvement Plan (CIP). For Storm Sewer System repair work to be eligible for County cost participation, projects must be included in the County s CIP. Generally, necessary Storm Sewer System repairs shall be made at the time of pavement resurfacing, road rehabilitation, or other improvement project identified in the County s CIP. i. Cost Participation. The County and the City shall share the cost of repairs to catch basins and pipes connecting catch basins on County highways to mainline pipes at a rate of 80% and 20%, respectively. The cost of repairs to mainline pipes and storm water treatment systems including manholes, pipes, control structures, outlet pipes, end treatments and detention and retention ponds shall be shared based on contributing flows. A rate of 20% County, 80% City may be used to approximate the contributing flows, or another method may be used to define a more exact rate if the County and City mutually agree prior to completing the work. ii. Plans. The City shall be responsible for inventorying and identifying necessary Storm Sewer System repairs and preparing plans and specifications for the County s review and incorporation into the County Project plans. To the extent practicable, the County shall provide 12 months advance notice of such projects. The Storm Sewer System repairs shall be in accordance with City standards unless the City and County mutually agree on alternative repair specifications. By submitting a written request from the Authorized Representative, the City agrees to pay their share of Project costs in accordance with this Agreement. iii. Inspection. The City shall be responsible for reasonable, on-site inspection during installation of new Storm Sewer Systems, or repairs, or replacement of 3

116 existing Storm Sewer Systems. Inspection shall include shop drawing review, daily quantities, daily inspection log, pay heights, and any as-built information the City collects, all in accordance with typical City standards and practices. b. Urgent Repairs. Storm Sewer System repairs that are not included in the County s CIP may be made as stand-alone projects to address immediate and urgent needs when determined as necessary by the County. Urgent repairs must be approved by both the City and the County prior to incurring any costs. i. Work performed under contract. The County and the City shall share Storm Sewer System repair costs and responsibilities in accordance with sections 7. a. i., 7. a. ii, and 7. a. iii. ii. Work completed by County and City staff. The County shall generally be responsible for traffic control, bituminous pavement removal, excavation, and bituminous patching and the City shall generally be responsible for repair or replacement of castings, rings, structures, and pipes. 8. Cooperative. The County and the City shall cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 9. Independent Contractor. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting City as the employee of the County for any purpose or in any manner whatsoever. 10. Mutual Indemnification. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney s fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants, or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. It is understood and agreed that the 4

117 County s and City s liability is limited by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 or other applicable law. 11. Payment. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 12. Rights/Remedies. All remedies available to either party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The waiver of any default by either party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default unless stated to be such in writing and signed by Authorized Representatives of the County and the City. 13. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 14. Authorized Representatives. The County s Authorized Representative for the purpose of the administration of this Agreement is Mark Krebsbach, Dakota County Engineer, Galaxie Avenue, 3 rd Floor, Apple Valley, MN , phone (952) , or his successor. The City s Authorized Representative for the purpose of the administration of this Agreement is Matt Saam, Public Works Director, 1616 Humboldt Avenue, West St. Paul, MN 55118, (651) , or his successor. All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. 15. Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Board or Council, and signed by Authorized Representatives of the County and the City. 5

118 16. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part(s) which are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either part. 17. Final Agreement. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. [SIGNATURE PAGE TO FOLLOW] N:\Highway\AGRMENT\2013\Storm Sewer Maint AgrWSP C doc 6

119 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized representative. CITY OF WEST ST. PAUL RECOMMENDED FOR APPROVAL: Public Works Director By Mayor (SEAL) By City Manager Date COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: By: County Engineer County Administrator Date: APPROVED AS TO FORM: COUNTY BOARD RESOLUTION No Date August 27, 2013 Assistant County Attorney Date 7

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137 GENERAL I. Except as otherwise permitted, construction work on county highway right of way shall not commence until an application for a Permit has been made and such Permit granted. The Permit sketch shall show the location of the proposed construction work with reference to county highway centerline and highway right of way line. The proper right of way width should be indicated. A copy of the sketch shall be provided for each copy of such Permit. II. Burning or disking operations and/or the use of chemicals to control or kill trees, brush and other vegetation is prohibited without prior approval from the County Engineer. III. All waterways and lines of drainage shall remain operative. IV. Wherever topsoil and sod are disturbed they shall be replaced and maintained satisfactorily until the turf is established. V. When necessary, barricades, warning devices and flagmen shall be provided by the contractor during all phases of their construction and maintenance operations on county highway right of way. The design and placement of all signs, barricades, and other warning devices shall conform to the current Minnesota Manual on Uniform Traffic Control Devices. VI. At the time of construction and at the times of subsequent maintenance, prior approval shall be obtained from the County Transportation Department for the cutting and trimming of trees within the county highway right of way. Wherever trees are cut the resulting stumps shall be removed unless otherwise provided in the Special Provisions of the Permit. Any holes caused by stump removal shall be backfilled, are leveled and all materials associated therewith disposed of outside the county highway right of way. The contractor shall advise the County Transportation Department at least 48 hours in advance of its intent to start clearing and grubbing operations. Rules and Regulations for work on County Highways VII. The city shall notify the Transportation Department of its intent to perform service and maintenance operations which will interfere with the flow of traffic on county highways, and shall obtain approval prior to performing m. such operations. However, the City may perform service and maintenance operations on county highways including opening and disturbing the surface of the right of way without prior approval in those instances where an emergency exists that is dangerous to the life or safety of the public and which requires immediate repair. The city shall take all necessary and reasonable safety measures to protect the traveling public and shall within two business days after the occurrence apply for the necessary permit. A permit is not required if the repair is caused by another permittee s work in the right of way. Vlll. The Applicant, Contractor, Development owner(s)and/or the city or township shall maintain ownership of and assume all liability for, and save the County, its agents and employees, harmless from, any and all claims for damages, actions or causes of action arising out of the work to be done herein and the continuing uses of the same, including but not limited to the placing, constructing, reconstructing, maintaining and using of any facilities constructed under this application and Permit. lx. The County may require the applicant, or its contractor to furnish a deposit in the form of a certified check, a surety bond or corporate undertaking, in favor of Dakota County, for any expense incurred by the County in the repairing of damage to any portion of the county highway right of way caused by work performed under a Permit, including any out of the ordinary engineering supervision and inspection expense provided by the county. In those instances wherein a deposit is required, the amount of the deposit shall be specified in the Special Provisions of the Permit. If a check is furnished, any monies remaining over the above such expense shall be returned to the applicant. X. The Permit as issued does not in any way imply an easement on public or private property. The permit does not convey any property rights within the highway right of way to the permittee. If the highway right of way covered by this permit needs to be used or changed, the county or its assigns may remove, change, or destroy the improvements described in this permit without any obligation to the permittee or its assigns to restore the improvements or pay any damages. XI. The Installations shall be made in conformity with all applicable laws, regulations and codes covering said installations. All installations shall be made in conformity with regulations of governmental agencies for the protection of the public. XIl. Upon completion of the work, the county highway right of way shall be immediately restore to its original condition or better. The County Transportation Department shall be notified within 5 working days so that a final inspection can be made to determine its acceptability. OPEN TRENCH Open trenching in road beds maybe allowed only after adequate justification. The Trench will not be allowed to remain open overnight. Excavations shall be tamped for compaction, backfilled and restored to MN/DOT Specifications using class 5 aggregate equal to or greater than existed. Bituminous surfaced roadways shall be patched with hot mixed bituminous material of equal or greater quality than the existing surface. UNDERGROUND l. I. All crossings made in the roadbeds of county highways shall be made by boring inside a casing or carrier pipe, by jacking, or by directional boring unless this procedure is modified in the Special Provisions of the Permit. The auger shall not lead the casing or carrier pipe by more than one inch. ll. At a minimum, bore pits shall be restricted to the area from 5 feet beyond the shoulder of the road. except as modified in the Special Provisions of the Permit. lll. When pipes with bells or flanges are installed, the crossings of the county highway shall be made by boring inside a conduit as provided in paragraph I of this section or jacking a conduit of sufficient diameter to permit threading the carrier pipe through it. lv. All voids caused by jacking or boring shall be filled by pressure grouting. The grout material shall consist of a sand-cement slurry of at least two sacks of cement per cubic yard and a minimum of water to assure satisfactory placement. V. The underground utilities shall be so installed as virtually to preclude any necessity for disturbing the roadbeds to perform maintenance operations. Vl. Underground installations shall be accomplished without damaging or destroying the principal root structure of specimen trees.

138 DAKOTA COUNTY TRANSPORTATION GENERAL EXCAVATION PERMIT FOR WORK WITHIN COUNTY HIGHWAY RIGHT OF WAY In accordance with the application herein, a Permit for Work in County Highway Right of Way is granted to to grade, construct, place or obstruct the right of way along or across County Highway No. in the location(s) described or shown on a sketch which is a part of said application, or in such location as may be specified by the County transportation Department in the Special Provisions hereof. SPECIAL PROVISIONS: 1. Prior to removal of any existing turf, all necessary Erosion Control Devices shall be in place. Wherever topsoil and/or sod are disturbed they shall be replaced within a maximum of SEVEN days or in accordance with the NPDES Permit if applicable, and maintained satisfactorily until the new turf is established. In addition, all work shall be in compliance with local, state and federal regulations. 2. All grading work, such as excavation, sub-cutting, backfilling, topsoil, seeding, sod, etc., shall be done in accordance with the MN/DOT Standard Specifications for Highway Construction, Current Edition. 3. Sub grade shall have an 18 minimum depth of sand or granular material under the road. 4. Class 5 base shall be replaced to a minimum depth of 9 inches or as found and compacted in accordance with MN/DOT Specification, Current Edition. Compaction shall be by the specified density method. 5. Bituminous surfacing shall be replaced to a minimum depth of 6 inches or as found and installed in accordance with MN/DOT S combined Specification 2350 / 2360 asphalt pavement. (4 inches of base and 2 inches wear) 6. If it appears that this project will require work within the traveled portion of the roadway or shoulder, the permittee must submit a traffic management plan a long with the permit application. This plan should incorporate whatever signs and/or flagmen the Contractor will be required to utilize and the Contractor s proposed work operation as it affects traffic on the County Road. This plan must be approved at least 24 hours in advance of any work in the roadway. A minimum of two weeks prior public notification is required if a detour is needed. The permittee must also notify and coordinate this work with local police and fire departments. No lane closures are permitted during rush hour time from: 6:00 a.m. to 8:30 a.m. and from 3:30 pm to 6:00 pm without prior approval in the following cities: Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota, Mendota Heights., Rosemount, South St. Paul, Sunfish Lake and West St. Paul. 7. The County will not be responsible for damages to an irrigation system from highway maintenance or signing activities or any other cause. The applicant agrees not to opereate the sprinkling system during frost or freezing conditions when over spray would cause ice conditions on the roadways or sidewalks and will suspend sprinkling when pedestrian activity is present. Other Requirements: Permit No. APPROVED BY: Dakota County Transportation Dept. Date 3

139

140 A APPLICATION FOR SHORELAND ALTERATION PERMIT Dakota County Shoreland Zoning and Floodplain Management Ordinance Dakota County Water Resources Office FOR OFFICE USE ONLY Western Service Center File: Galaxie Avenue Received: Apple Valley, MN Permit Fee Paid: Telephone: (952) ISTS Status: Fax: (952) Intent The uncontrolled use of shorelands of Dakota County, MN affects public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of public health, safety and welfare to provide for the wise use and development of shorelands of public waters. The Legislature of MN has delegated responsibility to local governments of the state to regulate the subdivision, use and development of shorelands of public waters to preserve and enhance the quality of surface waters, to protect and preserve the outstanding values of a designated Wild and Scenic River, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. Alteration Application Procedure 1) Submit completed application, site plan, and permit fee. If you have questions during this process call (952) ) Alteration plans must meet County shoreland setback requirements. Please check with your Township for township setbacks. 3) Once staff has reviewed the completed application, an inspection of the proposed alteration site will be conducted. 4) The permit will be issued after staff conducts an inspection and reviews the application for compliance. Natural Environment Lakes & Rivers County Shoreland Setback Requirements Check with the Water Resources for your local shoreland zoning classification. Recreation Recreation Wild & Transition Agricultural Lakes Rivers Scenic River River Rivers Remote Rivers Tributaries State/County 50 feet 50 feet 50 feet 50 feet 50 feet 50 feet 50 feet 50 feet Road Township 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet Road/RR Ordinary 200 feet 100 feet 200 feet 200 feet 200 feet 200 feet 200 feet 100 feet High Water Mark Side Lot 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Lines Rear Lot 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet Lines Minimum Lot 80,000 (sq ft) 43,560 (sq ft) 87,120 (sq ft) 174,240 80,000 (sq ft) 80,000 (sq ft) N/A 80,000 (sq ft) Size (sq. ft) (sq ft) Bluffline/Top 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet of Bluff Lot Width at Building Line & Water Frontage 200 feet 150 feet 250 feet 250 feet 250 feet 150 feet 300 feet 100 feet *Township requirements may differ Note: For an application to be processed, Sections A, B, C, and D must be completed in full. Incomplete applications may be returned to the applicant by the Zoning Administrator for completion. Property Owner: Address: Telephone: Section A: Owner Information (Last Name) (First Name) (Middle Initial) (Street Address or P.O. Box) (City) (State) (Zip Code) (Home) (Work)

141 Site Address: (Street Address) (City) (State) (Zip Code) Township Name: Property Identification number (PIN): (If unsure, see your tax statement) Name of Lake, River, or Stream: Applicant (if different than owner listed above): (Name) (Street Address or P.O. Box) (City) (State) (Zip Code) (Telephone) Contractor (if different than owner listed above): (Name) (Street Address or P.O. Box) (City) (State) (Zip Code) (Telephone) 1. Describe the present use of the site. Section B: Alteration Description 2. Describe the purpose of the proposed alteration. 3. Shoreland Best Management Practices (BMP s) should be used to help protect a site. Describe measures that will be utilized to prevent erosion, siltation, or contamination to the affected water body or bodies. Section C: Required Site Plan To evaluate your permit request, provide as much information as possible, such as maps, plans, etc. Create a detailed site plan with the following information that applies. (Contact the Zoning Administrator if you have any questions) Basic Elements Existing Features Proposed Changes Date of preparation Existing structures New structures Scale Existing driveways, roads, trails Fences North arrow Existing well/septic system Landscaping Property lines/boundary Adjacent roads Roads/driveways Property dimensions Length of shoreline frontage Grading-areas of cut and fill Ponds, lake rivers, streams Distance of structures to lot lines Existing vegetation Septic system Steep slopes Well Drainage patterns Right-of-ways Easements Page 2 of 3

142