Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
In general.
In addition to compliance with the general standards in part
6115.0215, subparts 2 to 5, specific requirements apply to the activities
described in subparts 2 to 6.
Subp.
2.
Riprap shore protection.
The protection of shoreline from continued erosion by
placement of natural rock riprap along the shore shall be approved if:
A. the riprap materials are of sufficient
size, quality, and thickness to withstand ice and wave action. The riprap must
be placed with a minimum amount of space between the larger materials and the
space between them must be filled with firmly seated smaller rocks or gabion
baskets to procure a uniform surface;
B. the site soils are capable of supporting
riprap and a filter consisting of well-graded gravel, crushed stone, or fabric
is installed to prevent undercutting of the riprap;
C. when site conditions warrant, the toe end
of the riprap is installed in a trench excavated into the bed of the public
water to anchor the riprap from ice and wave action, with all excavated
materials either used to back fill behind the riprap or removed from the bed of
the public water;
D. the
encroachment into the water is the minimum amount necessary to provide
protection and does not unduly interfere with the flow of water; and
E. adequate engineering studies are done to
certify the adequacy of the design of the riprap project, if deemed necessary
by the area hydrologist.
Subp.
3.
Bioengineering projects.
The grading or filling of materials below the ordinary high
water level to facilitate the installation or use of willow wattles, willow
posts, brush mattressing, brush layering, fiber roll breakwaters, plant
carpets, root wads, and other natural materials for erosion protection and
shoreline zone restoration purposes shall be approved if:
A. the methods and materials used are
designed in consultation with department or local government staff experienced
in the use of such materials;
B.
excavation and fill placement needed in conjunction with bioengineering
projects are minimized and are subject to all requirements related to fill and
excavation in parts 6115.0190, 6115.0191, 6115.0200, and 6115.0201;
and
C. a separate aquatic plant
management permit is obtained whenever the project involves planting aquatic
plants other than willow and dogwood.
Subp. 4.
Structural erosion control
projects.
Installation of rock gabions, A-jacks, cable concrete,
bendway weirs, interlocking concrete blocks, eddy rocks, deflectors, gravel
riffles, or other structural methods of erosion control or bank stabilization
shall be approved if:
A. adequate
engineering studies are performed to determine the suitability for use of any
of these types of erosion control projects, as determined by the
department;
B. the project is not
an aesthetic intrusion upon the area and is consistent with all applicable
local, state, and federal management plans, programs, and ordinances relating
to the affected waterbody;
C.
encroachment below the ordinary high water level is limited to the minimum
necessary for the construction project;
D. when the project involves the removal of
aquatic plants, a separate aquatic plant management permit is
obtained;
E. the project does not
adversely impact native plants, trees, or animals; and
F. any retaining wall complies with
requirements for structures under parts 6115.0210 and 6115.0211.
Subp. 5.
Wave breaks.
Grading, filling, or excavation to install rock, silt fence,
or any other material or device designed solely for the purpose of protecting
native aquatic plants from wave or current action during their establishment
shall be approved if:
A. the materials
do not obstruct navigation or the flow of water;
B. the project is done in conjunction with an
issued aquatic plant management permit; and
C. temporary (less than two years) wave
breaks are preferred over permanent structures, which must also meet the
requirements of parts 6115.0210 and 6115.0211.
Subp. 6.
Other erosion control
projects.
Using a structure, material, fill, excavation, or other
technique that is not covered under subparts 2 to 5 and that is designed
primarily to control erosion of the shoreline zone or to restore the shoreline
zone to a more natural condition or altering the shoreline zone in any way that
is not covered by specific regulations shall be approved if:
A. the intended purpose of the project is
reasonable with respect to all other alternatives;
B. any method of erosion control that is not
widely accepted as being effective is used only as a temporary or experimental
project, provided that the project sponsor must totally repair the shoreline
zone if the project proves to be unsuccessful within five years. A public
entity must be a cosponsor of the temporary or experimental project and accept
responsibility for maintenance, repair, and removal of the project;
C. the project complies with all other
federal, state, and local regulations and ordinances; and
D. the project adequately protects public
safety and promotes the public welfare.
Subp. 7.
Contaminated site restoration
projects.
Restoration of a site contaminated with materials or water
determined to be hazardous or toxic through a publicly funded study or site
cleanup process shall be approved if:
A. the study includes a discussion of
alternative approaches to restore the contaminated site; and
B. the commissioner, in consultation with the
Minnesota Pollution Control Agency, participated in either the development of
the site restoration plan or study and concurs with the site restoration plan
or study recommendations or participated in the development of the site
restoration funding initiative and concurs with the funded
initiative.
Statutory Authority: MS s
103G.315
