WATER RESOURCES PLAN SCOTT COUNTY MAY 2006 AMENDED OCTOBER 2007 AMENDMENT APPROVED AUGUST 2008 Table of Contents Executive Summary/Acronym List................................................................... Pages i - ii Introduction ......................................................................................................Pages 1-7 Section 1 Land and Water Resource Inventory.............................................Pages 8-40 Section 2 Impacts on Other Units of Government .......................................Pages 41-49 Section 3 Background and Assessment of Issues ......................................Pages 50-85 Section 4 Goals and Policies.....................................................................Pages 86-123 Section 5 Administration..........................................................................Pages 124-132 Appendix A – Glossary Appendix B – Scott County Proposed Work Plan Appendix C – Vermillion River Watershed Supplementation Information Vermillion River Watershed Joint Powers Organization Goals, Policies and Standards, and the Scott County Water Resources Plan Executive Summary Page i EXECUTIVE SUMMARY The purpose of the Scott County Water Resources Plan (Water Plan) is to serve as the basis for managing surface and groundwater within the unincorporated areas of Scott County. Scott County is responsible for completing a Local Water Plan for the unincorporated areas within the Scott Watershed Management Organization (WMO), the Lower Minnesota River Watershed District (LMRWD), the Prior Lake – Spring Lake Watershed District (PLSLWD), and the Vermillion River Watershed Joint Powers Organization (VRWJPO). This Water Resources Plan will serve as the County’s Local Water Plan upon approval by the respective Watershed Organizations and adoption by the Scott County Board of Commissioners. This Water Plan has been completed in accordance with MN Statute 103B.235, MN Rules Chapter 8410, and the various Watershed Organization Comprehensive Water Resource Management Plans. The statute and rule listed in the above paragraph were used to formulate a set of overall water resource management goals for Scott County. These overall goals are provided below, with more specific management objectives provided later within this document. 1. To manage the quantity and to improve the quality of runoff entering rivers, streams, lakes, wetlands, and groundwater within the Scott County. 2. To protect and enhance wetland ecosystems by managing contributing watersheds, and to ensure/encourage a measurable net gain of wetland functions and acreage throughout Scott County. 3. To preserve and enhance surface water quality in Scott County’s water bodies and watersheds, commensurate with the eco-region and desired uses. 4. To protect groundwater quality and improve groundwater supplies through the effective implementation of this Water Resources Plan and the Scott County Groundwater Protection Plan, which is incorporated by reference into this Plan. 5. To reduce, to the greatest extent possible, non-point source pollution from agricultural activities, development, and other land disturbing activities. 6. To protect human life, property, and surface water systems that could be damaged by flood events. 7. To implement the County’s current Comprehensive Plan as a guide for development within the County by providing policies, objectives, and ordinances to support Scott County Water Resources Plan –Amendment 1 October 2007 Executive Summary Page ii development while at the same time protect and manage the County’s water resources 8. To inform, educate and involve individuals, groups, businesses, industry and government in the protection and cleanup of Scott County’s water resources, thereby increasing the understanding of water resource management and creating a long-term commitment to improve and protect the County’s water resources. This Water Plan incorporates the majority of the Scott WMO’s Comprehensive Water Resource Management Plan, both in style and content, as most of the unincorporated areas of the County fall within the WMO’s jurisdiction. Therefore, the County is adopting similar goals, policies, and objectives to address the water management issues that affect the unincorporated areas of the County, as identified by the WMO. However, this plan does acknowledge that the County must recognize and administer ordinances that address the standards and rules that other watersheds administer in their jurisdictions where they affect the unincorporated areas of the County. Scott County will actively work with the Lower Minnesota River Watershed District, the Prior Lake – Spring Lake Watershed District, and the Vermillion River Watershed Joint Powers Organization to ensure compliance with their respective standards and rules under the Scott County Water Resources Plan. This plan does not purport to identify all water resource management issues the County may face. The plan is proposed to be a dynamic document which will undergo future updates as other water resource management issues are identified as a result of continued land use and cultural changes in a rapidly developing County. Scott County Water Resources Plan –Amendment 1 October 2007 Introduction Page 1 INTRODUCTION I. Plan Purpose The Scott County Water Resources Plan (Water Plan) fulfills the requirements of MN Statute 103B.235 – Local water management plans, MN Rules Chapter 8410, and the Scott WMO Comprehensive Water Resource Management Plan. The overall purpose of this Plan is to protect, preserve and manage surface and groundwater systems within the unincorporated areas of Scott County in the face of rapid urban growth and intensive agricultural activity. The Plan also presents sustainable and equitable means to effectively reach this purpose by providing guidance and specific standards for decisionmakers, residents, landowners, educators, and implementing staff at the local level. II. Regulated Areas The Scott County Water Resources Plan addresses stormwater management strategies for the unincorporated areas of the County. This includes the following eleven (11) townships; Belle Plaine, Blakeley, Cedar Lake, Credit River, Jackson, Helena, Louisville, New Market, St. Lawrence, Sand Creek, and Spring Lake. III. Compatibility with Other Jurisdictions This Water Plan has been completed to meet the minimum requirements of the Scott WMO Comprehensive Water Resource Management Plan adopted in February 2004. Portions of unincorporated Scott County fall within the jurisdictional boundaries of three other watersheds; Lower Minnesota River Watershed District (LMRWD), Prior LakeSpring Lake Watershed District (PLSLWD), and the Vermillion River Watershed Joint Powers Organization (VRWJPO). It is important that the County’s Water Plan be coordinated with the standards and rules of these three watershed jurisdictions as well as the Scott WMO. The Scott WMO attempted to maintain consistency with these Scott County Water Resources Plan – Amendment 1 October 2007 Introduction Page 2 watershed jurisdictions when the WMO drafted and adopted their Comprehensive Water Resource Management Plan. Therefore, by meeting the minimum requirements of the Scott WMO, the County feels that this Water Plan will be consistent with the management goals of the other watershed districts. However, the other watersheds may have different standards and rules to meet these common goals. Therefore, the County will revise the existing Zoning Ordinance so that land development/alterations in areas outside of the Scott WMO will have to meet the rules of the other watersheds where more stringent rules would apply. For example, if a parcel of land is developed within the VRWJPO and the VRWJPO establishes larger buffer widths than the minimum requirements of the Scott WMO, the developer will be required to meet the requirements of the VRWJPO. The County is also working with the PLSLWD to administer permitting of water resource management for the unincorporated areas of the County that fall within the watershed district. Therefore, the PLSLWD would not need to issue a separate permit for land disturbing activities that also receive a grading permit from the County. The County would be responsible for ensuring that an applicant not only meet the regulations of the County, but also the minimum requirements of the watershed district. This Water Resources Plan has been reviewed and approved by the PLSLWD and the Scott WMO, and reviewed by the LMRWD as of the date of this amendment (October 2007). This amendment is being completed primarily to demonstrate equivalency with the VRWJPO Plan and Standards. There are minor changes in the Executive Summary, the Introduction and Sections 2, 4 and 5 of this plan. However, the primary amendments are incorporated with the addition of a new appendix to the plan. This appendix (Appendix C) is specific to the VRWJPO requirements and benchmarks the Scott County Water Resources Plan components with the requirements of the VRWJPO Watershed Plan. Where gaps are identified actions by the County are detailed or equivalent Scott County Water Resources Plan – Amendment 1 October 2007 Introduction Page 3 approaches described. This appendix is an extension of the plan specific to the resources, goals, policies, and actions of the County as they apply to areas in the Vermillion River Watershed. IV. Management Goals, Objectives and Policies Scott County adopts the Management Goals of the Scott WMO through the adoption of this Water Plan. The Scott WMO followed the guidelines established in State Statute to develop a set of overall water management goals, which are listed in the Executive Summary and Section 4 of this Water Plan. These goals provide recognition of the County’s and WMO’s water resources and guidance for managing those resources. Based on these goals, this Plan identifies those priority issues that require appropriate action. The Scott WMO planning process included reviewing the existing first generation watershed plans, citizen and landowner surveys, focus groups, and several issue identification and prioritization sessions with the Citizen Advisory Committee (CAC) and Technical Advisory Committee (TAC) to identify and prioritize issues. High priority issues identified by the Groundwater Advisory Committee in 1999 were also included. As a result of this process during 1999 through 2001, issues requiring action were identified. The County’s Water Plan identifies policies and implementation objectives for each of these issues, as summarized below: A. Stormwater Management Objectives 1. Establish, evaluate, refine, and implement stormwater management, erosion control, and wetland protection rules and ordinances for land disturbing activities, including National Pollutant Discharge Elimination System (NPDES) Phase II. 2. Establish stormwater management system maintenance standards and identify public management responsibilities. Scott County Water Resources Plan – Amendment 1 October 2007 Introduction Page 4 3. Encourage restoration on damaged/susceptible stream banks/corridors for erosion control. 4. Develop stormwater management plans that identify capital and operational costs for and methods to address fees to new development for stormwater management. 5. Develop a regional stormwater management strategy using hydrologic/hydraulic modeling. 6. Mitigate and reduce the impact of localized flooding when feasible. 7. Mitigate and reduce the impact of stormwater discharge on downstream conveyance systems. B. Wetland Management Objectives A County-wide Level III wetland inventory has been completed by the Scott Soil & Water Conservation District (SWCD). This data can be viewed as a layer on the County’s GIS program. The following objectives also need to be met. 1. Develop and implement a Comprehensive Wetland Management Plan, to include a wetland protection program. 2. Establish wetland buffer requirements for structures, land disturbing activities, and adjacent uses in new developments based on wetland function levels. C. Surface Water Quality Objectives 1. Support the WMO’s objective to develop and implement water quality monitoring and diagnostic programs to preserve, protect and improve the water quality of the County’s surface waters. 2. Support the WMO’s objective to analyze monitored data, identify trends, identify data gaps, and target areas with water quality issues. 3. Support the WMO’s objective to establish implementation programs through the establishment of water quality goals and the evaluation of the effectiveness of management activities on the affected water bodies. Scott County Water Resources Plan – Amendment 1 October 2007 Introduction Page 5 4. Minimize water quality impacts from new development and land disturbing activities by requiring the use of best management practices and by providing rules and ordinances to implement erosion/sedimentation control practices. 5. Maintain active involvement with the NPDES Phase II program. D. Groundwater Objectives 1. Implement the strategies and objectives of the Scott County Groundwater Protection Plan. 2. Provide education on the hydrologic cycle, groundwater and groundwater/surface water interactions. E. Agricultural Uses Objectives 1. Reduce soil erosion (sheet and rill, wind erosion, gully and streambank erosion) on agricultural land to the recommended "T" value (the maximum rate of soil erosion that will maintain a high level of long-term crop production) or below. 2. Protect to the greatest extent possible all surface and groundwater resources from agricultural soil erosion, sedimentation, nutrient and chemical contamination. 3. Preserve and protect all agricultural wetland areas to improve water quality, prevent flooding and erosion from surface flows, protect fish and wildlife habitat and promote groundwater recharge. 4. Protect to the greatest possible extent all existing wildlife habitat areas and promote the development of additional wildlife habitat on agricultural lands. F. Flooding Objectives 1. Manage runoff from development/redevelopment through stormwater rate and volume control techniques and optimize site design practices to alleviate downstream flooding. Scott County Water Resources Plan – Amendment 1 October 2007 Introduction Page 6 2. Cooperate with Minnesota Department of Natural Resources (MnDNR) to ensure that water body control structures and outlets are in good working condition and that they remain in good working condition within shoreland areas and public water bodies. 3. Limit floodplain alterations in order to obtain “no net loss” of floodplains; including the preservation, restoration and management of floodplain wetlands. 4. Mitigate or reduce the impact of localized flooding when feasible and ensure that structures are properly located relative to the floodplain. 5. Work with the Federal Emergency Management Agency (FEMA) to complete floodplain mapping under their Cooperating Technical Partners (CTP) program. G. Urban Development Objective 1. Coordinate the implementation of the Scott County Water Resources Management Plan with the implementation of the current Scott County Comprehensive Plan Update. H. Education Objective 1. Implement the Education Strategy activities. V. Plan Overview The Plan is comprised of five main sections including a section containing pertinent definitions and acronyms, and several appendices. The main sections are briefly outlined below. A. Section 1: Land and Water Resource Inventory This section summarizes information and presents data sources characterizing Scott County’s land and water resources. Important points include: • Glacial deposits cover bedrock geology throughout the county. Scott County Water Resources Plan – Amendment 1 October 2007 Introduction • Page 7 Groundwater aquifers are highly susceptible to contamination along the Minnesota River valley. • Prior to Euro-American settlement circa (1850) the majority of Scott County was forested, but today the county is urban and agricultural. Continued rapid urbanization will place more pressure on Scott County resources. • Scott County provides numerous recreational opportunities, with the Minnesota River, lakes, parks and historic/cultural sites, in addition to providing habitat for rare and endangered species. B. Section 2: Impacts on Other Units of Government This section characterizes the role of the Scott County Natural Resources Department and Community Development Division, County administrative tasks, and intergovernmental and institutional relationships. C. Section 3: Assessment of Issues This section discusses the concerns related to water resources in Scott County. Key issues include: • Lakes and streams with water management concerns. • Stormwater rate and volume control and impacts of discharges. • Soil erosion in urban, rural, and agricultural areas. • Impacts on groundwater from feedlots, landfills, mining operations, and other land disturbing activities. • Coordination/communication between the County, cities, townships, and the County’s Public Works Division. D. Section 4: Goals and Policies Section 4 outlines specific policies, objectives, and implementation activities for the main issue areas, including stormwater management, wetland management, surface water quality, ground water, agricultural uses, flooding, urban Scott County Water Resources Plan – Amendment 1 October 2007 Introduction Page 8 development and education. The section also includes implementation action tables with specific priorities, projects, participants, timelines, and costs. E. Section 5: Administration This section outlines the organization of the Scott County and the Community Development Division, along with its responsibilities, development review process and administration, funding mechanisms, and Plan adoption and implementation procedures. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 8 Section 1 Land and Water Resource Inventory I. Introduction Scott County was established and organized by an Act of the state legislature on March 5, 1853. The County, with an area of 375 square miles, is comprised of 11 townships and eight cities. The County was the fastest growing county in Minnesota during the decade of the 1990s. During that period the County’s population grew almost 55 percent from 57,846 persons in 1990 to 89,498 in the 2000 Census. Scott County has the 9th largest population out of the 87 counties in Minnesota and was named the 8th fastest growing county in the U.S in 2003. A detailed discussion of the Scott County history and population trends can be found in the Scott County 2020 Comprehensive Plan Update and on the County’s web site at www.co.scott.mn.us. The majority of Scott County falls within the jurisdiction of the Scott WMO which is comprised of portions of five watersheds: Sand Creek, Southwest, Shakopee Basin, Credit River and Prior Lake Spring Lake (Map 1). The remainder of the unincorporated areas of the County is within one of three other watershed jurisdictions: the Lower Minnesota River Watershed District, the Prior Lake Spring Lake Watershed District, or the Scott County portion of the Vermillion River Watershed District Joint Powers Organization (Map 2). The maps referred to within the text of this document can all be found at the end of Section 1. Appendix C contains additional maps showing greater detail for the Vermillion River watershed portion of the County. Prior to settlement by Euro-American pioneers, Scott County had large areas of hardwood forests with some pockets of prairie land (Map 3). Today most of that land has been cleared for farming and human settlement. Land use and land cover across Scott County is diverse and ranges from urbanized areas to agricultural operations. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory II. Section 1, Page 9 Climate and Precipitation The hydrologic cycle describes the movement of water through the environment. Beginning with precipitation as the first of four major phases of the hydrologic cycle, the other phases are infiltration, evaporation, and transpiration. Records of precipitation will be essential or useful as supplements to specific investigations of water resources. Various hydrologic and hydraulic design models require different climatic information. Depending on the model used, the climatic variables needed include rainfall amount, annual average precipitation, temperature, precipitation frequency, and snowmelt. This section provides information that is basic to most hydrologic and hydraulic design models, as well as information that may be useful in responding to questions about rainfall and runoff. Monthly precipitation records from the Minneapolis/St. Paul International Airport weather station from 1940 to 2000 are shown in Table 1.1. This station is located about 10 miles northeast of the County. The Minneapolis/St. Paul records were chosen because this station has the longest continuous record for the region. As indicated in this table, the long term average annual precipitation is 27.8 inches per year. Of this, 85 percent falls between March and October, and 15 percent falls between November and February, mostly in the form of snow. Most rainfall occurs in June. Average snowfall in this area is approximately 49.6 inches per year (http://climate.umn.edu.) The State Climatologist’s office also maintains volunteer precipitation records for most of Minnesota. Volunteer observations for Scott County for years 1980 through 2000 are summarized in Figure 1.1. TABLE 1.1 Minneapolis/St. Paul Monthly Precipitation Summary, 1940-2000 Year 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 Jan 0.37 0.74 0.15 0.91 0.24 0.63 0.94 0.71 0.15 1.65 1.27 0.44 Feb 0.91 0.89 0.45 0.57 1.10 1.84 1.15 0.20 1.37 0.14 0.68 1.71 Mar 2.16 0.77 1.74 0.81 1.20 1.95 1.20 0.47 1.43 3.37 2.20 3.00 Apr 1.21 1.87 3.41 0.98 2.24 2.95 0.66 2.44 1.77 1.89 4.39 4.86 May 1.64 2.91 6.78 4.27 6.15 3.09 3.04 2.57 0.74 0.90 2.87 4.14 Jun 7.10 3.29 2.69 4.23 6.69 5.57 7.80 5.30 2.58 2.74 1.26 5.50 Jul 2.46 1.98 3.80 3.78 4.39 4.13 2.76 0.96 1.34 6.01 3.74 5.44 Aug 4.54 3.66 2.11 1.75 3.65 2.27 0.43 2.41 3.37 2.64 1.84 1.94 Scott County Water Resources Plan – Amendment 1 Sep 0.41 3.47 7.53 2.47 0.97 2.13 6.58 1.48 1.04 2.67 1.46 5.80 Oct 1.57 5.52 0.78 1.30 0.26 0.30 2.51 1.10 0.60 1.72 1.22 1.44 Nov 5.15 1.05 0.27 1.64 2.10 0.93 1.22 2.85 1.89 0.42 0.89 2.12 Dec 1.02 0.85 0.85 0.00 0.09 1.41 0.68 0.60 0.67 0.99 1.99 1.21 Total 28.54 27.00 30.56 22.71 29.08 27.20 28.97 21.09 16.95 25.14 23.81 37.60 Avg./year 2.38 2.25 2.55 1.89 2.42 2.27 2.41 1.76 1.41 2.10 1.98 3.13 October 2007 Land and Water Resource Inventory Section 1, Page 10 Year 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Jan 1.05 0.55 0.25 0.47 0.48 0.32 0.21 0.11 0.68 0.28 0.55 0.46 0.47 0.47 0.95 3.63 0.71 2.05 0.47 1.22 0.84 0.92 0.17 2.82 0.87 0.65 0.38 1.09 0.94 0.30 2.45 0.67 0.88 0.87 0.90 0.63 1.37 0.52 0.10 0.49 0.66 1.25 1.17 0.36 1.87 1.71 1.64 2.67 0.90 Feb 1.20 1.23 0.32 1.54 0.20 0.83 0.24 0.61 0.22 0.89 2.07 0.41 0.06 1.59 1.55 1.59 0.13 0.31 0.16 1.74 0.49 0.84 1.06 0.79 0.59 0.93 0.24 1.39 0.67 2.14 0.43 1.19 1.64 0.50 0.84 0.13 0.30 1.04 0.77 1.03 0.57 0.39 0.78 0.25 0.24 0.30 0.80 0.40 1.08 Mar 3.09 1.51 2.10 0.52 1.62 1.31 0.32 0.59 0.81 2.81 1.87 1.18 1.35 4.75 2.48 0.96 1.89 0.90 2.05 1.21 1.25 1.12 1.00 1.67 2.83 2.66 0.79 2.55 1.12 0.71 2.09 3.22 1.47 4.48 2.03 0.64 1.33 2.19 3.66 2.29 1.56 1.25 0.32 2.11 1.39 1.18 4.56 1.86 1.12 Apr 0.59 3.55 5.63 1.44 0.67 2.54 2.31 1.23 2.04 5.20 3.18 3.25 2.98 3.52 0.89 4.07 2.94 1.55 3.55 1.11 1.69 2.32 2.42 5.40 0.80 1.84 3.63 0.66 0.83 2.17 1.62 3.97 3.86 1.81 5.88 0.16 1.58 2.66 3.80 3.58 1.99 1.99 3.77 1.90 0.76 1.01 1.56 3.43 1.12 May 2.86 1.92 2.54 0.69 1.96 3.13 1.39 5.03 3.19 3.48 8.03 5.06 3.44 7.86 1.46 0.61 3.74 1.98 4.77 3.14 2.18 2.48 2.08 3.81 1.13 2.86 3.79 4.55 2.29 2.18 4.99 6.20 2.29 3.65 3.48 1.88 1.70 3.38 3.36 6.35 1.15 4.02 2.21 2.43 2.37 1.70 4.40 6.56 4.56 Jun 3.98 7.10 4.71 1.53 6.58 4.12 2.01 4.07 3.08 1.87 1.48 1.91 2.18 4.01 3.51 7.53 6.78 2.93 1.27 3.52 3.31 1.06 5.21 7.99 3.86 3.57 7.09 4.78 5.52 4.42 1.44 5.22 7.95 2.18 5.34 1.95 0.22 3.50 9.82 2.57 3.68 6.28 3.09 3.38 4.76 3.70 6.52 3.68 4.55 Jul 4.56 6.81 1.33 7.10 5.18 6.31 3.15 2.60 1.93 2.94 5.12 1.53 2.02 4.69 2.47 1.36 6.46 2.95 3.66 3.94 5.12 2.90 1.14 0.58 2.45 3.72 3.19 2.34 2.30 4.09 0.92 3.07 3.03 2.20 4.11 17.90 1.17 3.50 5.06 2.95 5.21 5.58 4.12 2.72 2.09 12.60 2.63 4.55 6.10 Aug 4.18 2.75 3.08 2.15 5.22 5.75 3.03 6.60 3.99 2.38 3.47 1.55 5.42 4.04 4.40 2.79 0.75 0.99 2.19 1.78 2.48 3.05 2.75 4.92 1.39 9.31 5.77 7.04 3.26 4.73 3.80 3.12 5.15 5.02 4.44 3.67 4.29 2.92 1.71 3.14 4.54 6.50 2.90 4.59 1.43 6.01 5.99 2.64 3.19 Sep 0.42 0.55 3.65 0.99 0.79 1.65 1.09 2.29 3.79 3.01 2.46 3.47 5.21 4.90 1.69 0.63 6.16 0.49 3.19 2.73 1.96 2.08 0.58 1.31 1.42 4.43 2.47 2.20 3.68 1.46 1.50 3.34 2.65 4.37 6.90 1.28 2.79 1.28 1.88 5.43 5.20 2.04 4.74 2.21 1.30 3.19 1.32 2.73 2.15 Oct 0.01 0.15 1.23 2.21 1.95 1.40 1.55 2.43 0.31 3.03 1.69 0.81 0.57 0.90 3.53 1.73 5.62 2.53 4.97 5.68 1.77 1.29 1.69 0.27 0.49 2.34 0.19 3.16 0.66 2.69 3.45 2.61 5.48 3.66 1.77 0.60 0.80 0.53 1.23 2.52 2.11 0.79 4.65 3.68 3.01 2.03 2.19 0.92 1.09 Nov 1.28 1.54 0.61 1.04 1.35 1.56 1.01 0.63 0.87 1.06 0.52 0.52 1.19 1.98 0.39 0.09 0.54 0.65 3.82 2.67 1.11 1.97 0.66 4.80 0.16 1.42 1.84 0.98 0.26 2.16 3.27 4.93 0.31 1.72 0.62 2.07 2.86 1.38 0.65 5.29 1.95 1.57 1.39 0.88 5.08 0.69 1.32 0.77 3.26 Dec 0.45 1.76 0.33 1.26 0.20 0.24 0.21 1.28 0.55 1.60 0.26 0.60 1.08 1.23 1.02 0.45 2.21 2.06 0.43 0.70 1.57 1.10 0.35 0.79 0.51 1.15 0.88 0.33 0.24 0.92 4.27 1.53 2.24 1.20 0.31 1.25 0.67 0.42 1.01 1.05 1.05 0.55 0.53 1.15 1.75 0.31 0.46 0.33 0.93 Total 23.67 29.42 25.78 20.94 26.20 29.16 16.52 27.47 21.46 28.55 30.70 20.75 25.97 39.94 24.34 25.44 37.93 19.39 30.53 29.44 23.77 21.13 19.11 35.15 16.50 34.88 30.26 31.07 21.77 27.97 30.23 39.07 36.95 31.66 36.62 32.16 19.08 23.32 33.05 36.69 29.67 32.21 29.67 25.66 26.05 34.43 33.39 30.54 30.05 Min Max Avg 0.10 3.63 0.88 0.06 2.14 0.82 0.32 4.75 1.77 0.16 5.88 2.45 0.61 8.03 3.27 0.22 9.82 4.19 0.58 17.90 3.84 0.43 9.31 3.56 0.41 7.53 2.67 0.01 5.68 1.94 0.09 5.29 1.63 0.00 4.27 0.94 16.50 39.94 27.96 Avg./year 1.97 2.45 2.15 1.75 2.18 2.43 1.38 2.29 1.79 2.38 2.56 1.73 2.16 3.33 2.03 2.12 3.16 1.62 2.54 2.45 1.98 1.76 1.59 2.93 1.38 2.91 2.52 2.59 1.81 2.33 2.52 3.26 3.08 2.64 3.05 2.68 1.59 1.94 2.75 3.06 2.47 2.68 2.47 2.14 2.17 2.87 2.78 2.55 2.51 For current data see: http://climate.umn.edu Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 11 The factors affecting the fate of precipitation are complex. FIGURE 1.1: Monthly Precipitation for Scott County, 1980-2000 10 Local 9 seasonal precipitation, variations temperature, in and vegetation, in addition to cultural and physical features can affect how a watershed precipitation. responds to 8 Precipitation (inches) and 7 6 5 4 3 The University of 2 Minnesota estimates that 76 percent 1 of precipitation is returned to the 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Month atmosphere by evapotranspiration, Max. Min. Mean 22 percent is included as runoff, and 2 percent is recharged into the groundwater. Using these figures, of the 27.8 inches of annual precipitation in Scott County, approximately 21.1 inches is returned to the atmosphere through evapotranspiration, 6.1 inches runs off, and 0.6 inches is recharged to the groundwater. Runoff occurs when soils are sufficiently saturated and surface storage conditions are exceeded. Volumes of runoff vary according to storm event, storm topography, storm intensity, land cover, temperature, etc. High-volume, short-duration, high-intensity storms, in addition to rapid snowmelt, tend to result in greater runoff than storms of similar magnitude extended over longer periods. Additionally, greater volumes of runoff occur in areas where most precipitation falls from late fall to early spring, or areas with many impermeable surfaces. In Scott County, most runoff occurs as a result of snowmelt combined with rainfall on frozen or saturated soil in the spring, as well as rainfall on saturated soils in the autumn months of September and October. Significant rainfall events are usually classified as 1-, 2-, 5-, 10-, 25-, 50- and 100-year, 24-hour storm events. These terms do not mean that a “100-year” storm event occurs only once every 100 years. Rather, each event has a certain probability of occurring in any given year. For Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 12 example, a 2-year storm event has a 50 percent chance to occur in a given year, a 5-year event has a 20 percent chance to occur, a 100-year event has a 1 percent chance, and so forth. Rainfall intensity during a particular period can vary significantly throughout the County, since storm events in this region are often extremely localized. It is not unusual to have 100-year and 2-year storm events occurring in different parts of the County at the same time. More often than not, many storm events of FIGURE 1.2: Precipitation Events Used in Modeling 24-hour Event Rainfall (inches) 1-year 2.33 2-year 2.78 different 5-year 3.58 probabilities can occur in the County in 10-year 4.20 any given year. Figure 1.2 summarizes 25-year 4.83 50-year 5.35 100-year 6.00 the typical precipitation events used for hydrologic and hydraulic design within Scott County. The typical growing season in Scott County is about 139 days. The average date of the first killing frost is September 29 and the average date of the last killing frost is May 13 (USDA 1959). The average temperature in the County is about 45° F. Additional information or updated information can be accessed at the “Climatology Working Group” homepage, run by the Minnesota Department of Natural Resources, University of Minnesota Extension Service and the University of Minnesota, at: http://climate.umn.edu . III. Geology and Topography Portions of this section were taken from the “Scott County, Minnesota Groundwater Protection Plan”, adopted March 23, 1999 by the Scott County Board of Commissioners. Please see the Groundwater Plan for additional information. In addition, the Geologic Atlas for the County was Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 13 updated in 2006. The following discussion does not include this more recent information. The new information is available from the County and the University of Minnesota. The groundwater we use is contained in the rocks, soils, and minerals of our area. That is, the geology of the County forms the entry points, exit points and pathways of water in the groundwater system. The purpose of this section is to convey a general understanding of Scott County geology. Like other counties of the metropolitan area, Scott County has three basic geologic units, which are as follows from top to bottom: FIGURE 1.3: General Scott County Geology 1. Glacial deposits. 2. Bedrock formed in shallow marine sediments deposited between 480 million and 950 million years ago. 3. Bedrock of volcanic of metamorphic origin. Figure 1.3 shows the geologic layers underlying Scott County. The origin of the geologic material, how it was deposited, and how it was subsequently re-worked determine the properties of these three geologic units. The material within the three units may be thought of as water bearing (porous and permeable enough to contain and transmit water in pumpable quantities) or as confining (not permeable enough). Porosity can occur as fractures in solid material, as sand and gravel deposits, or as a Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 14 combination of the two. The combined characteristics of the water-bearing and confining geologic materials determine the location and flow of groundwater aquifers. Groundwater flow may be thought of as having a vertical component and a horizontal component. Vertical water movement characteristics are determined by the flow pathways available to water in the geologic structure, as well as the time necessary for water to move downward to a zone of saturation. Geological structure also defines the horizontal movement of groundwater and the size of the groundwater units. The rate of horizontal movement reflects the rate of potential contaminant spread in an aquifer system once the contaminant has found its way to the aquifer. The re-working of geologic material over time creates factors important to infiltration and recharge, affecting groundwater vulnerability. For example: today’s topography and drainage network are the result of long-acting forces that have produced features such as lakes, wetlands, streams, and rivers. Soil properties are also affected by geologic re-working. The soils we have today are the originally deposited geologic material modified by five soil forming factors: parent material, climate, biota, topography, and time. The effects of the soil forming factors on the soil vary with the soil’s location in the landscape (e.g.: ridge top, slope, toe, basin, etc.). Infiltration characteristics at the land surface and shallow subsurface areas primarily depend upon soil characteristics, geology, and surface drainage. These first layers of soil, and the topography on which they lay, are the gateway to our groundwater. Once water has found its way into the subsurface, its movement is governed by the confining or water bearing materials it encounters. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory A. Section 1, Page 15 Surficial Geology Approximately 2 million years ago the topography of Scott County was formed in sedimentary rock, consisting of broad, rolling plateaus divided by sharply cut valleys. An artist’s sketch of that pre-glacial landscape is shown in the Scott County Geologic Atlas series available from the University of Minnesota (http://www.geo.umn.edu/mgs/) Today, that landscape is buried and referred to, informally, as bedrock. It is covered by material deposited by glaciers, known collectively as glacial drift. A series of glacial advances and retreats deposited the drift by a combination of ice and water action. Drift deposited by ice action alone is referred to as till. Drift deposited by water action is outwash. Till may also be reworked by water after deposition by ice to become outwash as well. Drift thickness varies, from over 300 feet thick in the southern part of the County to extremely thin near Savage. This glacially deposited material is very heterogeneous, ranging from boulders and gravel to clay. Highly porous and permeable drift deposits near the surface, such as sand and gravel, can become surficial aquifers when underlain by less permeable clay-rich drift deposits. Clay-rich deposits impede downward water movement, confining water to the porous drift material. Below the clay-rich deposits, material that is more permeable may once again occur. These deposits often contain groundwater under confined conditions. The glacial material is highly variable in its water bearing characteristics, even over short distances and small changes in depth. This variability in deposits resulted from several glacial advances and retreats over Scott County and the mixture of till and outwash deposits. Outwash deposits are the result of water running out from melting glacial ice, similar to the material deposited in street gutters during the spring thaw every year. Usually, outwash consists of porous sands and gravels containing today’s glacial drift aquifers. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 16 The County’s Geologic Atlas shows the results of a transect taken on a line from east of New Prague to just south of Murphy Lake. The mixture of layers shown and the accompanying description illustrate the complex mixture of material composing the glacial drift of Scott County. B. Bedrock Geology Beneath the glacial deposits lie a series of layered sedimentary rocks. The youngest layers are on top and the oldest at the bottom. Beneath the sedimentary rock is volcanic (igneous) rock. The County Geologic Atlas shows a stratigraphic section that describes the different layers of bedrock that are found beneath the glacial drift. Map 4 shows locations of these bedrock formations in Scott County. The general process that resulted in these bedrock layers is described below. About 1,100 million years ago, molten volcanic rock in our area solidified. These lava flows are known as the Chengwatana Volcanic Group. They are believed to be thousands of feet thick and underlie the other sedimentary bedrock formations in the County, except for an area west of Belle Plaine, trending south to north. There, the sedimentary deposits are worn away and a segment of the volcanic rock is exposed directly to the glacial drift. Over the next 100 million years or so, the Chengwatana Volcanic Group was subjected to faulting, uplifting and weathering forces which lead to erosion and subsequent deposition of thick layers of reddish colored muds and sands. The deposits are known as the Solor Church Formation and are the oldest sedimentary layer in the County. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 17 On this formation sits the bedrock of most groundwater interest. A very general description of the process that produced it follows. From 950 million years to 470 million years ago, the area encompassing Scott County was the bottom of a large inland sea. The portion of the sea that covered Scott County and southern Minnesota is known today as the Hollandale Embayment. Over millions of years this sea expanded and reduced in size. These changes had profound effects on the nature of the deposited sea bottom sediments. During periods when the sea was shallow, coarse-grained sediments were deposited. These sediments form today’s water bearing bedrock aquifers. In the same period, when the area of Scott County was farthest from shore, mudstones, siltstones, and other fine-grained sandstones were deposited. These deposits today form confining layers to the aquifers. At times, the inland sea became dry and the sediments deposited to that point were exposed to long periods of weathering. The sea advanced again and deposited new sediments on the weathered surface. With the historical chronology of sediment deposition in mind, there are additional geologic influences that affected this entire layered structure. The top (or youngest) eight layers, deposited after 520 million years, have been tilted by subsidence and faulting of the Chengwatana and Solor Church Formations. The bedrock layers run downslope from SW to NE with an overall drop of up to 300 ft. This slope is part of a larger geologic structure called the Twin Cities basin, which underlies the seven-county metropolitan area. Scott County lies on the southwest flank of this geologic structure. C. Major Aquifers There are four major aquifers in Scott County. They are, from newest to oldest, the Glacial Drift Aquifer, the Prairie Scott County Water Resources Plan – Amendment 1 du Chien-Jordan Aquifer, the October 2007 Land and Water Resource Inventory Section 1, Page 18 Franconia-Ironton-Galesville Aquifer, and the Mt. Simon-Hinckley-Fond du Lac Aquifer. Figure 1.4 describes the water quality of the three bedrock aquifers. FIGURE 1.4: Groundwater Chemistry in Scott County General description of water quality for the bedrock aquifers found in Scott County (Woodward 1986) Prairie du Chien – Jordan Aquifer The Prairie du Chien Group and the Jordan Sandstone are hydrologically connected, because there is no regional confining bed between them, and the common constituents in the water in both are quite similar. Local, small hydrogeochemical differences may exist, however, due to the presence of some relatively impermeable beds of limited extent. The proportion of calcium-magnesium bicarbonate and the amount of total dissolved solids are strongly influenced by the type and thickness of the overlying deposits. In the east, where the aquifer crops out or is overlain by thin Quaternary deposits, the percentage of ions that is calcium-magnesium bicarbonate is highest and the total dissolved solids content is the lowest. Here the downward and lateral movement of water is rapid and is in contact with the rocks rather briefly. Toward the west, the total dissolved solids content increases as a result of recharge through thick Quaternary deposits and younger bedrock aquifers. Here the predominant constituents calcium, magnesium, and bicarbonate are partially replaced by sodium, potassium, and sulfate. Franconia-Ironton-Galesville Aquifer The ground water in the Franconia-Ironton-Galesville Aquifer is similar to that in the overlying Prairie du Chien-Jordan aquifer. However, water percolating through the intervening St. Lawrence confining bed undergoes minor changes as contact with its dolomitic shale and siltstone leads to further replacement of calcium, magnesium, and bicarbonate ions by sodium, potassium, and sulfate ions. Like the Prairie du Chien-Jordan aquifer, this aquifer has lowest total dissolved solids content in the east where the dominance of calcium, magnesium, and bicarbonate ions is greatest. Data are lacking in the southern part of the aquifer and the pattern shown in this part of the map for distribution of common hydrochemical constituents is an approximation. Mt. Simon-Hinckley-Fond du Lac Aquifer The ground water in the Mt. Simon-Hinckley-Fond du Lac aquifer is of the calcium –magnesium bicarbonate type. An area where calcium, magnesium, and bicarbonate are a high percentage of the total ions and total dissolved solids content is low occurs north of the Twin Cities as a result of rapid migration of ground water through sandy Quaternary deposits and through unsaturated surface exposures of the aquifer. The lower percentage of calcium, magnesium, and bicarbonate north of this area may reflect the relative lack of calcareous material in the overlying glacial deposits of the Superior lobe. South and southwest of the Twin Cities, the percentage of calcium, magnesium, and bicarbonate ions decreases and the amount of total dissolved solids increases, because the aquifer dips beneath the younger bedrock aquifers, and the water has traveled through a thicker sequence of overlying materials. The high percentage of bicarbonate ions at the junction of Waseca, LeSueur and Rice Counties probably is caused either by rapid lateral movement of water within the aquifer itself or by relatively rapid downward circulation of water from the upper aquifers. Two anomalies occur along the Mississippi River, where calcium, magnesium, and bicarbonate ions decrease below 70 percent of common constituents, and sodium, potassium, sulfate, and chloride ions together make up the remaining 30 percent. The change in chemical composition may reflect movement of ground water through the overlying shaly Eau Claire confining bed or the presence of shaly material within the aquifer fabric. Data for the southern part of the aquifer are lacking and this part of the map is more general than the maps presented for the other Paleozoic aquifers in southern Minnesota. The Scott County Geologic Atlas shows glacial drift and bedrock transects as described in the previous section. These cross-sections illustrate how several bedrock aquifers, through contact with glacial drift aquifers, could be contaminated if infiltrating water from the surface traveled downward and made contact with the exposed end of a bedrock Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 19 aquifer. Glacial material is mostly pervious and thus most likely to allow pollutants to be carried downward to bedrock aquifers. D. Groundwater and Surface Water Connections 1. Flow Direction – Groundwater flow direction was determined from static water levels that were recorded when wells were installed. Groundwater flows downhill, or, down a gradient, just as surface water does. Therefore, groundwater flows from areas of high static water levels to areas of low static water levels. There are two types of static water levels. In the first type, the water table is the actual water surface (or static water level) in an unconfined aquifer. Lake levels and wetlands are sometimes expressions of the water table. The unconfined aquifers in Scott County are typically composed of shallow sand and gravel deposits. The bedrock aquifers in Scott County usually have impermeable rock above them, which confines the water in the aquifer. The elevation to which water rises in a well that taps a confined aquifer is called the potentiometric surface or the piezometric head and is the second type of static water level. Water rises in the well above the top of the confined aquifer due to the internal water pressure. Maps in the Scott County Geologic Atlas, as amended, show transmissivity, potentiometric surface, direction of groundwater flow in major aquifers, and a general description of water chemistry of County’s bedrock aquifers. Additional sources of geologic information for Scott County are the Minnesota Geological Survey (MGS), United States Geological Survey (USGS), Minnesota Pollution Control Agency (MPCA), and the County’s Community Development Division. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory 2. Section 1, Page 20 Geologic Sensitivity – Surface water and groundwater are part of a hydrologic single system. If not sited or maintained properly, surface water management structures, such as infiltration basins, holding ponds, reclaimed gravel pits, or wetland replacements, may adversely affect groundwater quality. Map 5 illustrates where bedrock formations are susceptible to contamination in Scott County. Stormwater runoff poses a threat to groundwater contamination. As stormwater runs through streets, parking lots, outdoor storage areas, and lawns, it collects an entire spectrum of organic and non-organic substances. Oils, heavy metals, lawn chemicals, and animal wastes are a few of the substances carried in stormwater runoff. Stormwater runoff in urban areas can contain bacteria, nitrates, chlorides, lead, chromium, and other contaminants. Stormwater that is discharged into holding ponds or infiltration basins can seep into surficial aquifers or bedrock aquifers where the bedrock is near the surface. Integrating groundwater protection with surface water management will help prevent groundwater contamination and reduce the potential cost of remedial action. E. General Topographic Relief The advance and retreat of glacial ice sheets, the remnants of terminal moraines, and subsequent dissection by streams and rivers has left much of the present day topography in Scott County rolling to strongly rolling. The rolling topography provides for generally good drainage throughout most of the County. However, due largely to the advance and retreat of glacial sheets, the geology of the area is extremely complex and contains areas of fine textured soils, clay lenses and high or perched water tables. Consequently, there are many small closed basins with Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 21 small ponds or wetlands throughout the County. These are especially prevalent in the lower elevation portions of the County such as Savage, and the northern part of Credit River Township. In the past, the principal land use in this part of the watershed was small subsistence farms. F. Bluff Features Centuries of erosive actions by the Minnesota River and its tributaries have left unique bluff features across areas of Scott County, most notably in the southwest corner of the County in Blakely Township. These bluff areas offer unique views of the County and contain the majority of the natural communities and rare species identified in the County Biological Survey (Map 16). These bluff features present many challenges for stormwater management and erosion control as the areas around them become developed. It is important that these areas are managed appropriately to preserve the unique features including the natural communities and rare species. IV. Soils A. General Soils Soil associations represent several soil series having similar characteristics on a countywide basis. In 1980, a revised soil association map for Scott County was published (USDA 1980) delineating 10 soil associations (Map 6). Several changes have been made from the 1959 soil association map due to more recent investigations and interpretations. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 22 FIGURE 1.5: Soil Associations in Scott County (from the USDA SCS, 1980) General characteristics of the ten soil associations are shown in Figure 1.5. A soil series is a more detailed soil classification than a soil association. Individual soil series for Scott County were published in 1959 (USDA 1959) as part of the Scott County Soil Survey. Scott County, like any other county in the State, has its share of erosion prone areas. The Scott SWCD and the Natural Resources Conservation Services (NRCS) have spent considerable efforts to characterize erosion prone areas. For the most part, defining erosion prone area begins with a soils map. Steep slopes are susceptible to erosion and some soil types are more erodible than others are. Map 7 shows erosion prone areas within Scott County. B. CORDOVA (WEBSTER)LESTER-CLARION: Fertility, organic matter content, and available water capacity are high. The main concern of management is improvement of drainage and erosion control. COPASTON (COPAS)FAXON: Shallow soil limits rooting depth. Fertility is low and organic matter content is high. Available water capacity is low for Copaston and the water table is high in Faxon. LESTER-CORDOVA (WEBSTER)-HAYDEN: Fertility and organic matter content are moderate to high. The available water capacity is high. The main concerns of crop management are control of erosion and drainage of wet areas ALLUVIAL LANDDORCHESTER: Wetness and flooding cause this association to be high risk for cultivated crops. Main concerns of management are wetness, flooding, and sedimentation. HAYDEN-LESTER-CARON: Fertility and organic matter content are high to low. The available water capacity is high. The main concerns of management are control of erosion on slopes and drainage of low areas. HEYDER (HAYDEN)KINGSLEY-MAHTOMEDI (SCANDIA): Organic matter content is low on all upland soils. The main concerns of management are control of erosion and adaptation to droughtiness. HAYDEN-LESTER-TERRIL: Organic matter content and fertility are low. Available water capacity is high. Main concerns of management are control of sheet and gully erosion ESTHERVILLE-BURNSVILLELESTER: Organic matter content is medium to low. Groundwater pollution is a severe hazard on the Estherville and Burnsville soils where onsite sewage systems are used. HUBBARD-DAKOTAESTHERVILLE: Fertility, organic matter content, and available water capacity are medium to low. Main concerns of management are droughtiness, control of wind erosion, and improving fertility. ERIN-KILKENNY-CARON: Fertility and organic matter content are medium to high. The available water capacity is high. The main concerns of crop management are control of erosion, drainage of wet areas, and maintenance of surface tilth. Prime Farmland Prime farmland is defined as land that has the best combination of physical and chemical characteristics for producing crops. The soil has acceptable acidity or alkalinity, acceptable salt and sodium content and few or no rocks. Scott County Water Resources Plan – Amendment 1 The farmlands are not October 2007 Land and Water Resource Inventory Section 1, Page 23 excessively erodible or saturated with water for long periods. Examples of soils that qualify are Clarion loam, Webster clay loam, and Tama silty clay loam. In Scott County, there is a total of 110,000 acres of prime farmland, which represents 46 percent of the County’s acreage. C. Hydric Soils The location and extent of hydric soils in Scott County is shown on Map 8. Hydric soils are soils that formed under conditions of saturation, flooding, or ponding long enough to develop anaerobic conditions in the upper part of the soil profile. They are used as one component (out of three) in identifying wetland areas. Hydric soils have specific indicators that are used for identification in the field, although many soil series are designated as hydric. The County has used hydric soil classifications in its development regulations related to density. V. Surface Water Resource Data A. Public Waters Public waters are defined in Minnesota Statues, Chapter 103G.005 to include: 1) water basins assigned a shoreland management classification by the Commissioner of Natural Resources under MN Statutes, Chapter 103F.201 to 103F.221, except wetlands less than 80 acres in size that are classified as natural environment lakes; 2) waters of the state that have been finally determined to be public waters or navigable waters by a court of competent jurisdiction; 3) meandered lakes, excluding lakes that have been legally drained; Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory 4) Section 1, Page 24 waterbasins previously designated by the Commissioner of Natural Resources for management for a specific purpose such as a trout lakes and game lakes pursuant to applicable laws; 5) waterbasins located within and totally surrounded by publicly owned lands; 6) waterbasins where the State of Minnesota or the federal government holds title to any of the beds or shores, unless the owner declares that the water is not necessary for the purposes of public ownership; 7) waterbasins where there is a publicly owned or controlled access that is intended to provide public access to the water basin; 8) natural and altered watercourses with a total drainage area greater than two square miles; 9) natural and altered water courses designated by the Commissioner of Natural Resources as trout streams; and 10) public waters wetlands, unless the statute expressly states otherwise. A public water designation does not: 1) grant the public additional or greater right of access to the waters; 2) diminish the right of ownership or usage of the beds underlying the designated public waters; 3) affect state law forbidding trespass on private lands; and 4) require the commissioner to acquire access to the designated public waters under MN Statutes, Section 97A.141. Not withholding specific exceptions related to wetlands (MN Statutes, Sections 103G.221-103G.235), public waters may not be drained, and a permit authorizing drainage of public waters may not be issued, unless the public waters to be drained are replaced by public waters that will have an equal or greater public value. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 25 Penalties may be imposed if: 1) the course, current, or cross-section of public waters of the state are altered or appropriated without previously obtaining a permit from the Commissioner of Natural Resources; 2) if the course, current, or cross-section of public waters of the state are altered or appropriated in violation or in excess of a permit issued by the Commissioner of Natural Resources; 3) if the course, current, or cross-section of public waters of the state are altered or appropriated after a permit to undertake such activities are denied by the Commissioner of Natural Resources; or 4) if any other provision of MN Statutes, Chapter 103G are violated. Maps of public waters in Minnesota counties are filed with the auditors of the respective counties. B. Public Ditch Systems, Dams, and Control Structures Public ditch systems include ditch systems, tile systems, judicial ditches, county ditches, and joint county ditches provided for under MN Statutes, Chapter 103E. This chapter does not include authorities for ditches created for roadway drainage, private ditches, or ditches created as part of a municipal stormwater conveyance system. Map 9 shows public ditches in the County. The MnDNR Division of Waters maintains a dam inventory list for all of Minnesota. Table 1.2 lists the dams in Scott County listed in this inventory. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 26 TABLE 1.2: Scott County Dam Inventory (taken from MnDNR-Waters "MN Inventory of Dams", 10/06/97) Dam Name Cedar Lake Dvorak Wildlife Pond Henry Pond Hilgenberg Pond Jeffers Fish Pond Jeffers Wildlife Pond Maxa Pond Pettit Wildlife Pond Ruehlings Pond Sand Creek C. National ID MN00399 MN00276 MN00639 MN00636 MN00285 MN00284 MN00840 MN00280 MN00283 MN00535 Nearest Town TR-Sand Creek Helena TR-Sand Creek, Offstream Jordan TR-Vermillion Farmington TR-Minnesota Lake LakeviIlle TR-Pikes (sic) Lake Prior Lake TR-Pikes (sic) Lake Prior Lake TR-Vermillion Farmington TR-Vermillion, Offstream Farmington TR-Minnesota River Belle Plaine Sand Creek Jordan River or Stream Owner Name State of MN Anton Dvorak Wallace Henry Wally Hilgenberg Robert Jeffers Robert Jeffers Steve Maxa Duane Petit Earl Ruehling City of Jordan Downstream Last Hazard Inspected Low Low Low Significant 6/28/95 Low Low Low Low Low Significant 6/28/95 Wetlands Wetland rules and regulations are contained in Minnesota Statutes, Chapter 103G.2212373 (Wetland Conservation Act) and in Minnesota Rules, Chapter 8420. Additional wetland regulations apply as they relate to federal programs and authorities including those administered by the COE, United States Fish and Wildlife Service (USFWS), and USDA. These regulations outline permitted activities, limitations, exemptions, and replacement requirements for activities impacting wetlands. Local governmental units (LGUs) are responsible for making exemptions and no-loss determinations and approving replacement plans. MN Rules Chapter 8420.0200, para. B, provides that within the seven-county metropolitan area, cities, townships, or watershed management organizations can be delegated the enforcement responsibilities of the Wetland Conservation Act (WCA). Within the unincorporated area of Scott County, the townships, with the exception of Sand Creek, are the delegated authorities for local activities related to the WCA. Sand Creek Township has transferred authority to the Scott WMO. Wetlands located by the SWCD within Scott County are shown in Map 10, with the exception of the Minnesota River valley. Future mapping projects within the County will provide more accurate locations of these wetlands. Wetlands are regulated and protected under Minnesota Statute and Rule. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 27 The USFWS has defined eight types of wetlands. All eight types are known to occur in Scott County. The following are descriptions for the eight types: Type 1. Seasonally Flooded Basins or Flats The soil is covered with water, or is waterlogged, during variable seasonal periods, but usually is well drained during much of the growing season. This type is found both in upland depressions and in overflow bottomlands. In the uplands, basins or flats may be filled with water during periods of heavy rain or melting snow. Vegetation includes smartweeds, wild millet, fall panicum, tealgrass, ragweed, and cockleburs. Type 2. Inland Fresh Meadows The soil usually is without standing water during most of the growing season, but is waterlogged within at least a few inches of its surface. Meadows may fill shallow lake basins, sloughs, or farmland sags, or these meadows may border shallow marshes on the landward side. Vegetation includes grasses, sedges, rushes, and various broad-leaved plants such as carex, prairie cordgrass, and mints. Wild hay oftentimes is cut from such areas. Type 3. Inland Shallow Fresh Marshes The soil is usually waterlogged during the growing season; often covered with as much as six inches or more of water. These marshes may nearly fill shallow lake basins or sloughs, or they may border deep marshes on the landward side. They may contain water up to midsummer, at which time they may dry up completely or remain waterlogged for the rest of the season. Vegetation includes grasses, bulrushes, spikerushes, and various other marsh plants such as cattails, arrowheads, pickerelweed, and smartweeds. In some cases, cattails or bulrushes completely vegetate a marsh area. Other times, a narrow fringe of cattails runs around a small open water area. In “dry” years these areas are sometimes cropped. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 28 Type 4. Inland Deep Fresh Marsh The soil is covered with six inches to three feet or more of water during the growing season. These deep marshes may almost completely fill shallow lake basins, potholes, limestone sinks, and sloughs, or they may border open water in such depressions. Vegetation includes cattails, reeds, bulrushes, spikerushes, and wild rice. In open areas, pondweeds, naiads, coontail, water milfoil, duckweed, water lilies, or spatterdock may occur. Scattered clumps of cattails and bulrushes are common throughout a deep fresh marsh. Type 5. Inland Open Fresh Marsh Shallow ponds and reservoirs are included in this type. Water is usually less than ten feet deep and is fringed by a border of emergent vegetation. Vegetation includes pondweeds, naiads, wild celery, coontail, water milfoil, muskgrass, water lilies, and spatterdock. Type 6. Shrub Swamps The soil usually is waterlogged during the growing season, and is often covered with as much as six inches of water. Shrub swamps occur mostly along sluggish streams and occasionally on flood plains. Vegetation includes alders, willows, buttonbush, dogwoods, and swamp-privet. Type 7. Forested Swamps The soil is waterlogged to within a few inches of the surface during the growing season, and can be covered with as much as a foot of water. Typical trees include tamarack, white cedar, black spruce, balsam, red maple, and black ash. Type 8. Bogs The soil is waterlogged and supports a spongy covering of mosses. This type occurs mostly in shallow basins, on flat uplands, and along sluggish streams. Vegetation is woody or herbaceous or both. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 29 In 2003, the SWCD completed an inventory of drained and altered wetlands in Scott County. The data is available through the SWCD office and on the Scott County web site. D. Flooding FEMA provides flood insurance to citizens living in communities that participate in the National Flood Insurance Program (NFIP). Communities enrolled in the NFIP must adhere to certain standards and guidelines aimed at mitigating damages from flood events. Once the community adopts these standards, citizens of that community may then purchase flood insurance from the federal government via the NFIP. FEMA contracts to have Flood Insurance Rate Maps (FIRM) created for these communities, outlining which portions of the community are at high risk for flood damage. Map 11 outlines these high-risk portions of the County. All unincorporated areas within Scott County, as well as most cities, are currently enrolled in the NFIP. Figure 1.6 lists these communities, as well as the date of their most current FIRM. Major flood events in Scott County have occurred along the Minnesota River FIGURE 1.6: Communities in the NFIP Community Name City of Belle Plaine City of Jordan City of New Prague City of Prior Lake City of Savage City of Shakopee Scott County Effective Map Date Dec. 18, 1986 Jan. 6, 1982 July 21, 1999 Nov. 19, 1997 June 18, 1980 Sept. 29, 1978 Feb. 19, 1987 Elko and New Market are not in the NFIP. For the most up-to-date list, please see: http://www.fema.gov/fhm/tsdindex.shtm several times in the past 60 years. Most of these events occur in early spring, due to snowmelt and rainfall upon frozen or saturated soils. Figure 1.7 illustrates the discharge history of the Minnesota River at Jordan since 1935. Current streamflow data is available from USGS at: http://waterdata.usgs.gov/mn/nwis/current/?type=flow Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 30 FIGURE 1.7: Minnesota River Discharge at Jordan, MN (data from USGS Gaging Station #05330000) 120000 117,000 cfs (4/12/65) 100000 90,900 cfs (6/25/93) 81,900 cfs (4/12/97) 84,500 cfs (4/14/69) Discharge (cfs) 80000 72,200 cfs (4/19/01) 62,900 cfs (4/11/51) 60000 59,100 cfs (4/16/52) 40000 20000 0 Oct-01 Oct-97 Oct-93 Oct-89 Oct-85 Oct-81 Oct-77 Oct-73 Oct-69 Oct-65 Oct-61 Oct-57 Oct-53 Oct-49 Oct-45 Oct-41 Oct-37 Oct-33 VI. Land Use and Public Utility Services A. Existing Land Uses Before pioneer settlement, the majority of land in Scott County was forested. A pre-settlement vegetation map (Map 3), has been compiled by the MnDNR based on survey descriptions from approximately 1855. While Scott County is now predominately agricultural, the northern cities along the Minnesota River are experiencing rapid urban development. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Today, there are many competing land uses in the County. Section 1, Page 31 As the Twin Cities Metropolitan Area continues to grow, more development pressure will be placed on the resources within Scott County, necessitating increased awareness of development effects. Map 12 illustrates current land use in Scott County and Map 13 shows current Scott County Zoning. B. Land Cover The Minnesota Land Cover Classification System (MLCCS) is a relatively new tool that fills an important information niche of great utility to natural resource managers and planners. Developed by the Minnesota Department of Natural Resources in conjunction with other state, federal, and local agencies, the system is unique in that it categorizes urban and built up areas in terms of land cover, rather than land use. Land cover data provides useful information about the vegetation and amount of impervious surface for a given parcel of land. This information can be used in various analyses such as calculating total impervious surface in a sub-watershed for rate and volume control or identifying ecologically sensitive corridors for protection and restoration. MLCCS data has been collected throughout Scott County. The information is currently being analyzed for accuracy so that the data can be used by County staff as well as the general public. Scott County will provide this information as part of its web based Geographic Information System (GIS) tool that is available to the general public via the County’s web site. This will allow users to access multiple layers of information such as MLCCS, wetlands, hydric soils, etc. C. Anticipated Land use Scott County 2020 Comprehensive Plan Update was adopted and approved by Scott County in May 2001. The Comprehensive Plan addresses issues on future land use in the 11 townships, population projections, and plans for roads, parks and open space, and Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 32 other public services (Map 14). The County’s Planning Department is in the initial stages of the 2030 Comprehensive Plan Update which is scheduled for adoption in 2007. Any updates to the Comprehensive Plan that may affect water resource management will be incorporated into future updates of this Local Water Plan. VII. Water-based Recreation Areas and Land Ownership A. Existing and Proposed Local, Regional, State, and Federal Parks, Preserves, Wildlife Areas, and Recreational Areas Scott County offers numerous opportunities for outdoor recreation. Parks, recreation areas, and wildlife refuges abound throughout the County. Many of the lakes within the unincorporated areas of the County are accessible to boats (see Table 1.3), increasing the already abundant recreation choices for residents of this area. TABLE 1.3: Public Boat Accesses and Fishing Piers (from MnDNR’s “Twin Cities Water Recreation Map”) Water Body Cedar Cedar Cedar Cleary Parking Spaces 10 30 35 198 Park Permit no no no permit 24 hours 24 hours Carry in Fishing Amenity shore shore pier pier Concrete shore 12 no 24 hours Concrete Asphalt Concrete shore shore shore shore shore pier shore shore 6 9 10 20 12 15 4 26 no no no no no no no No 24 hours 24 hours 24 hours shore 15 No pier 15 no Concrete Concrete ♦ Fish McMahon MN River MN River MN River O’Dowd O’Dowd Pleasant Spring Access ♦ Concrete Earth Concrete ♦ Spring Thole/Schneider ♦ Concrete Hours 24 hours 24 hours 24 hours 24 hours Operating Agency MnDNR MnDNR MnDNR Three Rivers Park District MnDNR Phone Number 651-772-7935 651-772-7935 651-772-7935 763-559-9000 651-772-7935 MnDNR Shakopee MnDNR Shakopee MnDNR Shakopee MnDNR MnDNR 651-772-7935 952-445-2742 651-492-6400 952-445-3650 651-772-7935 952-445-2742 651-772-7935 651-772-7935 MnDNR 651-772-7935 MnDNR 651-772-7935 ( Surface water management for these water bodies currently provided by the respective Watershed District) There are two Regional parks within the unincorporated areas of Scott County: MurphyHanrehan Park Reserve and Cleary Lake Regional Park, which are managed by the Three Rivers Park District. Murphy-Hanrehan Park Reserve is a 2,536-acre facility located in the northeast part of the County. The Credit River flows through the western portion of the park reserve. There are three lakes within the park, the largest being Hanrehan Lake. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 33 Cleary Lake Regional Park is a 1,048-acre natural area also located in the northeast part of the County. The central feature of the park is the 137-acre Cleary Lake. The County is also in the process of acquiring property for the Doyle-Kennefick Regional Park. The park is not currently open to the public. In addition to the Regional Parks, numerous other areas in the County provide recreation opportunities (Map 16). Figure 1.8 lists these areas in the County. FIGURE 1.8: Recreational/Wildlife/Scientific Areas FEDERAL-USFWS: MN Valley National Wildlife Refuge STATE - MnDNR: St. Lawrence State Wayside Blakeley State Wayside Clarks Lake Wildlife Management Area (WMA) Habitat Module WMA Mahoney WMA Raven WMA PF Module #3 WMA Michel WMA Karnitz WMA STATE–MnDNR (con’t): Marsh WMA Bradshaw Lake WMA St. Patrick WMA Spartina WMA REGIONAL–THREE RIVERS PARK DISTRICT: Murphy-Hanrehan Regional Park Cleary Lake Regional Park TOWNSHIP PARKS The MnDNR – Metro Wildlife Corridors has identified significant portions of Scott County as having potential to become part of a regional Greenways system. The primary purposes of the regional Greenways system are to conserve native landscapes, ecosystems, and their species and to link parks, open spaces, wildlife corridors and recreational trails. By doing this, the ecological resources, the outdoor recreation amenities, and the open-space character of the Twin Cities Metropolitan Region are preserved and enhanced (Map 17). B. Fish and Wildlife Habitat Twenty major lakes and numerous water basins are located within Scott County. In general, most lakes in the County are considered eutrophic. The MnDNR, the MPCA, and the Metropolitan Council have monitored several water bodies for fisheries success Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 34 and water quality information. Table 1.4 lists priority water bodies and summarizes available monitoring information. Please refer to Appendix E, Lake Water Quality Report, of the Scott WMO Comprehensive Water Resource Plan (2004) for detailed results of the monitoring activities. (♦Surface water management for these water bodies currently provided by the respective Watershed District) TABLE 1.4: Water Body Information Water Body Information Available Cedar Lake • • Fisheries Report Water Quality Cleary Lake • • Fisheries Report Water Quality Credit River • • Streamflow Water Quality Cynthia Lake • • Water Quality Fisheries Report East Branch Raven Stream • Streamflow Fish Lake♦ • Gifford Lake♦ Monitoring Agencies • • • • • • • • MnDNR MPCA Metropolitan Council MnDNR MPCA Metropolitan Council USGS Metropolitan Council • • • • MnDNR MPCA Metropolitan Council USGS Water Quality • • • • • Fisheries Report • MnDNR MPCA Metropolitan Council Prior Lake-Spring Lake WD MnDNR Markley Lake • Water Quality • • Metropolitan Council MPCA McMahon Lake • • Water Quality Fisheries Report Minnesota River • • Streamflow Water Quality • • • • • • MnDNR MPCA Metropolitan Council USGS Metropolitan Council US Army Corps of Engineers Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Water Body Section 1, Page 35 Information Available Monitoring Agencies Murphy Lake • • Fisheries Report Water Quality • • MnDNR MPCA O’Dowd Lake • • Fisheries Report Water Quality Pleasant Lake • • Water Quality Fisheries Report Raven Stream (trib.) • Streamflow • • • • • • • MnDNR MPCA Metropolitan Council MnDNR MPCA Metropolitan Council USGS Sand Creek • • Streamflow (trib.) Water Quality • • USGS Metropolitan Council Thole / Schneider Lake • • Water Quality Fisheries Report Unnamed Lake(MnDNR #70-11) [Credit River Twp., Sec. 10] • Water Quality • • • • • MnDNR MPCA Metropolitan Council MnDNR MPCA Vermillion River • • • Geomorphology Water Quality Flow • • Scott County VRWJPO VIII. Unique Features A. Cultural Sites St. Lawrence Project Specifically, the project addressed transportation, settlement, ghost towns, and social and economic conditions as they unfolded in the St. Lawrence town site. Central to the project is the restoration of the Strait House in St. Lawrence as an interpretive center of the dramatic history that occurred in the lower Minnesota River Valley. The MnDNR and Scott County Historical Society collaborate with these special plans for the Lawrence Wayside of the Minnesota Valley State Recreation Area. The Minnesota River Valley Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 36 Historic Restoration Project has been funded by a federal grant under the Intermodal Surface Transportation Enhancement Act. State and local funding has been raised to secure the grant. This project, which brings together the cooperative efforts of the Minnesota Department of Natural Resources, Minnesota Department of Transportation, and the Scott County Historical Society, is located in St. Lawrence Township, between Belle Plaine and Jordan, north of U.S. Highway 169 and a mile west of the County Fair Grounds on County Road 57. B. Critical Habitats and Scenic Areas Hill’s Thistle, Cirsium Hillii, Prairie Site in Belle Plaine A dry prairie remnant of the original expansive prairies that once covered the areas in and around the city of Belle Plaine. This site has been identified as containing the Hills Thistle, an endangered plant species. Murphy-Hanrehan Park The Murphy-Hanrehan Park Reserve and adjacent Cam Ram City Park are significant for their natural characteristics. The park is home to several endangered species of animals and plants. The most significant area of native vegetation in the park is large oak forest on the rolling terrain that extends southeastward from Hanrehan Lake to the eastern boundary of the park just north of Orchard Lake. The Minnesota County Biological Survey has recently inventoried the natural communities in the park. Louisville Swamp This 2,600-acre unit has a unique mix of old fields, prairie remnants, oak savanna, floodplain forest, and stone farmsteads. Historically, elk and buffalo grazed the oak savannas, waterfowl filled the surrounding marshes, and the lakes teemed with fish. Today, the most visible species is the beaver. Beavers have changed the landscape of this area by damming and holding water, consequently hundreds of acres of trees have been Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 37 killed. Thirteen miles of trails cross through Louisville Swamp, favored by hikers in the warmer months and cross-country skiers in the winter. There are four established trails: Mazomani Trail, Mazomani Trail/Little Prairie Loop, Johnson Slough, and the State Corridor Trail. IX. Pollutant Sources and Related Water Quality Information Portions of this section were taken from the “Scott County, Minnesota Groundwater Protection Plan”, adopted March 23, 1999 by the Scott County Board of Commissioners. Please see the Groundwater Plan for additional information. A. Monitoring Many different agencies perform a multitude of different monitoring activities in Scott County. In addition to the monitoring activities listed in Table 1.4, several other agencies are involved in tracking different sources of pollution. The Scott SWCD in Jordan monitors feedlot activity, the State Climatologist’s office maintains a network of volunteer precipitation observers, and the U.S. Environmental Protection Agency (EPA) monitors a variety of different pollutant quantities and sources. B. Feedlots The MPCA defines a feedlot as “a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered animal feedlots. Pastures shall not be considered feedlots.” Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 38 As of January 2001, 271 feedlots over 10 animal units were inventoried by Scott SWCD. See Map 18 for their general locations. There are 160 feedlots with 50 or more animal units (10 or more units on shoreland) registered with MPCA. The County’s most recent feedlot inventory (10 animals units or more) shows a total of 287 feedlots, however this total is changing due to rapid development in many areas of the County. C. Unused, Unsealed Wells Unused, unsealed wells are a major concern due to the ease with which contaminants can enter the groundwater system. Unused, unsealed wells can act as direct channels for surface pollutants to enter groundwater; bypassing the natural filtration and degradation processes provided by soil and rock. Old well pits or dug wells have been used for the disposal of chemicals and other hazardous substances. The top of smaller diameter unused wells may be covered over, allowing contaminants to enter the groundwater unnoticed. Unused, unsealed wells also constitute a physical danger. Mortgage lenders and the State of Minnesota require disclosure of active, unused, and/or unsealed wells as part of the disclosure statement for property transfers. At the time of property transfer, an unsealed well must be properly sealed, brought back into use, or an annual unused well permit must be obtained from the MDH. Contamination can occur in an active well by improper construction or by back siphoning of a contaminant. An improperly abandoned well can lead to issues due to improper sealing around the outside of the casing, which leads to direct introduction of contamination into the well, or by contamination leaking through rusted or corroded casing and/or joints. The proper maintenance and operation of wells and appropriate housekeeping in the areas surrounding the wells are generally not considered by well owners/ operators. Proper Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 39 management of the well and surrounding area can prevent pollution from the surface even if a well is not properly constructed. The MDH requires notification or permitting of well construction and sealing and regulates well drilling contractors. The program requires water well records and the Minnesota Department of Health may inspect wells for proper construction, including proper grouting, to ensure that wells are constructed according to the MDH Water Well Code (MN Rules, Chapter 4725). The State of Minnesota regulations no longer allow the construction of wells with an open annular space or a well screened through multiple aquifers. D. Registered Storage Tanks The MPCA Hazardous Waste Division-Tanks and Spills Section database is the most current and accurate inventory of Underground Storage Tanks (USTs) in Minnesota. The database is an inventory of tanks required to be reported by State rules and that tank owners have voluntarily reported. MPCA reports that there are 45,000 USTs registered in the state, but estimates that reported USTs represent only 75 percent of those installed in the state. USTs that contain heating oil and are less than 1,100 gallons or USTs that contain any other petroleum product or any other regulated substance and are less than 110 gallons are not required to be registered. The number of small unreported tanks is unknown. As of January 2001, the MPCA inventory reported that Scott County had approximately 911 active USTs and 600 inactive USTs. The registered USTs are distributed between 365 sites and are included in the database of the County’s Geographic Information System (GIS). Approximately 43.7 percent of all registered USTs are owned and operated by service stations or bulk storage facilities. Approximately 31.1 percent of all registered USTs contain gasoline, 29.4 percent contain diesel oil, 11 percent contain fuel oil, and 29 percent contain other or unknown substances. Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory E. Section 1, Page 40 Permitted Wastewater Discharges The MPCA permits wastewater discharges. NPDES wastewater permit information can be obtained from the MPCA. F. Individual Sewage Treatment Systems In 1981, Scott County adopted the MPCA rules pertaining to individual sewage treatment system (ISTS) construction. However, MPCA rules have essentially been enforced in the County since 1978. Scott County also requires that compliance inspections be performed whenever a building permit is applied for to expand an existing structure or add an accessory building. As a result of these requirements, non-complying on-site systems are being brought up to code. ISTSs that are constructed too close to saturated soil conditions may threaten ground water. Low infiltration rate soils are common within many areas of the County, holding seasonal precipitation within the top ten feet of the soil profile. ISTSs that are constructed too close to perched water tables within these saturated soils also have the potential to fail. There are also areas with highly permeable soils in close proximity to limestone aquifers. Older type ISTSs, where deep cesspools had been used, are suspected of causing nitrate and other contamination in these aquifers. The County’s ISTS ordinance specifies that ISTSs which pose a potential threat to groundwater be replaced within specified time periods. In May 2001, Scott County amended its land use philosophy to encourage Community Sewage Treatment Systems (CSTS) that are managed by a public entity. Public management of CSTS is a positive step to ensure ongoing management of onsite treatment. G. Cropland Erosion: Highly Erodible Lands Scott County Water Resources Plan – Amendment 1 October 2007 Land and Water Resource Inventory Section 1, Page 41 Several agricultural areas within Scott County are considered to be highly erodible, according to the Scott County Soil Survey (USDA 1959), See Map 19 for location of these areas. Scott County Water Resources Plan – Amendment 1 October 2007 Impacts on Other Units of Government Section 2, Page 43 Section 2 Coordination With Other Units of Government I. Scott County Scott County, through its Natural Resources Department, Community Development Division, Planning Commission, and County Board plans for the management, policies and implementation for the protection of water and related land resources in the unincorporated areas of Scott County including support for orderly annexation agreements. The Scott County Board of Commissioners is the governing body for Scott County. II. Townships A partnership arrangement has been in existence since 1969 between the 11 townships and Scott County. The County has adopted a Comprehensive Plan and is the land use/zoning authority. The townships are the road and stormwater authorities within their respective boundaries. Four townships (Jackson, Credit River, Spring Lake, and Louisville) are also designated by the MPCA as MS4 communities. The townships and the county collaborate on planning and operational issues include erosion control programs. III. Scott County Role In compliance with state law, the role of Scott County will be to set the standards for water resource management that will be used to develop and implement their ordinances and plans. The Scott County Water Resources Plan will provide management for the township areas within the County. The County will coordinate implementation and permitting necessary to implement this Plan. Scott County will also be responsible for ordinance revisions, amendments, and updates pertaining to the Scott County Water Resources Plan. Scott County Water Resources Plan – Amendment 1 October 2007 Impacts on Other Units of Government Section 2, Page 44 Scott County has entered into a Joint Powers Agreement with Dakota County to operate the Vermillion River Watershed Joint Powers Organization. As a part of this agreement staff from the County help administer the organization, and one of the Scott County Commissioners serves on the Joint Powers Board along with two Commissioners from Dakota County. A. Planning Scott County is committed to the preservation, improvement, management, and development of water resources and related land resources. The County will promote the goals and policies set forth in this Plan to preserve and enhance water quality, control volumes and rates of runoff, and minimize, to the extent possible, the long-term cost of managing water and related land resources. The County encourages joint and collaborative planning for the Urban Expansion Area around incorporated cities including support for orderly annexation agreements. The County supports a seamless transfer of authority related to water resource planning and management as annexation occurs. B. Impact of Implementation Programs Scott County will develop a capital improvements program (CIP) to fund projects within the County. The County will regulate (to the extent water resources are impacted) the use and development of land through a review and permitting process managed by the Planning Department. The Water Resources Plan shall be used as the minimum standard for water planning within Scott County’s rural areas. The County will provide implementation and enforcement in the township areas that are under the land use authority of the County. This will be accomplished through the adoption of amendments to the County Zoning Ordinance, and adoption of other programs that support the goals and objectives within this Water Resources Plan. These jurisdictions include: the Scott WMO, Prior Lake-Spring Lake Watershed District (PLSLWD), Lower Minnesota River Watershed District (LMRWD), and the Vermillion Scott County Water Resources Plan – Amendment 1 October 2007 Impacts on Other Units of Government Section 2, Page 45 River Watershed Joint Powers Organization (VRWJPO). It is the intention of Scott County to work closely with the watershed jurisdictions in the County to avoid conflicts and provide water management that is consistent and streamlined across jurisdictional boundaries. This Water Resources Plan has been reviewed and approved by the PLSLWD and the Scott WMO, and reviewed by the LMRWD as of the date of this amendment (October 2007). The County has also updated its ordinances and official controls necessary to implement the plan , and began implementation in 2006. Review of ordinances and permitting and inspection procedures used by the County had been completed by the PLSLWD who found them to be equivalent with PLSLWD procedures. A brief review of ordinances was also completed by BARR Engineering on behalf of the VRWJPO. A copy of their findings is included in Appendix C. As discussed in Appendix C the County will address the findings of the BARR review and update ordinances within 120 days of approval of this plan by the VRWJPO. Changes necessary to address the gaps may be completed as a county-wide ordinance or as an overlay district where Standards are different from those of other watersheds. The County anticipates using alternative approaches to satify some fo the ordinance gaps identified. Specific proposals and the rationale for equivalency are presented in Appendix C. C. Review Scott County will review development plans, erosion and sediment control plans, and resource management plans to assess the effect to the water and associated land resources in each watershed and ensure conformance with the Water Resources Plan. The Scott County Development Review Team (DRT) will meet as needed to review proposed development projects and is composed of members of the following groups: Natural Resources Engineer, Environmental Health, Highway, Planning & Zoning, Building, Township official, and occasionally a Township consultant. Scott County Water Resources Plan – Amendment 1 October 2007 Impacts on Other Units of Government IV. Section 2, Page 46 Scott County Administrative Tasks Scott County’s overview responsibility includes the following tasks (pursuant to MN Statutes 103B.211, 103B.231, 103B.235, and 103B.3369). • The County shall prepare, adopt, implement, and amend a plan consistent with the requirements set forth in MN Statutes 103B.235 and MN Rules Chapter 8410. The Plan period shall be five (5) years, commencing with the County’s water plan adoption. Plan revision will begin at four (4) years after the date of adoption. . • Scott County shall review and approve ordinances with respect to the following general guiding principles: 1. Protection of drinking water. 2. Control and limit erosion and sedimentation. 3. Promotion of natural infiltration of precipitation and stormwater. 4. Control rates and volumes of runoff to specified standards. 5. Protection and enhancement of recreational water uses and facilities. 6. Protection of fish and wildlife habitat. 7. Management of capital expenditures to be as effective and efficient as possible for management of water and related land resources. 8. Secure other benefits associated with proper surface and groundwater management. V. Intergovernmental and Institutional Relationships of Scott County Scott County’s plan applies to the unincorporated areas of Scott County which is comprised of four watershed jurisdictions. Watershed jurisdictions include the Scott WMO, the two watershed districts (Lower Minnesota River and Prior Lake-Spring Lake), and a portion of the Vermillion River Watershed. Scott County Water Resources Plan – Amendment 1 October 2007 Impacts on Other Units of Government A. Section 2, Page 47 Scott WMO Scott County will work with the Scott WMO to provide the necessary water management and enforcement to areas that are under the County’s jurisdictions. B. Watershed Districts Scott County will coordinate with the PLSLWD and LMRWD on CIPs and permit programs to avoid duplication and promote joint cooperation and communication across the County. Table 2.1 compares the various watershed jurisdictions in Scott County. Table 2.1: Comparison of Scott County Watershed Jurisdictions Scott Water Management Organization Area (sq. miles) in Scott County Plan date 287.1 287.1 February 2004 Lower Minnesota River Watershed District 64 27.8 September 1999 Established October 1996 March 1960 March 1970 Management Scott County Board of Commissioners as the Scott WMO Southwest, Sand Creek, Shakopee Basin, Credit River, Prior Lake-Spring Lake not in WD 5 managers appointed by County Boards Areas directly tributary to the Minnesota River 5 managers appointed by County Board Prior Lake and Spring Lake watersheds Watersheds served C. Prior LakeSpring Lake Watershed District Vermillion River Watershed Joint Powers Organization 42 42 February 1999 335 18.1 November 2005 Joint Powers Organization 8/02 Joint Powers Board (Scott & Dakota Counties) Vermillion River watershed Vermillion River Watershed The Vermillion River Watershed covers a large portion of Dakota County and an area in southeastern Scott County within New Market Township, which includes portions of the Cities of Elko and New Market. In August 2002, Scott County and Dakota County agreed on the joint administration and implementation of the former Vermillion River WMO Watershed Management Plan. A Joint Powers Agreement is in place and a Joint Scott County Water Resources Plan – Amendment 1 October 2007 Impacts on Other Units of Government Section 2, Page 48 Powers Board, comprised of one Scott County Commissioner and two Dakota County Commissioners provides for joint management of this watershed. A Watershed Planning Commission was appointed for the Vermillion River Joint Powers Organization at the end of 2002, which consists of nine members; eight from Dakota County and one from Scott County. The VRWJPO Watershed Plan was approved November, 2005. D. Townships Scott County will update it’s ordinances upon the adoption of this Water Resources Plan and Rules and enforce ordinance standards on proposed developments. The County will collaborate with all townships, who are the local stormwater authority in their respective areas. The County will also collaborate with the Townships on wetland related issues for those Townships who retain the WCA LGU authority. E. Cities Scott County will work with Cities and Townships with annexation agreements to evaluate the potential for downstream impacts resulting from development occurring within a City and discharging into the unincorporated areas of the County. F. Cannon River Watershed The Cannon River originates in Steele County and enters the Mississippi River in Goodhue County at Red Wing. A small portion of its physical watershed (approximately two square miles) is located within extreme southeastern portion of Scott County in New Market Township. The Scott WMO will work with the Cannon River Watershed to protect the headwaters of Cannon River. It should be noted, however, that the portion of the North Cannon River Watershed that is in Scott County has been incorporated into the political boundary of the Scott WMO according to historical documentation from BWSR, the SWCD, and the former Sand Creek WMO. Scott County Water Resources Plan – Amendment 1 October 2007 Impacts on Other Units of Government G. Section 2, Page 49 Shakopee Mdewakanton Sioux Community (SMSC) The SMSC is a federally recognized Indian Tribe with sovereign control over its tribal lands that are in trust and an inherent police power separate and distinct from that of the State of Minnesota and its political subdivisions. The SMSC is required to manage its tribal waters in accordance with federal regulations and tribal needs while coordinating its monitoring and enforcement with applicable watershed authorities where necessary and appropriate. The County will promote coordination with the SMSC for land in the SMSC trust for mutual benefit whenever possible and will consider the SMSC’s concerns in all projects that may affect their water resources, particularly with regard to stormwater management and groundwater (drinking water supplies). H. NPDES MS4 Communities Credit River, Jackson, Louisville, and Spring Lake Townships, along with Scott County, have been identified by the MPCA as NPDES Phase II Municipal Separate Storm Sewer System (MS4) communities. The MPCA has previously reviewed and approved the Stormwater Pollution Prevention Plans (SWPPPs) for each of these communities. The County worked with the Townships during the development of the SWPPPs by sharing resources and may continue to do so in the future. However, each township is responsible for the material contained within their respective SWPPP. Each township has designated a responsible party to ensure the minimum control measures are implemented in accordance with the SWPPP. Each township is also responsible for submitting the annual reports to the MPCA. The County does not enforce the implementation of the township’s SWPPPs. In cases where the County does have involvement pertaining to the Township’s MS4 SWPPP there shall be a written agreement between the two parties. VI. Regulatory Agencies Several state and federal agencies are responsible for administering State or Federal laws and regulations associated with water resources. Scott County Water Resources Plan – Amendment 1 October 2007 Impacts on Other Units of Government A. Section 2, Page 50 Minnesota Board of Water and Soil Resources (BWSR) BWSR is a state agency that assists local governments to manage and conserve their irreplaceable water and soil resources. BWSR provides local governments with guidelines, training, and technical assistance in developing and administering resource management plans and programs and provides state funding for water and soil management carried out by local government. Through legislative initiative, the Board of Water and Soil Resources seeks policies supportive of soil and water resource management and encourages implementation of those policies through local units of government. BWSR oversees WMOs, WDs, SWCDs, and administers the rules for the Minnesota Wetland Conservation Act. B. Minnesota Department of Natural Resources (MnDNR) The mission of the Minnesota Department of Natural Resources is to work with citizens and local government to protect and manage the state’s natural resources, to provide outdoor recreation opportunities, and to provide for commercial uses of natural resources in a way that creates a sustainable quality of life. The DNR has many divisions, however the Waters division is responsible for issues such as local water planning, the Protected Waters Inventory, groundwater (including water appropriation), floodplains, shoreland areas, and dam safety. In addition the Division of Ecological Services collects and disseminates ecological information to provide decision makers with tools for making informed resource decisions. C. Minnesota Pollution Control Agency (MPCA) The MPCA was established in 1967. Its purpose is to protect Minnesota's environment through monitoring environmental quality and enforcing environmental regulations. The MPCA administers, among other things, the NPDES permit program, the Stormwater Phase II NPDES rules, the NPDES General Construction Stormwater permit program, Scott County Water Resources Plan – Amendment 1 October 2007 Impacts on Other Units of Government Section 2, Page 51 ISTS regulations, feedlot regulations, and composes the list of the state’s impaired waters for the EPA. D. Minnesota Department of Health (MDH) The MDH administers several water-related programs including wellhead protection, well management, and drinking water protection. E. Minnesota Department of Agriculture (MDA) The MDA's mission is to work toward a diverse agricultural industry that is profitable as well as environmentally sound; to protect the public health and safety regarding food and agricultural products; and to ensure orderly commerce in agricultural and food products. MDA helps farmers and homeowners by developing guidelines for soil amendments and nutrient management to prevent excessive applications. MDA samples well water to check for pesticides and contamination and tests soils to analyze their composition. F. Environmental Quality Board (EQB) The EQB at Minnesota Planning draws together five citizens and the heads of 10 state agencies that play a vital role in Minnesota’s environment and development. The Board develops policy, creates long-range plans and reviews proposed projects that would significantly influence Minnesota's environment. The EQB administers Minnesota’s environmental review program including Environmental Assessment Worksheets (EAW) and Environmental Impact Statements (EIS). The county supports area wide environmental review to identify environmental and development issues and solutions prior to major changes in land use, consistent with state law. G. U.S. Army Corps of Engineers (COE) Scott County Water Resources Plan – Amendment 1 October 2007 Impacts on Other Units of Government Section 2, Page 52 The mission of the COE is to provide quality, responsive engineering services to the nation including planning, designing, building and operating water resources and other civil works projects (navigation, flood control, environmental protection, disaster response, etc.). The COE administers Section 10 of the Rivers and Harbors Act permit program and Section 404 of the Clean Water Act (wetlands permit program). H. U.S. Environmental Protection Agency (EPA) EPA's mission is to protect human health and to safeguard the natural environment — air, water, and land — upon which life depends. EPA works closely with other federal agencies, state and local governments, and Indian tribes to develop and enforce regulations under existing environmental laws. EPA is responsible for researching and setting national standards for a variety of environmental programs and delegates to states and tribes responsibility for issuing permits, and monitoring and enforcing compliance. Where national standards are not met, EPA can issue sanctions and take other steps to assist the states and tribes in reaching the desired levels of environmental quality. The Agency also works with industries and all levels of government in a wide variety of voluntary pollution prevention programs and energy conservation efforts. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 53 Section 3 Background and Assessment of Issues I. Introduction As listed in the Executive Summary of this document and described in detail in Section 4, there are eight goals associated with the Scott County Water Resources Plan. While the goals themselves are quite broad, the policies and objectives under each goal in Section 4 address specific concerns for water resources. A list of specific issues of concern is provided below (in no particular order), however it should be noted that, due to the universal nature of water, these issues are interrelated with all of the goals. • • • • • • • Non-point source pollution Erosion control Groundwater preservation Wetlands protection Flooding Feedlots Education The focus of this section is on the assessment of current issues within Scott County. The assessment process, if done correctly, is first and foremost viewed as an on-going activity. It is important to utilize existing data sources and evaluate existing data, but it is also necessary to determine data needs as technology improves. Second, a continual reassessment of data collection opportunities and emerging methodologies is essential to providing the information needed to make intelligent management and policy decisions. Discussions regarding issues and on-going data collection and evaluation are important for the County to gain understanding of the processes and external forces that affect our water resources. However, it is critical that the general population within the County be apprised of and understand the issues that are affecting their resources. The success of a water program will be dependent upon the teamwork and communication of all parties. Therefore education at all levels is an overall theme throughout this Water Plan. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues II. Background Information A. Sources of Pollutants Section 3, Page 54 Pollutants originate from a variety of sources including but not limited to: Urban sources: • • • • • • Erosion from construction sites Runoff from lawns and streets from residential development Runoff from parking lots and streets from commercial development Runoff, pollutant discharges, and air pollutant deposition from industrial development Faulty ISTS Impervious surfaces Agricultural sources: • • • Discharges from known surface and subsurface tile drainage systems Erosion or runoff from cropland, range land, feedlots, animal waste lagoons, barnyards and pastures Faulty ISTS Other sources: • • • • • • B. Increased runoff and flow duration causing bank and bed degradation of waterways/drainageways Abandoned well contamination Leaking hazardous materials and fuel storage tanks Air pollutant deposition (e.g., acid rain), which includes sources outside the region Salt and sand from winter street treatment; salt storage areas and snow storage areas Excrement from wildlife and waterfowl (based on agency and university research) Types of Pollutants Pollutants that have a significant impact on the water quality of the County consist of several specific types. Sediment: Sediment causes higher turbidity in water and causes a decrease in photosynthetic activity in plants and aquatic life. Turbidity can be measured by the amount of light scattered or Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 55 blocked by suspended sediment and organic particles. Sources of suspended sediment can include cropland erosion, construction site erosion, drainage ditch, stream, and riverbank erosion, and stream and river channelization. Sediment is also a carrier for nutrients flushed into the water due to erosion. Nutrients: The primary nutrients are phosphorus and nitrogen, but any element that is vital to plant growth is considered a nutrient. Excessive amounts of nutrients in water can lead to eutrophication. Eutrophication is caused by an increase in algal growth that causes a decrease in oxygen concentration and an increase in turbidity. A significant decrease in oxygen can kill fish and result in an increase in turbidity and can impair aquatic plant growth. An example of oxygen depletion is the hypoxia area in the Gulf of Mexico, an area of low dissolved oxygen (<2.0mg/l) spreading from the delta of the Mississippi River along the Louisiana coast. Over time this area of water has become so depleted in oxygen that little life is supported within the water column, with bottom-dwelling organisms that can not leave the zone being affected most significantly due to stress and/or death. Sources of nutrients include fertilizers, detergents, leaves and grass clippings, feedlots, pets, faulty ISTS, barnyards, pastures, manure storage facilities and waste lagoons, wildlife, and waterfowl. Phosphorus compounds tend to bind to soil particles, therefore controlling erosion will decrease the amount of phosphorous found in water bodies. Nitrogen compounds are highly soluble and can quickly contaminate the groundwater if excessive watering is used after fertilizing. Nitrogen compounds such as nitrate and nitrite can be toxic to humans if contaminated runoff leaches into the groundwater. The MDH’s web site, specifically the Drinking Water Protection page, has additional information available on contaminant standards, contaminant health effects, drinking water advisories, public water supply systems, as well as fact sheets on various other water-related topics. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 56 Pathogens: The presence of pathogenic microorganisms is often characterized by determining the population of fecal coliforms in water quality monitoring samples. Fecal coliforms are a type of bacteria that are commonly found in the digestive tracks of most warm-blooded animals and are used to identify water that is contaminated with fecal material. Sources of fecal material include feedlots, pets, faulty ISTS, barnyards, pastures, manure storage facilities and waste lagoons, wildlife, and waterfowl. State standards for fecal coliform levels in water are 200 organisms per 100 ml of water (MN Rules Chapter 7050). Pathogens have also been an issue in drinking water supplies due to inadequate filtration within municipal water supply systems and in contaminated groundwater wells. Organic material: Large quantities of oxygen-demanding substances, such as pet wastes, street/lawn litter and organic matter from urban runoff following a rainfall can be deposited in lakes or streams as part of surface runoff. The potential for oxygen depletion is estimated by using the 5-day biochemical oxygen demand (BOD5). BOD5 is a measure of the amount of oxygen required by aerobic microorganisms to decompose the organic matter in a sample of water. The resulting BOD5 value can be used as a measure of the degree of water pollution. Example sources of organic material that microorganisms use oxygen to decompose include plant matter, animal waste, and discharges from faulty ISTS and wastewater treatment plants. With the increased food supply provided in organic matter, microorganisms flourish. This increase in microorganisms depletes the oxygen level in the water body more quickly than it can be replaced. Oxygen depletion as a result is a common cause of fish kills. Toxic Substances: Certain types of industry release chemicals into the atmosphere that travel and disperse over large areas. Thus, contamination from Polychlorinated Biphenyls (PCBs) and mercury is an issue throughout Minnesota lakes. The vast majority of mercury released Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 57 to the atmosphere comes from coal burning power plants and trash incinerators. This elemental mercury enters the water supply and then is reduced by bacteria to methyl mercury. Methyl mercury binds to fish gills and over time accumulates in their tissue. Methyl mercury damages the central nervous system, especially in developing children and infants, and can ultimately lead to death. PCBs were produced as an industrial product until evidence was found that they accumulated in the environment, were potential carcinogens, and disrupted the reproductive cycles of plants and animals. Due to the PCBs not being readily biodegradable, they are still found in the environment today although they have not been produced since the late 1970’s. PCBs are fat soluble due to their hydrophobic characteristics and will build up in the fat stores of fish, making them dangerous to eat. Another source of toxic substances from industrial and commercial sites is petroleum products from leaking USTs. USTs have been used to store petroleum and other hazardous substances since the early 1900’s. Older USTs were subject to product releases caused by inadequate corrosion protection. Many of these releases went unnoticed for long periods of time until the USTs were removed from the ground. State law required that most USTs be upgraded to include leak detection monitors, spill prevention equipment and corrosion resistance as of the year 2000; however, petroleum and hazardous materials from historical releases or from unregulated or non-conforming tank systems still have the ability to seriously impact groundwater. In addition to the above sources, historical practices of disposal of chemicals directly onto the soil surface, into soil pits, or floor drains, etc., has allowed solvents and other hazardous materials to enter the soil and groundwater environment and has caused contamination of these resources. Although these types of practices are primarily associated with older urbanized areas, old farm dumps are also common areas of contamination. Pesticides Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 58 Pesticides are widely used to manage unwanted plants, insects, and fungi. While pesticides are labeled for use and extensively field tested prior to commercial use, they are, at times, used contrary to their labeling. If used unwisely, pesticides are known to be toxic to humans and the environment. Pesticides are generally considered nonpoint source contamination and are typically the result of combined activities of many landowners within a watershed area and rarely can be attributed to any single source. The MDA adheres to the Comprehensive Ground Water Protection Act of 1989 (MN Statute Section 103H) and the Pesticide Control Law (MN Statute Section 18B), which together require that MDA work to properly manage pesticides and adequately protect groundwater from agricultural pesticides. This also includes the development of Integrated Pest Management (IPM) programs. IPM is an approach that first assesses the pest situation, evaluates the merits of pest management options and then implements a system of complementary management actions within a defined area. The goal of IPM is to mitigate pest damage while protecting human health, the environment and economic viability. Therefore, IPM is a dynamic system that is adaptable to diverse management approaches. Pest management decisions are made by the individual producer, business entity or government agency but are influenced by the diversity of public and private values (MDA, 2002). The MDA is also charged with the development of management practices and regulatory rules in the event that groundwater quality monitoring indicates significant degradation trends. The agency is guided by a Pesticide Management Plan (PMP) to address impacts to the state's water resources and guide development of Pesticide Best Management Practices for the prevention, evaluation and mitigation of nonpoint source occurrences of pesticides. Accordingly, MDA pesticide management programs are intimately linked to the Groundwater and Surface Water Monitoring Programs. The MDA’s web site contains Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 59 further information regarding pesticides and pesticide use including an article on Voluntary Best Management Practices for Pest Control in Agronomic Crops. Temperature While the unincorporated areas of Scott County do not contain designated trout streams; portions of the Vermillion River in Dakota County downstream of Scott County are designated. The designated trout stream area was recently expanded and trout populations appear to be good. development. Trout may be threatened, however, by anticipated The trout are present because of cooler waters in some reaches. Development within appropriate controls can increase the temperature of stormwater runoff, as well as the volume of runoff. Higher temperatures can have both chronic (i.e., growth and reproduction) and acute (i.e., lethal) impacts on trout depending on the magnitude of the increase. The potential negative effects of the nutrients and pollutants discussed above can be reduced with better management of land use practices within watersheds, understanding our water resources, and enforcement of stricter rules on runoff and erosion associated with the various land uses including urban, construction sites, and agriculture. Several federally mandated programs are in place to help regulate surface waters, including TMDLs and the NPDES Phase II program. These programs are discussed in more detail in the following sections and in Section 4. III. Lakes and Streams with Water Management Concerns The following list is a summary of the CAC and TAC input on specific water problems located wholly or partially in the unincorporated areas of the County that those entities viewed as concerns in the Scott WMO. Reasons for the CAC and TAC concern are listed with the specific water body. Minnesota River (From LeSueur County border to Jackson Township border with Shakopee): Maintenance of wetlands and nutrient and pesticide loading locally upstream. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 60 Markley Lake: Flooding; landlocked basin (no outlet); flooding after ordinary high water establishment. Sand Creek: Flooding; erosion of banks; agricultural runoff; lack of buffer; more consistent monitoring; urbanization; change in land uses. Credit River: Urban runoff; wetland destruction; erosion of banks; flooding. O’Dowd & Thole Lakes: Erosion of shoreline; residential lawn runoff; lakeshore vegetation; lack of buffers. Cedar Lake: Development; agricultural runoff; urban pollution and residential lawn runoff; faulty ISTS; lakeshore erosion; lakeshore vegetation; lack of buffers. From the CAC and TAC surveys, water bodies listed in Table 3.1 were designated as priority water bodies by the CAC. Please refer to Appendix E, Lake Water Quality Report, of the Scott WMO Comprehensive Water Resources Table 3.1: CAC Priority Water Bodies High Priority Cedar Lake Markley Lake O’Dowd Lake Thole/Schneider Lake Credit River Minnesota River Sand Creek Medium Priority Cleary Lake Cynthia Lake Geis Lake Kane Lake Lennon Lake McMahon Lake Murphy Lake Pleasant Lake Plan (May 2004) for further information on these water bodies. The Vermillion River in Scott County is also a concern for both the VRWJPO and Scott County. The Vermillion River Watershed Plan identified the following primary issues: • River flow volumes have increased • Surface water quality is threatened or impaired • Vermillion River channel/corridor is impacted and sensitive to change • Groundwater quality is threatened or impaired Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 61 • Additional development is expected • Data for making informed decisions is limited • Public awareness about water resources in the watershed and appropriate stewardship is limited IV. Wetland Management Concerns Wetlands are important to the health of Scott County, helping to protect water quality by filtering pollutants and providing habitat for a diversity of species. Wetlands are the most biologically productive ecosystem in nature, anchoring food webs through photosynthesis and production of innumerable small organisms upon which larger creatures depend. In addition, wetlands provide other functions important to communities, including the slowing and storage of flood water, cleansing water of certain pollutants, recharging groundwater and serving as an outlet for groundwater to recharge streams and providing recreational areas. In their natural state, wetlands help minimize the need for costly stormwater facilities and flood protection measures. Although the current regulatory system is more protective than it has ever been, wetlands continue to suffer from harmful activities associated with growth and development. These actions include increased stormwater runoff from nearby development, sedimentation from clearing and grading activities, littering, invasion by exotic plants and animals, and general lack of good stewardship. Wetland protection continues to be complex, as new issues of water quality and quantity in wetlands arise, and fundamental tasks such as consistent definitions and delineation manuals remain. Growth and development continue to demand the conversion of natural landscapes for buildings, parking lots, and other uses, making the preservation of wetlands a challenging task. Solutions to these problems include: acquire and improve data on locations and functions/values of wetlands, increased regulation of activities that occur near wetlands and affect wetlands, Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 62 improved implementation and enforcement of erosion control plans, participation in agricultural management practices, noxious weed/invasive species control programs, improved enforcement of regulatory programs that use fines and penalties as disincentives, improved mitigation through better planning and monitoring of mitigation projects, improved wetland education programs, and increased restoration of damaged wetlands. Wetland functions and values are a measurement of the benefits that wetland basins provide to an area, and are the reason for protecting wetlands against damage and destruction. “Function” refers to the beneficial roles served by wetlands, which include floodwater control and storage, attenuation of runoff; sediment trapping, water quality enhancement by removal of pollutants; groundwater recharge, critical fish and wildlife habitat, areas for scientific study and education, and recreation. Wetland value refers to the public’s value placed on a specific wetland and includes the social, economic, aesthetic, or ecological benefits that wetland systems provides to the general population. Wetland alterations are regulated by several agencies at the federal, state and local levels. The major agencies involved in Scott County wetland issues include the U.S. Army Corps of Engineers, the Minnesota Department of Natural Resources, the Board of Water and Soil Resources, the Soil and Water Conservation District and designated LGUs. General wetland permitting and/or oversight responsibilities are listed below. It should be noted that the permitting requirements at all levels can be complex and assistance is strongly advised from the County or SWCD before undertaking any work in or near wetland areas. U.S. Army Corps Of Engineers (COE): The COE requires a permit if a landowner intends to discharge fill or dredged material into a wetland. Minnesota Department of Natural Resources (MnDNR): All public water and wetlands below the Ordinary High Water Level (OHWL) are considered protected waters by the MnDNR. Any Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 63 project that alters the course, current, or cross-section of a protected water or wetland is subject to the regulatory jurisdiction of the MnDNR. Board of Water and Soil Resources (BWSR): Primary overall administrator (at the State level) of the Wetland Conservation Act (WCA) for the State. Provides staff for technical support to the County. Soil and Water Conservation District (SWCD): In Scott County the SWCD has been designated as the technical resource for WCA by the County as well as other LGUs. Local Government Units (LGUs): Currently there are 11 LGUs (10 Townships) in unincorporated Scott County. The LGU authority was obtained by each LGU passing a resolution to administer the WCA. All the townships in Scott County passed resolutions accepting this responsibility. One township, Sand Creek, has since passed the WCA authority to the Scott WMO. Each LGU has the primary responsibility for administration of the WCA within its jurisdiction. It is anticipated that the Townships will continue to serve as the LGU for WCA permitting into the future unless the authority is transferred to the Scott WMO. The WMO has offered in the past to accept the LGU authority for all of the Townships. MnDNR conservation officers and other peace officers may issue cease and desist, restoration, and replacement orders for violations of the WCA. A violation of an order is a misdemeanor. The County Attorney pursues criminal prosecution of violations under the WCA. Civil enforcement is also an option for obtaining compliance with the WCA. V. Impacts of Stormwater Discharges and Runoff Untreated stormwater from both urban and agricultural land can have a significant impact on water bodies through erosion, temperature increases, and nutrient loading. Pollutants in stormwater can include sediments, nutrients, bacteria, increased temperature, oils, grease, metals, and other toxicants. These contaminants can harm biological populations, destroy fish and wildlife habitat, restrict swimming, and contaminate sediments. Sources include runoff from Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 64 motor vehicles, fertilizers, pesticides and herbicides; runoff from urban development; construction sites; commercial and industrial development; pet feces; and inadequate management of other wastes. Areas developed prior to the general adoption of the Metropolitan Council’s Interim Strategy and the adoption of the updated Scott County Zoning Ordinance and Comprehensive Plan (May 2001) may still be routing stormwater directly into ditches or into nearby water bodies. Of the 11 lakes located wholly or partially within Scott County that are included in the MPCA Lake Water Quality Database, 6 lakes showed high trophic conditions. A trophic state of 60 or above shows a dominance of blue-green algae, algal blooms, and extensive macrophyte problems. These lakes are eutrophic or hyperutrophic, and do not support, or only partially support, swimming. Appendix E of the Scott WMO’s Comprehensive Water Resources Plan (May 2004) contains additional information about trophic states and data for each lake. The following lakes within the Scott WMO have trophic states above 60: Cedar (71); Cynthia (76); McMahon (69); O’Dowd (66); Pleasant (73); and Thole/Schneider (70). Those lakes with trophic states below 60, which is the expected trophic state for this ecoregion, are Cleary (55); Crystal (55); Markley (58); Murphy (46); and an unnamed lake (45). The unnamed lake is designated #70-11 in SE ¼ of Section 10 in Credit River Township – bordering Dakota County/City of Lakeville. Nutrient loading from stormwater in Scott County is an issue as evidenced by the proposed TMDL list for impaired waters in the County, which shows many of the waters listed for nutrients and turbidity. Clearly identified minimum baseline parameters, monitoring of direct discharges of stormwater, and improved maintenance of stormwater ponds and systems could help protect the County’s water bodies from excessive nutrient loading and heavy sedimentation. In addition, the County will be using incorporation of low impact design techniques, reduction of impervious areas, and development of a regional ponding system to help improve the quality and reduce the quantity of stormwater. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 65 Increases in the temperature are potentially an issue for the Vermillion River watershed portion of the County. Portion of the Vermillion River are a designated trout stream. The designated areas are all in Dakota County, but Scott County portions represent the headwaters of the river and discharge to the trout waters. Larger volumes of warmer flow from Scott County could affect the trout reaches. In September of 2000, Barr Engineering prepared the Scott County Stormwater Impact Study, as a part of the County’s development moratorium work plan in order to help evaluate the public’s costs for stormwater management created by new development. The study used computer models to evaluate two hypothetical watersheds with conditions typically found in the developing areas of the County. The results show that most rural residential development appears to have only minimal hydrologic impacts, even in comparison to agricultural uses. In addition the model results showed that commercial and industrial development, as well as agriculture and clustered residential with agriculture, had the highest hydrologic impacts. The study also helped determine general water management planning and administration costs associated with stormwater impacts from new development. Currently a portion of these costs is offset by the fee for stormwater planning and water quality, as specified in the Fee Schedule for the Scott County Zoning Ordinance No. 3. Issues associated with water quality and quantity have the potential to be exacerbated by the changing land use in the County, which was listed as the 12th fastest growing county in the U.S. in 2002 by the U.S. Census. In 2003, Scott County was named the 8th fastest growing county in the U.S. Urban development has potential to have profound influence on the quality of water. Development dramatically alters the local hydrologic cycle. The hydrology of a site changes during the initial clearing and grading that occur during construction. Trees, meadow grasses, and, to a lesser extent, agricultural crops that had intercepted and utilized rainfall are removed and natural depressions that had temporarily ponded water are graded to a uniform slope. Cleared and graded sites erode, often are severely compacted, and can no longer prevent rainfall from being rapidly converted into runoff. After construction of roof tops, roads, parking lots, Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 66 driveways and other impervious surfaces rainfall is no longer able to infiltrate into the soil. Consequently, most rainfall is converted directly to stormwater runoff. For example, a one acre parking lot can produce 16 times more stormwater runoff than a one acre of meadow each year (Schueler, 1994). The increase in stormwater runoff rate and volume from development can challenge the existing natural drainage systems to handle runoff in an effective, environmentally sound, and long-term manner. Many times the natural drainage system is often “improved” to rapidly collect runoff and quickly convey it away (using curb and gutter, enclosed storm sewers, and lined channels). The stormwater runoff is subsequently discharged to downstream waters such as streams, rivers, lakes, or wetlands where problems are created due to causing an imbalance or overloading of the natural conveyance system. This leads to additional downcutting and deterioration of the natural channel, which results in increased erosion and an unstable water conveyance system. Careful management of stormwater rates and volumes will be essential over time, as well as methods to attain better water quality associated with the County’s water resources. VI. Flooding and Stormwater Rate Control The MnDNR oversees the local administration of the state Floodplain Management Program (MN Statutes 103F.101-103F.165 and MN Rules 6120.5000 – 6120.6200) by promoting and ensuring sound land use development in floodplain areas in order to promote health and safety of the public, minimize loss of life, and reduce economic losses caused by flood damages. Federal floodplain management oversight has been delegated to the MnDNR by the FEMA. However, FEMA still has a significant impact on local floodplain regulation through its role in publishing local floodplain maps and administering the NFIP. The natural floodplain is an important part of the surface water system. It affects storm runoff, water quality, vegetative diversity, wildlife habitat, and aesthetic qualities of rivers and lakes. Therefore, any alteration of the floodplain should be carefully evaluated. Generally, the least Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 67 amount of alteration to the natural system is usually the most ecologically and hydrologically sound development decision. Figure 3.1 Floodplain Areas (MnDNR) As defined by the MnDNR on their Division of Waters “Floodplain Management” Web site, the floodplain is considered to be the land adjoining lakes and rivers that is covered by the 100-year or regional flood, as shown in Figure 3.1. This flood is considered to be the flood that has a one percent chance of occurring in any given year. Using sophisticated engineering techniques, it is possible to calculate the magnitude of such a flood along those rivers where long term flood records have been kept. Various government agencies conduct these studies, and as they become available, local communities are required by state and federal law to adopt floodplain zoning ordinances. The floodway is the land immediately adjoining the river channel that is the natural conduit for flood waters. The floodway must remain open in order to allow flood waters to pass. When the floodway is obstructed by buildings, structures, or debris, flood water will be dammed up and will flood even larger areas upstream. Large portions of the floodplain store and later release flood waters, which reduce river flood stages. Development of these areas can result in increased flooding. Under the statewide floodplain management standards, local communities cannot allow development in the floodplain that would cumulatively cause more that a ½-foot increase in the height of the 100-year flood. Since this area must be left open to pass flood waters, only open space uses, such as farm land, residential yards or gardens, golf courses, parks, playgrounds, or parking areas, are normally allowed in the floodway. The Flood Fringe is the remainder of the floodplain lying outside of the floodway. This area is generally covered by shallow, slow-moving floodwaters. Development is normally allowed in Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 68 the flood fringe provided that all structures are placed on fill so that the lowest floor, including the basement, is at or above the regulatory flood level An engineer or surveyor will need to evaluate the proposed building site and determine the property’s flood protection elevation and whether the proposed building is in the floodway. Map 11 shows FEMA’s currently published data for 100-year floodplains in Scott County. The County is currently working with FEMA to complete updated Digital Flood Insurance Rate Maps for the County. The Regulatory Flood Protection Elevation (RFPE) refers to an elevation 1 foot above the 100-year flood. The elevation of the lowest floor of a structure must be at or above the RFPE. An access road elevation must be within 2 feet of the flood protection elevation. Scott County Zoning Ordinance No. 3 provides detailed, local requirements in addition to these state-required regulations. The economic impact associated with flooding, which includes damage to homes, structures, and other property, can be devastating to the public both in personal loss and in insurance costs. The MnDNR also lists the following: Larger flood peaks and longer flood durations result in longer periods of time that recreational facilities are not available for use. Flooding damages or destroys recreational trails and bridges. Repair of flood-damaged facilities and controlling public use of facilities during flooding events places more strain on budgets and personnel. Inundation of upland habitats for longer time periods also alters the mix of plant and wildlife species present. When a watershed becomes wholly or partially occupied by development, the development has the potential to increase the volumes and rates of runoff from stormwater dramatically. The increase in paved ground surfaces, together with the installation of a more efficient drainage system, greatly reduces surface depression and detention storage, reduces the time of concentration and delivers runoff to the nearest watercourse in a fraction of the time that this would have taken prior to development. The result is a much sharper rise in the rate of flood Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 69 runoff, which greatly increases the peak discharge rate from the watershed and substantially increases the subsequent depth and severity of flooding. With the rapid development currently occurring in the County, an increase in impervious area is expected. This emphasizes the importance of stricter regulations on management and/or approval of impervious areas within areas of development or re-development. Innovative landscape design such as the incorporation of open space, pervious pavement, or low-impact development techniques can substantially lessen the impervious surface, or the impacts of impervious surfaces, throughout new development, both residential and commercial. Scott County will encourage the use of natural infiltration and natural retention facilities for stormwater, which is consistent with the County’s GWPP, local stormwater management plans, regional standards, and state guidelines. Well-designed stormwater conveyance systems may enhance groundwater supplies and soil moisture levels as well as augment landscape amenities and protect existing surface water resources. Recharging groundwater through the infiltration of stormwater rather than encouraging conveyance of stormwater off site can help to minimize flooding and rate control issues. Inter-community cooperation and collaboration is necessary for effective control of stormwater and important for improved educational initiatives and outreach activities (for developers, builders, city and township officials, etc.). One of the issues the County is facing is flooding around landlocked basins (lakes, ponds and wetlands that, under normal hydrologic conditions, do not have a surface overflow). Landlocked basins are difficult to manage because water leaves the basin only via groundwater and evaporation. These are very slow processes for dissipating runoff. As long-term weather patterns fluctuate, the lakes often have wide fluctuations in water level. Routine engineering methods often do not adequately predict these fluctuations. In consequence, it is often discovered that homes, roads and other improvements have been built within the floodplain of landlocked basins. This often results in pressures to construct engineered outlets, which are expensive and may add runoff volume and nutrients to downstream water bodies. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 70 A complete inventory of landlocked basins in the County has not been completed; There is no current list of lakes that do not have outlets in Scott County. It is the intention of the County’s Natural Resource Department to work with the SWCD and MnDNR to compose a list of landlocked lakes and provide this information on the County’s GIS. The County will use the information to assist the WMO with its assessment of stormwater and flooding issues. In Chapter 6 of the zoning ordinance, the County has adopted (6B-2q) a requirement that the 100-year flood level be determined using the runoff from the 100-year wet year, which should set more conservative flood levels. The same ordinance (6B-1e-2a) requires that added runoff volume from new developments is not allowed unless the applicant can demonstrate that the added volumes will not adversely affect downstream properties. This evaluation requires review of any downstream landlocked lakes or ponds. These stricter stormwater management standards will help limit future flooding problems around landlocked lakes in the townships. Lakes in Scott County that have outlets are: Cedar, Clark, Cleary, Cynthia, Hickey, Pleasant, and St. Catherine. VII. Impacts of Soil Erosion The most important pollutant to control in all areas of the County is sediment. Sediment settles in water bodies, carries some types of pesticides and nutrients, and clogs drainage systems. If erosion is reduced, the sediment found in runoff along with the associated nutrients and pesticides will be reduced. The County established an erosion control enforcement program, starting in 2005, which incorporates the County’s erosion control requirements, as well as the WMO and State standards. The program includes inspection, tracking, and enforcement of projects permitted throughout the unincorporated areas of the County. Inspectors also respond to unpermitted land disturbances which may be causing soil erosion and sedimentation. Urban land uses: Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 71 Areas of Scott County have experienced rapid growth in the past few years. Developers and builders are required to prepare erosion control plans, but historically they have not maintained erosion control and sediment measures throughout construction of the project. This leads to increased sedimentation in lakes, streams, and wetlands. The newly implemented Erosion and Sediment Control Program has increased enforcement of the erosion control regulations. Agricultural land uses: According to the “1997 Census of Agriculture” (NASS, 1999), there were 805 farms in Scott County, covering approximately 118,000 acres or approximately 50% of land in Scott County, with an average of 146 acres per farm. Of the 99,795 acres of cropland in Scott County, approximately half are adequately treated with proper conservation practices, according to Scott SWCD. One conservation practice that is recommended by the SWCD and USDA is leaving crop residue on the fields to help protect the soil surface during periods when no vegetative cover is present. Residue surveys are conducted each spring in Scott County and in counties across the state. Data can be presented in several different ways and Figure 3.2 shows corn-soybean survey results for Scott County from 1995 through 2001 (USDA, 2002). It should be noted that the percentages in Figure 3.2 represent fields meeting residue targets (>30%) plus fields with greater than 15 percent residue when following soybeans. Scott County ranked 12th in the state for percentage of fields meeting residue targets during 2001. 70% 60% 1995 50% 1996 40% 1997 30% 1998 20% 1999 2000 10% 2001 0% Crop Residue Percentage Figure 3.2 Corn-soybean residue survey results Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 72 Crop residue data for Scott County can also be shown as percent of fields (by year) with residue cover by crop type. Figures 3.3 provides this comparison for corn, soybeans and small grains for the years 1995 through 2002 (BWSR, 2002). Figures 3.3 Corn, soybean and small grain residue Percent of Fields with Crop Residue 16 to 30% Percent of Fields with Crop Residue 0 to 15% 100 90 80 70 60 50 40 30 20 10 0 Corn Soybeans Small Grains 1995 1996 1997 1998 1999 2000 2001 2002 Year 100 90 80 70 60 50 40 30 20 10 0 Corn Soybeans Small Grains 1995 1996 1997 1998 1999 2000 2001 2002 Percent of Fields with Crop Residue >30% 100 90 80 70 60 50 40 30 20 10 0 Year Corn Soybeans Small Grains 1995 1996 1997 1998 1999 2000 2001 2002 Year Scott SWCD has identified high priority cropland erosion areas, but cropland in all areas of the County is subject to wind and water erosion. Issues related to cropland erosion can be categorized as follows: 1) sheet and rill erosion, 2) wind erosion, and 3) gully erosion. Many of the erosion control practices are temporary in nature and can be removed or discontinued easily. The loss of erosion control practices on land that needs continued protection is an on-going concern, especially when considering that prime farmland and other farmland of importance is being converted to other uses and, therefore, being removed from commercial agricultural production. Consequently, further protection of highly erodible lands is necessary. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 73 Buffers: Buffers are transitional areas between two different land uses that help mitigate the effects of one land use on another. Buffers can take different forms and are designed for various functions. For example, filter strips are primarily used to increase infiltration of surface runoff and provide for sediment trapping while shade strips can be used to provide shading to waters sensitive to temperature, such as trout streams. Buffer strips are needed along water bodies to alleviate impacts to water resources. Issues include grazing along stream banks and shoreline, farming along ditches or to the edge of water bodies, and the replacement of native vegetation with manicured lawns, which leads to increases in erosion and decreases in infiltration (pollution of surface water). VIII. Impact of Land Use Practices With the current levels of development and existing degradation in some water bodies, it is necessary to improve the levels of water quality. Point sources of pollution are regulated and monitored by the State. Non-point source pollution remains an issue throughout the County, with each water body affected to some degree and in some manner by its surrounding land use practices. Water quantity is critically linked to water quality. Controlling water quantity and sedimentation are particularly important, since those processes contribute to flooding and nonpoint source pollution, which in turn causes physical damage. Historically the majority of regulatory focus was on point sources of water quality degredation, or known sources of pollutant discharge. Therefore, water quality standards have been based on chemical components rather than ecosystem requirements. With non-point source water quality issues becoming more of a concern, integrating the state regulatory programs with local water planning requirements and involving local and tribal governments in the process of determining water quality goals and priorities is essential. A watershed approach is needed to address nonpoint source pollution and all stakeholders will need to work together to understand, study, and ultimately manage solutions to non-point water quality issues. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 74 Land use directly affects the quantity and quality of water resources. Scott County intends to apply principles of land use and landscape design to minimize stormwater runoff and maximize water quality. Specific land uses that are the greatest contributors to the degradation of water quality include: • Urbanization of large land areas • Noncompliance with erosion and sediment control plans • Excessive pesticide, herbicide, and fertilizer application • Confined animal feedlot operations • Nonconforming ISTS • Wetland alterations (drain or fill activities) • Intensive conventional row crop agricultural practices • Poorly managed open surface tile inlets • Industrial buildings and parking lots The percentage of impervious land in an area is one indicator of the potential affects on the quantity and quality of water in an area. Impervious land does not allow water to infiltrate into the soil. Instead, water becomes runoff, carrying with it pesticides from lawns and fields, and sediment from eroded areas. Generally, the more impervious land in a development, the higher the quantity of runoff water and the lower the quality of water discharging from that area if the runoff is not managed appropriately. In terms of the rapid growth of the County, impervious land in developments needs to be limited, and construction site erosion control needs to be strictly enforced. In the agricultural areas of the County, farming practices need to reduce the amount of sediment and nutrients in runoff from fields, and farm operators need to be aware of and participate in programs designed to reduce runoff. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues IX. Section 3, Page 75 Impacts of Water Quality and Quantity Management Practices Heavy sedimentation and nutrient loading of the County’s lakes, streams, or wetlands can greatly impact the natural habitat around the water bodies, the health of the water bodies themselves, their aesthetics, and the overall health of the communities surrounding the water resources. In addition, nutrient loading and heavy sedimentation of the water resources can reduce or eliminate the more desirable wildlife of lakes such as fish, small animals, amphibians, and birds. This can lead to a less diverse habitat and reduce the capacity of the water body for fishing, hunting, bird watching, and education. Heavy algal growth or algal blooms can reduce a lake’s recreational use for contact activities such as swimming and boating. Stormwater runoff that is directed into the soil without adequate treatment can also degrade groundwater quality. Certain land uses and activities are known to produce higher loads of metals and toxic chemicals. Pollutants, such as chloride, nitrate, copper, dissolved solids and some polycyclic aromatic hydrocarbons (PAH’s) can migrate into groundwater and potentially contaminate wells. Contaminated lakes and streams also have the potential of leaching toxins into the groundwater and causing health problems in the larger community. Fertilizer and pesticide use in agriculture is also an area of concern. As farming practices and crop rotations have changed in the past 30 years, the increased use of pesticides and commercial fertilizers has been a mixed blessing. On the positive side, it has improved farm productivity. On the negative side, it has added to the potential for low level groundwater contamination in certain vulnerable aquifers in Minnesota. Areas susceptible to groundwater contamination in Scott County are shown in Map 5. In addition, surface waters become eutrophic when nutrient levels become too high – causing harm to vulnerable plant and wildlife species. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 76 With the advent of anhydrous ammonia in the early 1960’s, nitrogen fertilizers became inexpensive, which resulted in increased usage. Nitrogen, if over-applied or applied at inappropriate time, can easily leach to the groundwater. Phosphorus was also inexpensive, which led to greater farm and non-farm usage. Runoff high in phosphorus has caused accelerated euthrophication in lakes. These potential problems are not necessarily caused by the simple increase in the use of fertilizers and pesticides over the years, but primarily from poor application and management methods. X. Impacts on Groundwater Scott County provides for the protection of groundwater in accordance with MN Statutes 103B.255 through its approved and adopted GWPP. The GWPP is incorporated by reference into the Scott County Water Resources Plan and provides for implementation of the GWPP’s implementation objectives. Scott County relies on groundwater for its domestic, municipal, and industrial supplies. The percentages of reported groundwater usage in the County are in some cases much higher than statewide percentages. The large difference in groundwater usage is due to the amount of urbanization occurring in Scott County as compared to the rest of the state. These urbanizing areas rely exclusively on groundwater for their municipal and private water supply. Therefore, they are particularly vulnerable to aquifer contamination and groundwater table drawdown. Groundwater is located beneath the earth’s surface in soil and geologic materials. Beneath the water table, all soils and geologic materials are saturated with groundwater, which is stored in and flows through an intricate network of pores, joints, fractures and solution cavities in the underground geologic formations. Figure 3.4 shows how groundwater flows from recharge to discharge areas. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 77 As indicated in the above figure, groundwater recharge and quality are affected by infiltration rates. Slow infiltration of rainfall through the soil layer is essential for replenishment. The amount of rainfall that recharges groundwater varies, depending on the slope, soil, and vegetation. Because development creates impervious surfaces that prevent natural recharge, a net decrease in groundwater recharge rates can be expected in urban watersheds. Thus, during prolonged periods of dry weather, stream flow sharply diminishes due to fewer groundwater inputs from the surface (especially in the case of a “gaining” stream). Excessive pumping and dewatering also affects aquifer levels, particularly within the low-lying Minnesota River valley area of the County and the areas that are highly susceptible to groundwater contamination. Large fluctuations in groundwater levels due to excessive pumping, along with increased impervious areas can lead to issues of falling groundwater levels and effects on private wells in the County. During the dry summer of 2001 there were numerous issues with private well owners due to falling groundwater table levels in Credit River Township. As development in Scott County continues, conservation is undoubtedly the easiest way to reduce the pressures on the groundwater supply and avoid restrictive groundwater use controls. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 78 Proactive conservation works on the assumption that by cutting out wasteful practices there will be more water available in the future. Benefits of this type of conservation philosophy identified by the Metropolitan Council (1992) include: Preservation of the resource to ensure that water supplies will be available in the future. Elimination or postponement of new source development with associated saving of capital investment, operating costs, and energy. Improvement of water supply efficiency to maximize the use of the resource. Institutionalization of conservation practices that help utilities cope with short-term water shortage emergencies. Conservation can also be treated as reactive. Reactive conservation results from water shortage emergencies and tends to be regulatory. If a water supply crisis exists, communities can enact sprinkling bans, rationing, and other controls on non-essential uses to assure that drinking water supplies are maintained. Communities that take a proactive approach to water conservation may be able to prevent these water shortages before options are narrowed. In addition to groundwater supply issues, groundwater contamination is of concern in the County. In the GWPP, a variety of sources of groundwater contamination are given including: Feedlots: Historically the major concern regarding feedlots has been surface water pollution caused by runoff waters. Further study of this issue has shown that leaching of feedlot waste into groundwater is also a concern. Without proper management, feedlots can be a major source of nitrogen, phosphorus, and organic pollution to both surface and groundwater. Feedlots located in close proximity to a well can cause contamination of the aquifer, which in addition to contaminating the first well, can contaminate other wells using the aquifer for a water supply. Additionally, this pollution can enter the groundwater through sinkholes, cracks and fissures common in areas with a high potential for fractured bedrock. Landfills: Improper site selection and use of improper materials to cover the waste has contributed to Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 79 groundwater contamination. Industrial landfills contain many organic compounds, toxic metals, and other inorganic contaminants that are difficult to clean up once they have entered the groundwater system. Mining Operations: Sand and gravel mines often extend into buried drift aquifers; once the surface soils and vegetation are stripped away, contaminants can flow into the groundwater with little obstruction (trapping or filtration by vegetation and soil materials). Individual Sewage Treatment Systems (ISTS): Non-compliant ISTS may be located too close to the groundwater table (less than two feet) for adequate sewage treatment through percolation in the soil, or they may be failing and potentially contaminating the groundwater due to overloading or lack of maintenance. It is difficult to monitor ISTS that are failing beneath the surface and leaching into groundwater. Stormwater Ponds: Issues associated with stormwater runoff include potential water quality degradation that can cause the contamination of groundwater supplies. Aggravating conditions include unlined treatment ponds that are designed for protection of surface waters that fail to consider potential impacts to groundwater. Wells: Improperly constructed, operated, or abandoned wells can directly introduce pollutants into individual water supplies and the aquifer(s) through which these wells constructed. Excessive pumping from wells can also cause water to be drawn into a well from larger distances around the well. If contaminated groundwater is present within this expanded circumference, it may result in contamination of the well. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 80 Underground Storage Tanks (UST): USTs are of concern because leaking tanks allow contaminants to infiltrate into the surrounding soils and eventually groundwater. Depending on the circumstances, leaking USTs can go unnoticed for several years. Groundwater Quantity: Programs and policies from the GWPP are updated and implemented through this Water Resources Plan. Future issues may occur with increasing development. The County, in conjunction with its urban and developing areas, will need to further develop wellhead protection areas (WHPA) to gain a better understanding of where major recharge areas are located and protect the more vital aquifer areas. Water conservation is needed to prevent shortages and reduce the amount of sewage treatment. Monitoring of groundwater levels and quality is also needed to better understand the condition of the current water supply. Contamination of the groundwater supply is difficult to monitor and expensive to repair, and the County will take a leadership role to help determine preventive measures to protect this essential resource. The County will also encourage interconnections between water supply systems to enhance water supply management between communities. Interconnections in municipal water supply systems could potentially help to mitigate emergency situations by providing an alternate water source should a well become contaminated or run dry. XI. Adequacy of Protection for Surface Water Resources Initiatives such as the EPA’s TMDLs, which is a program administered by the MPCA, as well as the NPDES Phase II program are aimed at managing surface water better. In addition, the WCA, MnDNR Shoreland rules, MnDNR Protected Waters Rules, and other federal, state and local regulations have made dramatic progress in the protection of wetlands and reducing adverse impacts on water quality. A focus of the wetland goals and objectives in this Plan is to work with the WMO to develop a Comprehensive Wetland Management program, and included in that is the protection and Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 81 management of uplands and natural corridors between wetlands. The pressure to drain or fill wetlands and to develop upland areas or important natural areas will parallel development pressures in the County. Implementing wetland policies and programs to protect, restore and connect existing wetlands will provide future savings in the areas of flood control, water quality and wildlife health. The County must work with the WMO to identify and prioritize the rare, unique and otherwise high quality wetlands and subsequently implement special protection measures as an investment in the overall environment. The County will also work with the Townships who retain the WCA LGU authority to ensure that the Comprehensive Wetland Management Plan’s policies and programs are met. This document identifies and prioritizes lakes and streams (in terms of both TMDLs and the findings of the Citizens Advisory Committee) and outlines an approach for the development of a Comprehensive Wetland Management Plan, including establishing a framework to develop a functions and values assessment for wetlands in the County. Existing regulations can only partially address the surface water issues affecting the County. New regulations without adequate enforcement, funding, and education in the County will not sufficiently protect the County’s water resources. Mechanisms for the study and assessment of water resources, education initiatives, adequate funding, and an enforcement plan need to be in place before adverse impacts from land use practices on water resources and their ultimate management and protection in the WMO and County can be satisfactorily addressed. XII. Adequacy of Existing Management of Stormwater, Flooding and Soil Erosion Numerous programs affect how water and related resources are managed in Scott County. The implementation of this Plan will seek funds from a variety of sources for program development and management priorities. Although existing management provides an adequate basis for most practices, limited staff and resources often restrict the effectiveness of these programs. Controls in Scott County Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 82 Goals, policies, and standards in this Water Plan augment existing ordinances and programs to control erosion in the unincorporated areas of the County. The existing ordinances include the general criteria in practices contained in Protecting Water Quality in Urban Areas (PCA, 2000), the Minnesota Construction Site Erosion and Sediment Control Handbook (BWSR, 1988), and the new Minnesota Stormwater Manual (MPCA, 2005). The NPDES program, administered by the MPCA with the assistance of local communities, was published in the Federal Register on December 8, 1999. The NPDES Phase II program involves several communities within Scott County that are considered to be in an “Urbanized Area” by the EPA and were thus mandated to comply with the NPDES Phase II MS4 permit requirements. Communities mandated by EPA to provide a Notice of Intent and a Storm Water Pollution Prevention Plan (SWPPP) by March 10, 2003 included Scott County along with Louisville, Jackson, Credit River, and Spring Lake Townships. These communities must implement their SWPPPs by the end of the first permit term (5 years). The NPDES Phase II local stormwater management programs will need to address several areas including a Best Management Practice (BMP) approach to stormwater management, construction site stormwater runoff control, post construction stormwater management, public education and public involvement. The programs will also be responsible for establishing measurable goals, methods in which to meet those goals, and measures to track performance and progress. The TMDL program, also administered by the MPCA provided a list of impaired waters to the EPA in the fall of 2002, which was approved by the EPA in January 2003. The list was updated and approved by the EPA in May 2004. A draft list for 2006 is currently available for public review, but has not been adopted by the MPCA. The list includes several water bodies within Scott County. Timelines for developing the specific TMDL for each water body are included as part of the list. Development of the TMDLs will require studying/modeling specific watersheds to provide a management plan that will address the pollutant(s) that the water bodies are listed for. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 83 Controls such as those listed above are necessary to prevent degradation of water quality within the County associated with erosion and runoff issues. Scott County also supports the efforts of the SWCD to encourage farmers to implement practices that protect topsoil and reduce agricultural erosion. The County erosion control goals are consistent with long standing national programs to protect topsoil and reduce the amount of sediment reaching sensitive water bodies such as the Minnesota River. The MPCA is the state authority in enforcing rules (Minnesota Rules 7020) for feedlots. However, it does not have sufficient staff and resources to assure state-wide compliance and has a delegation program where individual counties can accept responsibility for administering most of the feedlot program within their respective county. Scott County obtained delegation from MPCA to uniformly administer 7020 within the County as of January 2002. The Natural Resources Manager for the County has been designated as the County Feedlot Officer, with the SWCD continuing to provide the technical assistance to landowners. Education Education is an important and essential component of this Plan. While there are currently educational activities in place managed by the County, the goal of this Plan is to expand the educational program associated with water resources and to provide opportunities for public participation in achieving the goals and objectives within this Plan. Current programs include: • Periodic articles on water resource management in the County newsletter (The Scene), published 6 times a year, mailed directly to all Scott County residents. • Water pollution prevention tips in newsletters are sent out to all Scott County residents as part of the County’s solid waste program. • The County works with the Scott SWCD to promote urban erosion control practices with developers and builders and agricultural best management practices with rural agricultural producers in the County. Brochures and fact sheets on various practices, BMPs, etc are available for free through the SWCD office. • Scott County’s University of Minnesota Extension Service promotes agricultural and residential practices that prevent or reduce pollution, including ISTS. Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues • Section 3, Page 84 The Natural Resources County website provides information on water resources (to be updated and expanded with the adoption of this Plan). • There are a few school programs in place, more will be added. • Several non-profit organizations provide education and opportunities for public participation in water programs. • Erosion Control Workshops are held at the County to educate homeowners, builders, developers, contractors, etc. on the importance of erosion control. The workshops also illustrate the permitting process • Additional educational funding will be needed to address a broader range of water management issues. Rural Programs Scott County, the Scott SWCD, and the County’s U of M Extension Service work directly with farmers and residents with soil erosion and water quality degradation programs, and maintain values of natural storage and retention systems, and water level control structures. Governmental Oversight Local government’s (County, City, and Township) most effective tool for enforcing erosion control plans, stormwater management plans, and wetland conservation plans is the platting/plan review process, through the enforcement of local ordinances. Local, state, and federal regulations related to stormwater management, erosion control, open space dedications, wetland conservation, tree preservation, are addressed when new developments are platted. Developers are required to follow design specifications and standards once a plat has been officially approved. However, during the construction of the development, contractors hired by the developer may not be aware of plat conditions or are negligent in carrying out the specified requirements. In addition to direct water quality and quantity impact that may occur if plat requirements are not followed, secondary impacts such as wetland sedimentation, sheet and gully erosion, loss of trees due to injury and disease, etc. may occur. LGUs that have adopted a policy of low tolerance for plat violations of wetlands, erosion control, or tree ordinances indicate that compliance increases with enforcement oversight. The County needs to continue to be vigilant Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 85 in the enforcement of platting requirements and wetland protection and erosion control ordinances. Additional training of local officials, developers, and their contractors, as well as funding may be necessary to provide for additional inspections and enforcement. Lake and Stream Monitoring There are over 53 lakes in Scott County (as identified on the MnDNR Protected Waters List, 1987), and numerous rivers, streams, wetlands, and creeks in Scott County. The MPCA and Metropolitan Council administer lake and watershed outlet monitoring programs, but not all of the County’s lakes and streams are currently being monitored. The County will assist the WMO with coordinating citizen monitoring programs for taking simple measurements such as water clarity to get an awareness of the condition of the surface water. The Citizen Lake Monitoring Program (CLMP) is a cooperative program combining the technical resources of the MPCA and the volunteer efforts of citizens statewide who collect water-quality data on their lakes. The program greatly multiplies the MPCAs water-quality sampling capabilities, while volunteers learn about the water quality of lakes in their region and the causes and effects of lake pollution. The Metropolitan Council sponsors the Citizen-Assisted lake-Monitoring Program (CAMP). The purpose of CAMP is to provide lake and watershed managers with good lake quality data as well as involve interested citizens. Citizen volunteers collect samples from lake surfaces at bi-weekly intervals from mid-April through mid-October. Volunteers collect water to be analyzed for total phosphorus, nitrogen and chlorophyll-α, and measure surface temperature and water transparency. The MPCA’s CLMP has monitored several lakes in Scott County. The lake clarity data shows a general decrease in clarity in the late 1980’s and a steady increase in clarity until peaking in the early 1990’s. In the last several years however, the clarity of the lakes monitored appears to be decreasing. This information can be helpful in giving a general idea of the water quality of lakes and showing the effectiveness of current policies. Utilizing the MPCA’s Citizen Stream Monitoring Program (CSMP) will be a consideration of this Plan, as well as the Metropolitan Council’s established Citizen Assisted Monitoring Program (CAMP). Scott County Water Resources Plan – Amendment 1 These programs are October 2007 Assessment of Issues Section 3, Page 86 attractive due to their low expense and ability to actively involve and educate the general community in gathering important data on the County’s water resources. With the help of volunteers, Scott County will be able to identify water bodies that are in the greatest need for improved water quality. The County will then be able to direct the necessary attention and resources, including staff and funding, in an attempt to restore these priority water bodies to a healthy condition. County Ditches County ditch repair and improvements shall comply with statutory requirements. MN Statute Section 103E.021 requires the establishment and maintenance of 16.5 ft permanent grass buffers along ditches. Agriculture is prohibited within the buffers. Ditches that were constructed prior to the enactment of the law stated above may not have an established buffer because there have not been any improvements or other work performed on the ditch since the law took effect in the 1970s. Past problems will be mitigated when improvements are made to the ditches. Currently the ditch authority in the County is the County’s Highway Department. XIII. Adequacy of Capital Improvement Programs This document provides the first Water Resources Plan for Scott County and as such is the beginning of a formal CIP directly related to water resources. The Plan will identify projects for the unincorporated portions of the County. It is the intention of the County to work with other water authorities in the County in partnership to achieve success on larger endeavors such as regional ponding. XIV. Corrective Actions Corrective actions to address the water management issues described above are contained throughout Section 3. A summary of these corrective actions is provided below: Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 87 Increased Water Quality Monitoring The County is proposing to work with the Scott WMO to establish a more comprehensive approach to monitoring water quality throughout the County. Increased monitoring will allow the County to further analyze sources of pollutants and develop strategies to minimize further water degradation. Comprehensive Wetland Management Plan The County will work with the Scott WMO in developing a comprehensive wetland management plan. The comprehensive wetland management plan will include identification of prime wetland sites, protection policy, preservation programs, restoration requirements, and regulation guidance. Land Development Practices The County will continue to encourage the use of the natural drainage systems as well as a reduction in new impervious surfaces associated with new development projects. Reducing impervious surfaces will decrease the volume of surface water runoff from development sites and increase the potential for groundwater recharge. The County currently offers density bonuses for open space design to encourage reduced impervious areas. The County will continue to explore incentive options to encourage smaller areas of new impervious surfaces. Erosion and Sediment Control Program The County has implemented an erosion and sediment control (ESC) program for development projects as well as building permits. The program consists of weekly inspections along with enforcement and tracking of project sites that are found to be out of compliance. The County will continue this program in the future, modifying as necessary to stay current with local and state regulations. Buffer Strips Scott County Water Resources Plan – Amendment 1 October 2007 Assessment of Issues Section 3, Page 88 Buffer Strips are required along delineated boundaries of wetlands and along watercourses. The County will continue to require buffer strips as land is developed and re-platted. Furthermore, the County will explore options for increased monitoring of buffer strips to ensure that land owners are not encroaching upon them. Enforcement of Ordinances The County staffs a full time code compliance officer to enforce the County’s Zoning Ordinance. Continued enforcement of the ordinance will have a positive effect on the water management issues raised in this Section. Education/Public Involvement Since many of the potential contamination threats to surface water and groundwater are humancaused, educational efforts can be significant in the prevention of further contamination. According to a 1998 survey by the National Environmental Education and Training Foundation, many Americans do not realize the level at which their behaviors impact the environment. The survey also showed that when people understand their roles in water pollution, they were more likely to engage in behaviors that will decrease pollution. The public must be empowered and reminded of the impacts that each person can make and therefore must have access to accurate information about their local watersheds. Access to, and understanding, this information enables more citizens to voice their concerns of the environmental issues they face in their community. Protecting water quality involves an ongoing commitment from all members of our communities. Each one of us has many roles in which we affect water quality and many opportunities each day to make choices involving the water quality of Scott County. Public involvement and education are essential components of a long-term management strategy for Scott County. Education and involvement allows the community to understand the impacts they may have on the soil, surface water, groundwater, and overall ecology of the watershed in which they live. Education and public involvement in the issues that face us today can facilitate learning how to alter our behaviors and make better choices for our water resources in the future. Scott County Water Resources Plan – Amendment 1 The County is October 2007 Assessment of Issues Section 3, Page 89 committed to continuing the current education programs that are in place, as well as developing new programs as needed. XIV. Summary This Water Plan’s primary focus is to prevent degradation and improve the quality of Scott County’s water resources, and the County as a whole. If its policies are not enforced, serious consequences in the quality and quantity water resources will result. This Plan establishes water management approaches that address: Water Quantity Comprehensive Land Use Planning Water Quality Development Pressures Erosion Control Natural Resource Inventories and Wetland Protection Groundwater Management Public Ditch Systems Recreation Enhancement of Public Participation; Fish and Wildlife Resources Corridor/Greenways Studies and Acquisition Information and Education Through this assessment of issues the following goals and priority areas were identified: • Stormwater Management • Wetland Management • Surface Water Quality • Groundwater Management • Agricultural Management • Flood Management • Urban Development • Education These goals are addressed in detail in Section 4 of this Plan. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 87 SECTION 4 Goals and Policies I. Introduction The goals and policies in this Plan were developed to address the following water management categories as required by MN Rules, Chapter 8410.0080. • • • • • • • • • Water quantity Water quality Recreation and fish and wildlife Enhancement of public participation; information and education Public ditch systems Groundwater Wetlands Erosion Intergovernmental programs The purpose of this section is to identify the goals of the Water Resources Plan that will provide for the protection, enhancement, and management of water resources throughout the unincorporated areas of the County. The goals and policies in this Plan represent, in part, the goals and policies of the WMO that were established based on the recommendations of the initial Citizens Advisory Committee and discussions with BWSR staff and local units of government. Amendment 1, in particular Appendix C, amends the plan to be in conformance with the Vermillion River Watershed Joint Power Organization (VRWJPO) Watershed Plan. While the above list of categories is taken from Minnesota Rules Chapter 8410, this Plan recognizes specific water management issues identified through the planning process as outlined in Section 3 of this document. In Section 4, the specific water management issues are grouped into eight major priority areas to provide implementation objectives for the Water Plan. The County’s current Comprehensive Plan also outlines goals and policies that fall within the eight priority categories within this Plan, and they are incorporated as appropriate. It should be noted that the eight areas listed below are inherently interconnected in terms of management and therefore the goal (and associated policies and objectives) listed under each issue area often applies to, or is complementary to, other issue areas. An overlying theme within the goals is that Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 88 it is often less costly to be pro-active with protection and management initially than to have to pay for property and/or environmental damage and cleanup in the long run. This section describes the specific implementation goals, policies, and objectives for eight major areas, which encompass the water management categories listed below: • • • • • • • • Stormwater Management Wetland Management Surface Water Quality Groundwater Management Agricultural Uses Flooding Urban Development Education Appendix B lists the Scott County proposed workplan for each goal area including timelines and priorities. II. Plan Development In February 2004, the Scott WMO Board adopted the WMO’s Comprehensive Water Resource Plan. The Plan required all local units of government with land use authority to prepare a Local Water Plan, consistent with the goals, policies, and objectives of the WMO’s Plan, within two years from the date of the WMO’s Plan adoption. Section 4 describes the implementation goals, policies and objectives to guide Scott County with water resource management and provide a framework or basis for updating the current ordinances. III. Stormwater Management Goal To manage the quantity and to improve the quality of runoff entering rivers, streams, lakes, wetlands, and groundwater within the unincorporated areas of Scott County. Reason: Large or increased quantities of stormwater over presettlement conditions leads to larger volumes of water and higher flow velocities, which in turn provide the erosive power to damage stream channels and ultimately render them unstable. These issues are transferred downstream as additional water and scouring power is added along a watercourse. Many times the streams or rivers outlet into lakes, wetlands or Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 89 other watercourses (receiving waters) and the material being transported is deposited in areas where lower velocities decrease the water’s sediment carrying capacity. This leads to issues associated with sedimentation in downstream areas, which can, among other things, decrease floodplain storage, damage water resources, and destroy habitat. Loss of topsoil due to erosion also renders soil less fertile and makes it harder to establish vegetation on disturbed areas. Aside from the physical issues described above, there are economic implications due to increased volumes and flow of stormwater. Unstable stream channels over time have the ability to depress land values, damage property, endanger high value structures and render prime building locations unbuildable directly impacting the health, safety, and welfare of the County. In addition, unstable channels undermine bridges, clog culverts, and can otherwise damage infrastructure requiring costly repairs and ensuing legal problems for both public agencies and private individuals. With an increase in water quantity, there is usually a corresponding decrease in water quality. Water quality is an important amenity in the County – both in terms of surface water and groundwater. Stormwater can carry a variety of pollutants, which can affect downstream areas as well as groundwater through infiltration. Policies 1. Each development or land disturbing activity shall be responsible for managing its stormwater effectively, either on or off-site; the preference being on-site management for most non-transportation related projects. Regional off-site management shall be encouraged for linear improvements and/or previously developed areas where on-site management is not feasible/practical. 2. Scott County will promote and encourage a reduction in runoff rates, encourage infiltration and promote increased groundwater recharge. 3. Stormwater will be managed to minimize erosion, with an emphasis on stabilizing flow rates and velocities and prioritizing critical areas based on the landscape setting and existing vegetation. 4. Promote development strategies, land use practices, and water management activities that decrease and desynchronize peak flows, lengthen the watershed time of concentration, and raise base flow levels. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 90 5. Promote development strategies to create and/or improve downstream conveyance systems. New systems shall be encouraged where such systems do not currently exist and are needed based on a detailed hydraulic analysis of the watershed and the demonstrated positive impact the system would have on the public health, safety, and welfare. Improvements to existing systems shall be encouraged where the existing system is inadequately sized, unstable, or could otherwise be modified to further other established goals and objectives of the water plan. 6. Promote strategies which allow for the orderly transition from privately maintained drainage systems to public drainage systems as development occurs. The desired end result being a public drainage system, contained within contiguous drainage & utility easements, that is permanent, maintainable, and adequate to service the long-term drainage needs of the County. 7. Use an overall philosophy of outcome based analysis and resource oriented management to recognize and avoid potential downstream impacts from stormwater due to development/redevelopment activities. Scott County and the local watershed authorities (Townships) shall be responsible for managing stormwater so as to maintain, stabilize, or improve downstream drainage ways. 8. Identify and utilize existing, natural retention and detention areas for stormwater management while maintaining or improving the existing water quality. 9. The construction of publicly owned, operated, and maintained regional stormwater ponds shall be encouraged, where feasible, to promote storage through the construction of an integrated regional retention area, as opposed to multiple smaller areas of on-site ponding, to reduce public long-term maintenance costs and maintain efficiency. This policy recognizes the difference between smaller on-site stormwater ponds that are routinely maintained by property owners, and larger regional basins that will likely require public monies for creation and routine maintenance. 10. The construction of stormwater infiltration areas shall be encouraged, where feasible and environmentally beneficial, to promote the infiltration of stormwater to recharge subsurface aquifers. 11. The construction of publicly owned, operated, and maintained regional stormwater management systems shall be funded, in part or entirety, by development user fees. 12. Improve the long-term and institutional management and coordination of the county judicial ditch system. 13. Educate key audiences, including developers, consultants, contractors, builders and local units of government, on stormwater best management practices and other appropriate methods, techniques or regulations to manage stormwater quantity and quality. 14. Runoff shall be routed to water treatment ponds or other acceptable facilities before discharging to waters of the state. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Objective 1. Section 4, Page 91 Establish, evaluate, refine, and implement stormwater management, erosion control and wetland protection rules and ordinances for developments and land disturbing activities, including compliance with NPDES Phase II. Scott County will continue to require Stormwater Management Plans (SWMP) to be submitted and approved for land disturbing/development activities. Specific requirements pertaining to Stormwater Management Plans will be included with revisions to the County’s Zoning Ordinance. In practice, SWMPs for each development will be reviewed by the Natural Resources Department based on a WMO approved LWP and updated Zoning Ordinance. The following text items constitute a set of minimum criteria that are or will be included in the County’s Zoning Ordinance: Rate and Volume Control – The unincorporated township areas within Scott County are required to meet presettlement conditions for rate control and a minimum volume control equivalent to the volume calculated by multiplying ½” times the area of new impervious surfaces. A different runoff volume control standard will be used in the Vermillion River watershed portions of the County in accordance with the Standards of the VRWJPO. This Standard requires no increase in the runoff volume with new development for the 2-year, 24-hour storm. Alternatives and waivers to this standard may be allowed and incorporated into county ordinances as provided for in the plans/standards of the respective Watershed Organizations. Additional volume control may be required to minimize downstream impacts. The County also anticipates completing an amendment to this Plan to establish numerical rate control Standards for the 100-year critical event at County boundaries. This amendment will be completed in 2008/2009 once the VRWJPO has completed its hydrologic modeling effort. Furthermore, Stormwater Management Plans will be reviewed by the County to ensure the following: Impact to significant natural features is minimized – Review the site for steep slopes (also see bluff setbacks under Objective 7), wetlands, wooded areas of significance, rare and endangered Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 92 species habitat, areas designated by the County Biological Survey, areas covered by natural resources inventories, or Local/County/Regional parks, trails and open space. These areas should not be developed without serious consideration by all stakeholders. Impacts to receiving waters are minimized; TMDLs and NPDES Phase II requirements considered – This Water Plan takes a proactive approach in assessing impacts to receiving waters, which provides coordination with efforts in the TMDL and NPDES Phase II programs. A final listing of impaired waters for the County was published in January 2003, updated in 2004, and will again be updated for 2006. With that listing the County will need to take part in studies to set TMDLs on its listed water bodies. In addition, the listing of communities required to provide NPDES Phase II permit applications and Stormwater Pollution Prevention Plans was finalized in December 2002, and mandatory MS4 areas were required to file Notice of Intent with the MPCA by March 10, 2003. The NPDES Phase II program requires several programs be put in place, including education. The County intends to coordinate educational programs and provide technical and educational assistance where needed. Runoff from impervious area is minimized – Minimize the amount of impervious land from each new development by considering the following low impact development options for applicable projects: • • • • • • • • • Decreasing local street width where feasible Limiting paved parking lot space Smaller driveways Maximize open space while incorporating smaller lot sizes Bio-retention – use landscaping and soils to treat and infiltrate stormwater runoff Eliminate curb and gutter where practicable Filter strips – Look for vegetated areas that can filter sheet flow, removing sediment and other pollutants, and increasing the time of concentration Disconnect impervious areas by allowing runoff from small impervious areas to be directed to pervious areas where it can be infiltrated or filtered, such as rain gardens Increase buffers around streams, steep slopes, and wetlands to protect from flood damage and provide additional water quality treatment Volume reduction techniques – Reduction of stormwater volume can be advantageous for several reasons, but the two major reasons are to decrease the amount of surface runoff entering conveyance systems (thereby increasing recharge of groundwater) and to provide areas where Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 93 water can cycle through the soil profile to help remove pollutants prior to entering the groundwater. Properly designed volume reduction strategies can help restore the water balance that existed prior to development, providing groundwater recharge, control of peak flows from stormwater and protection of stream banks from erosion due to high flows. There are a number of techniques used to reduce stormwater volumes that make use of infiltration to remove pollutants and to recharge or replenish the groundwater. Infiltration techniques include, but are not limited to, infiltration basins, infiltration trenches, changes in vegetative cover, and dry wells. Infiltration capacity and rate at the land surface and shallow subsurface depend on the soil characteristics, geology and the surface drainage characteristics among other things. The soil physical, chemical and biological characteristics, as well as landscape position will influence how surface and groundwater interact. A substantial advantage of infiltration is that in areas with a high percentage of impervious surfaces, infiltration is one of the few means to provide significant groundwater recharge. Volume reduction through infiltration of water can facilitate the removal of pollutants through adsorption onto soil particles, and biological and chemical conversion within the soil profile. Infiltration is recommended in areas where the soil properties are conducive to the appropriate infiltration capacities, infiltration rates, and saturated hydraulic conductivity. In addition, surface conditions, soil profile depth and layering, and a texture conducive to adsorption of pollutants shall be considered. Although not as easy to achieve on sites with clayey soils, volume reduction techniques are still required for all development sites. Unlike areas that are conducive to infiltration, poor sites should not rely on infiltration techniques to account for all volume reduction or rate control. Development on poorly conducive soils should incorporate best management practices to maximize the volume reduction to the extent possible. Sufficient water retention/detention ponds – Water retention/detention ponds shall be designed for specific purposes and functions as part of an overall stormwater management system by a licensed professional. The nomenclature identifying the specific purpose and functions of ponds shall be recognized by Scott County in accordance with the following definitions: Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 94 Stormwater Detention Pond – A natural or created ponding area that provides temporary storage of excess stormwater for the purpose of attenuating the peak rate of runoff by controlling the rate of pond discharge. Ponding areas that drain completely between storm events are dry detention ponds. Ponding areas that provide temporary storage in combination with a permanent wet pool are wet detention ponds. Stormwater Retention Pond – A natural or created ponding area which provides permanent storage of excess stormwater for the purpose of attenuating the peak volume of runoff, from which the only release of flow is by infiltration or evaporation. Stormwater Quality Pond - A created ponding area per W.W. Walker (1987) criteria, which provides a permanent pool for the purpose of sediment and pollutant removal to reduce water quality impacts of urban development. Infiltration Area – A stormwater retention method for the purpose of reducing the volume of stormwater runoff by transmitting a flow of water into the ground through the earth’s surface. Additional design criteria for wet detention ponds – the following design criteria shall be used in addition to standards set forth in “Design Criteria for Wet Detention Ponds” (Walker, 1987): a) A minimum protective shelf extending ten feet into the permanent pool with a slope of 10:1 beyond which slopes would not exceed 4:1. b) A protective buffer strip of permanent vegetation surrounding the permanent pool at a minimum width of 25 feet. Stormwater conveyance – At a minimum, the stormwater conveyance system shall be designed for a 10-yr-24-hour storm event. It is important to ensure that the structure maintains existing discharge rates and treatment. Reductions or increases in the capacity of stormwater conveyance systems may be determined to be appropriate based on a comprehensive analysis of specific watersheds and existing conditions. For example, a stormwater conveyance system reduction may be warranted where a narrow bridge span restricts flows significantly lower than a 10-yr-24- Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 95 hour storm event. Reductions in stormwater conveyance capacity shall require approval of Scott County as part of a SWMP. Creek/stream conditions are considered – When reviewing plans that involve a direct discharge to a creek or stream, the design engineer shall determine the bankfull stage and the corresponding flows for that stage as part of the downstream evaluation. Bankfull discharge is associated with a momentary maximum flow that, on the average, has a recurrence interval of 1.5 years. If this recurrence interval increases, the stream dimension, pattern, and bed features will be altered. Erosion and sedimentation will increase and the meander pattern will be altered. To protect stream channels from erosion, the runoff shall be stored and released in such a gradual manner that the critical erosive velocities will seldom be exceeded in downstream channels. Shoreland Ordinances are followed – All developments and land disturbances within a designated Shoreland District shall meet the requirements of Chapter 70: SL, Shoreland District from the Scott County Zoning Ordinance, as amended. Objective 2. Establish stormwater management system maintenance standards. Design All stormwater conveyance systems shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines should be consistent with Protecting Water Quality in Urban Areas (MPCA, 2000), as amended. As property develops, public drainage and utility easements shall be provided by the property owner for public stormwater management systems for access, facility inspections and maintenance. Easements shall be recorded and dedicated to the township prior to the approval of a final plat or issuance of a building permit. Final design shall be approved by Scott County and the respective Township. As-built plans shall be submitted to the County and Township upon project completion. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 96 Routine and Non-routine Maintenance All stormwater Best Management Practices (BMPs) shall be maintained according to the measures outlined in the most recent version of Protecting Water Quality in Urban Areas (MPCA, 2000), and as detailed in the SWMP. Non-routine maintenance includes maintenance activities that are not included in the SWMP, such as pond dredging or major repairs to stormwater structures. The applicable township responsible for routine maintenance shall be designated in the SWMP. Inspections shall be conducted on a regular basis during construction by County and/or Township staff to ensure compliance with the SWMP. Maintenance agreements shall specify responsibilities for financing maintenance tasks. The township responsible for maintenance shall inspect permanent stormwater BMPs on a regular basis, not to exceed once every five years. As permitted by law, authorized representatives of Scott County may enter public and private properties to conduct on-site inspections. Representatives will work with individual property owners or agencies to access restricted areas where deemed appropriate by Scott County. Authorized representatives of the County will conduct random inspections as may be deemed appropriate to confirm the information in the filed reports. Objective 3. Encourage restoration on damaged/susceptible banks/corridors for erosion control as development occurs. stream A sound approach to stream bank erosion is a combination of watershed management and site specific restoration along streambanks. The first priority is to effectively manage runoff from the watershed or subwatershed of concern by implementing the preceding procedures. The next step is to inventory sites within the watershed or subwatershed and develop cost-effective methods to repair and restore eroded streambanks. Bioengineering and traditional engineering are effective techniques that protect streambanks from erosion. Bioengineering uses natural means to stabilize the banks through planting trees and structural correction by making the stream or river meander more to reduce flow velocity. Traditional techniques include armoring Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 97 the banks. This technique should only be used in small areas because of the high cost and the issue of passing problems to downstream areas. Objective 4. Develop stormwater management plans that identify capital and operational costs for and methods to assess appropriate costs to new development for stormwater management. Develop Fee Schedule – Scott County is facing increasing growth pressures. Managing stormwater from development/redevelopment projects is a major undertaking for the County which requires significant resources and management. Stormwater management plans for development projects require on-site and off-site improvements. In concert with the WMO for regional needs, the County will research the opportunity to define long range capital and operational costs and require developers to pay their fair share. Adequate security for construction of improvements and installation and maintenance of erosion control measures should be posted by developers to ensure the integrity of the stormwater management system for development projects. Enforcement – Land disturbing activities will be inspected regularly by County and Township staff to ensure compliance with stormwater and erosion and sediment control plans as stipulated in the 3-party Developer Agreements signed by the Developer, the County, and the Township. If the plans are not followed or if it is not maintained throughout the required duration of the project, the posted surety will be used to repair any damages caused by non-compliance if, after notice by the County or Township, the damage is not repaired by the responsible party. The County and Township have equal enforcement authority through the Developer Agreement. Objective 5. Develop a regional stormwater strategy using hydrologic/hydraulic modeling. The County will work with the WMO and other watersheds in the County to prepare models and design a regional stormwater management plan. The Plan will help identify the best areas for water attenuation and/or water treatment to discourage multiple ponds from occurring with every development, reduce maintenance, and enhance overall storage capacity for the watershed. Modeling will also assist in establishing fee schedules for specific watersheds based on the identified costs/need for improvement and/or maintenance. Cost sharing across jurisdictions will Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 98 be pursued to repair and/or maintain overland flow channels and streams in a safe and stable condition. Objective 6. Mitigate and reduce the impact of localized flooding when feasible. The County will encourage developers to mitigate and reduce the impacts of localized flooding as part of the design and review of SWMP. The County will also work with the WMO to identify potential areas for regional ponds. Objective 7. Mitigate and reduce the impact of stormwater discharge on downstream conveyance systems. As part of the review of individual SWMPs, the County will review each proposal relative to the downstream carrying capacity and condition. Based on a combination of factors including poor past development practices, changes in land use, and environmental conditions, certain downstream conveyance systems are not able to accommodate the rate and volumes of water they are currently accepting. This inadequacy has resulted in erosion, impacts on wildlife habitat, property damage, and significant development restrictions. The objective of the County is to require the improvement of downstream conveyance systems with the development of property contributing to the conveyance system. The amount of improvement to the downstream conveyance system will be commensurate with the existing condition of the system. A developer may make an in-kind or monetary contribution to improve downstream conveyance systems, in lieu of physical improvements where determined appropriate by the County. Contributions may be made in this regard only where the inadequate downstream conveyance capacity and condition will not be further reduced/impacted, and where a designed system with a construction estimate exists. The intent being that the County or a township may collect and assemble funds to implement projects that are beyond the scope of a specific proposal. As discussed in Section 3 of this document, landlocked basins also present a management issue for the County, both in terms of flood levels associated with the basins and with respect to downstream impacts should the basin be provided with an outlet. With these issues in mind, the County will require the following for landlocked basins: Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 99 Evaluation of flood levels – an evaluation of flood levels for landlocked basins shall be completed to determine their capacity to accommodate increased runoff without negatively affecting public health, safety, and welfare. Allowance of Outlets – In those areas planned as “Urban Expansion” or “Urban Transition” (as provided in the County’s most recently adopted Comprehensive Plan Update) the County will allow outlets for landlocked basins, provided that the following criteria are met. • There is a demonstrated need for an outlet to protect existing structures and infrastructure, • Flood storage is retained in the basin to the extent possible while preventing damage to property adjacent to the basin, • Proposed development tributary to the land-locked basin has incorporated runoff volume control practices to the extent practical. • All downstream conveyance channels can accommodate the runoff added by the outlet. Outlets Discouraged – In other areas of the County, outlets from landlocked basins will be discouraged in favor of non-structural approaches to flood protection. Such approaches could include mapping and preservation of natural floodplain areas, removal of flood-prone structures, and encouragement of the use of flood insurance. The erosion of and instability of bluff areas are of concern within the unincorporated areas of the County and as such will have requirements to facilitate management of these areas. A bluff is defined as a topographic feature such as a hill, cliff, or embankment in which the average grade of any portion of the slope is 30 percent or greater and there is at least a 25-foot rise in elevation. The top of the bluff is defined as the point on the upper part of a bluff where there is a clear break in grade or where the average slope levels off to 18 percent or less. All land disturbing activities in bluff areas must comply with the bluff standards identified in the County’s Zoning Ordinance. The minimum standards shall include a bluff impact zone of 25 feet from the top of the bluff in which the clear-cutting of existing natural vegetation other land disturbing activities shall be prohibited. In addition setbacks for all bluffs are established that pertain to all structures, stormwater ponds, infiltration systems, soil saturation-type features, and Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 100 ISTS. The minimum setbacks shall be 50 feet for stormwater ponds, infiltration systems, soil saturation-type features and ISTS systems. For structures, the minimum setback shall be 30 feet; and requires that no stormwater is directed over bluff face and stormwater runoff, including roof drainage, is collected and conveyed to a stable discharge point. The bluff impact zone, runoff management, and setbacks will help facilitate stability of the bluff areas within the County, thereby reducing erosion/sedimentation and reduce future costs to provide clean up of areas, culverts, and bridges where deposition takes place. IV. Wetland Management Goal To protect and enhance wetland ecosystems by managing contributing watersheds, and to ensure/encourage a measurable net gain of wetland functions and acreage throughout the County. Reason: Protection of wetland resources is required by federal and state policies, which are supported by regulations. Wetlands provide a variety of functions and values, which are important to the overall character and function of the watersheds that they are a part of. Functions are physical, chemical and biological processes that take place within a wetland system. Values are the social, economic, or ecological benefits that wetland systems provide to the general population. Functions and values for wetland resources within the WMO should be identified prior to changes within the landscape in order to preserve, manage and maintain these features to the greatest extent possible. Examples of functions include water storage, flood desynchronization, nutrient retention and transformation, wildlife and aquatic habitat, groundwater recharge and discharge areas, and influence on atmospheric processes. The types and numbers of functions that a wetland performs are based on many factors, and not all wetlands perform all functions nor do they perform functions equally well. Examples of wetland values include passive and active activities such as aesthetics, education, archaeological study, hunting, and bird watching. Values are not easily Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 101 measured because what is valuable and important to one person may not be valuable and important to their neighbor. Policies 1. Achieve no net loss of wetlands in the unincorporated areas of Scott County, in conformance with the Minnesota Wetland Conservation Act (WCA) and associated rules (Minnesota Rules 8420). 2. Encourage wetland avoidance for all new developments and land disturbing activities. 3. Require mitigation of unavoidable wetland disturbance by replacing the lost wetland functions and values in the same major subwatershed with a wetland of equal or greater value at the replacement ratio defined in the Comprehensive Wetland Management Plan (to be developed). In the interim, replacement ratios shall be dictated by the WCA. 4. Require transportation projects to pursue wetland mitigation projects to the extent possible along the transportation corridor. Where this is not feasible, the transportation project manager should work with adjacent landowners, LGUs, SWCD, County, state, or federal agencies to identify and provide mitigation areas as close to the project area as possible (Thus does not preclude use of the BWSR Road Replacement Program). 5. Identify areas within the County that are conducive to wetland restoration. Work with landowners, SWCD, and appropriate agencies to accomplish wetland restoration within the identified areas. 6. Require all identified wetland habitat impacts to be mitigated through wetland enhancement, restoration, or creation. 7. Manage changes in volume and quality of local stormwater systems to minimize negative impacts to existing wetland functions, value, or biological diversity. This includes a proactive approach to erosion control enforcement around affected wetland areas, mitigation, restoration, or creation. 8. Identify and preserve wetlands for water retention, recharge, soil conservation, wildlife habitat, aesthetics, and natural enhancement of water quality. 9. Require a buffer, to include a filter strip, around each wetland commensurate with its management classification. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 102 10. Increase participation of property owners, developers and contractors in wetlands and wildlife land management assistance programs, and decrease violations of wetland regulations through better education programs. Objective 1. Develop and implement a Comprehensive Wetland Management Plan, to include a wetland protection program. The Scott SWCD has completed a Level III wetland inventory of the County. A Level III inventory includes the mapping (location), numbering and data collection of drained, altered and existing wetlands in the County. A Level III inventory differs from a Level I or II inventory in that it adds the mapping, numbering and data collection of existing wetlands. The Wetland Inventory Guidebook (BWSR, 1991) contains further detail. An evaluation of all wetlands identified in the inventory is an important element in the development and implementation of a comprehensive wetland management program. The County will work with the WMO and the Townships in developing the comprehensive wetland management plan. The County will work to identify and implement an evaluation method that includes prioritization, protection, mitigation and/or compensation. Data will be provided via the County’s GIS and will be available to the public. It is estimated that originally there may have been 60,000 acres of wetlands in Scott County (26 percent of Scott County land). Drainage and filling has eliminated over 50 percent of this acreage. Current figures indicate approximately 25,000 acres of wetlands remain. The goal of a comprehensive wetlands protection program should be to ensure that in the short term there is no net loss of wetland function and acreage. Whereas, in the long term there is a measurable gain of wetland function and acreage. WCA provides for the development of comprehensive wetland management plans to compliment the Water Plan. The Comprehensive Wetland Management Plan would include the following items: • Comprehensive land-use planning should have wetland protection integrated into its development. Special measures will be outlined to protect wetlands, including identification of prime wetland sites, providing policy protection, allocating funding for special projects, and designing compatible infrastructure. Protection and management for upland buffers and natural Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 103 corridors between wetlands should be included in these measures. Wetland protection will be coordinated with adjacent LGUs. • Preservation programs will address the protection of significant wetlands and their protective buffer areas. These programs should be consistent with, and to the extent possible, be incorporated into the County’s comprehensive plans. Innovative techniques to conserve and protect these areas will be promoted such as: 1. Private Stewardship: Landowners will be encouraged to protect wetlands by guarding against activities that may degrade wetland functions and values. Private landowners will be made aware of federal and state economic incentives to encourage and assist with stewardship. This will reduce the financial burden that may be associated with the ownership of undevelopable land, and help to ensure the continuation of public benefits for wetlands. Economic incentives may include reduced property taxes for wetland areas, density credits, and transfer of development rights. 2. Land trusts: A land trust is a non-profit organization whose purpose is to preserve open space within a specific geographic area. Local governments will work with private land trusts to promote wetland preservation. 3. Public acquisition: Once the identification and classification inventory is complete, wetlands can be acquired in whole or in part, as the availability of funds allows. • Restoration actions will be incorporated into comprehensive, wetland protection efforts to facilitate achievement of an overall gain of wetlands in the County. Restoration, although often considered a part of regulatory mitigation efforts, fills an equally critical, non-regulatory role. Wetland restoration involves reestablishing a wetland’s functional characteristics and processes that have been lost. Native vegetation, as recommended in Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997), should be used in all restoration projects, and provisions made for control of invasive and exotic species. • Regulation will be included to regulate development and mitigate its effects on wetlands. The regulatory program will be designed to be as restrictive as the requirements of WCA at a minimum. The basic elements of the regulatory plan will include: 1. A “no net loss” goal; Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies 2. 3. 4. 5. 6. 7. 8. 9. Section 4, Page 104 A clear definition of “regulated wetlands;” An established method of delineating wetlands; A method of qualitatively categorizing wetlands; An established methodology to evaluate functions and values; A definition of “regulated activities;” Wetland buffer zones; Standards for use and protection of wetlands; and Enforcement. Wetlands are regulated by a number of agencies. Depending on the type of wetland, the intended use will dictate which agencies will need to be contacted and the permits that have to be obtained. The MnDNR, COE, NRCS, and the various local units of government (townships in Scott County) are the regulatory authorities that an individual must notify if wetland impacts are proposed. A Local-State-Federal Project Notification Form has been developed for use by individuals proposing wetland impacts. This form is used to notify the MnDNR, USCOE, and the township offices of a project or work proposed that falls within their jurisdiction. • Education programs will be encouraged, coordinated with other education programs and can take on many forms. A volunteer program can be used for various activities such as distributing educational materials, conducting wetland field trips or monitoring the health of wetlands. Educational materials should be designed to provide information on the functions and values of wetlands, the importance of wetlands preservation, methods for landowners to protect and preserve wetlands, and a basic overview of the local regulations regarding wetlands. Wetland education should also be provided in the local school systems with activities available to different age groups for “hands-on” learning. • Program evaluation should be developed as a means of determining the success of wetland protection programs. The program evaluation may involve inspection and reporting requirements to monitor the success of mitigation projects; a permit tracking system; measurement of acreage and functions of wetlands lost, and those enhanced, restored and created; a method of calculating (in quantitative and qualitative terms) the wetland resources preserved; and a means of evaluating educational efforts in raising the community’s awareness with respect to wetland values. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Objective 2. Section 4, Page 105 Establish wetland buffer requirements for structures, land disturbing activities, and adjacent uses in new developments based on wetland function levels. A buffer is a transitional area between two different land uses that mitigates the effect of one land use on the other. A wetland buffer zone is an area that surrounds and protects a wetland from adverse effects of activities on adjacent lands. Secondary benefits of buffers include creating open space between the resources and adjacent uses, helping to maintain or improve wildlife habitat values and wetland hydrology, protecting the aesthetic value of the site and minimizing property damage from floods. A buffer zone should be of adequate width to provide the following functions: • • • • Stabilize soil and prevent erosion; Filter suspended solids, nutrients, and harmful or toxic substances; Moderate effects of stormwater runoff (including volume reduction); and Support and protect plant and animal species and their habitats. Determining Width of Buffer – All wetlands and public waters wetlands in the unincorporated areas of Scott County are subject to buffers as shown in Table 4.1. A functions and values analysis will be required with all wetland delineations submitted to the County. The delineator will use the most recent version on MnRAM. The Applicant is responsible for completing and submitting the delineation and MnRAM assessment. Applicants must meet the minimum buffer requirements outlined in Table 4.1 based on the MnRAM assessment. The County will review the MnRAM assessment to determine that the applicant is providing the correct buffer widths. Buffers shall be measured from the delineated wetland edge. Average buffer widths vary from 25 to 65 feet depending on the type of wetland the buffer surrounds. The minimum buffer width is 25 feet which is also a no impact zone. There is also a building setback of 35 feet from the delineated wetland edge with the exception of stormwater ponds for which the setback is 25 feet from the 100 year high water level. There will be some minor exemptions for transportation projects, on a case by case basis. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 106 TABLE 4.1: Buffer Standards Buffer Requirement Average Buffer Width Minimum Buffer Width Exceptional High Moderate Low Stormwater 65 50 35 25 0 25 25 25 25 0 Wetland Ratings “Exceptional” Wetland – Wetlands assigned the exceptional rating using the most recent version of MnRAM for evaluating wetland functions. These wetlands are most highly susceptible to human impacts, are most unique, have the highest community resource significance such as rare species habitats, and similar characteristics. “High” Wetland – Wetlands assigned the high rating using the most recent version of MnRAM for evaluating wetland functions. These wetlands are relatively undisturbed but exhibit evidence of more disturbance or degradation than Exceptional wetlands. High wetlands have conditions and functions that are susceptible to human impacts, are connected to other wetlands or waterways, and may contain locally significant or rare wetland types. “Moderate” Wetland – Wetlands assigned a moderate rating using the most recent version of MnRAM for evaluating wetland functions. These wetlands typically provide a diversity of habitats, and are connected to other wetland or upland habitats to provide wildlife habitat. “Low” Wetland – Wetlands assigned a low rating using the most recent version of MnRAM for evaluating wetland functions. These wetlands tend to be less susceptible to further impacts than the other wetland management classifications. They also have low diversity and connectivity to other wetlands and waterways. Stormwater Ponds – Are designated strictly for treating and retaining stormwater. More specific buffer requirements may take effect after the establishment of a wetland ordinance, which will be specified in the proposed wetland management plan. The above standards will serve as interim requirements for newly platted or replatted areas until new requirements are established by the comprehensive wetland management plan. A functions and values analysis will be completed with each wetland delineated for a project. The delineator will use the most recent version on MnRAM. Signing Buffer Perimeters – The County shall require signs to clearly designate the boundaries of all buffers within new residential developments in the unincorporated areas of the County. Signs Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 107 should include warnings about fines for disturbing and/or developing buffers. Signs should be placed approximately 200 feet apart, and the signs should be a minimum of 5 inches wide by 7 inches vertical, have a brown field with white lettering, and be securely mounted on a minimum 4 foot signpost. The developer will pay for these signs. V. Surface Water Quality Goal To preserve and enhance surface water quality in Scott County’s water bodies and watersheds, commensurate with the eco-region and desired uses. Reason: Protection of surface water quality is addressed by federal and state policies, which are supported by regulations. Surface water is an important resource in the County. Failure to address water quality issues can lead to impairment of water resources and can affect recreational uses, aquatic habitat, wildlife, groundwater quality, and other water use activities. The Minnesota Pollution Control Agency published a proposed list of impaired waters for listing under the Clean Water Act Section 303(d) in late 2001. This proposed list was submitted to the Environmental Protection Agency in October 2002 and finalized in January 2003. The list was updated in 2004 and will again be updated for 2006. This requires that Total Maximum Daily Loads (TMDLs) be set for these waters within a specific time-frame (usually five to ten years). Several water bodies located completely or partially within Scott County are on the list: Streams/Rivers • Credit River, headwaters to the Minnesota River Listed for turbidity • Sand Creek, Porter Creek to the Minnesota River Listed for turbidity and Fish IBI Lakes • Fish, McMahon, Cedar, O’Dowd, and Thole (Schneider) are all listed for excess nutrients. • Cleary, Cedar, Fish, and O’Dowd are all listed for mercury. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 108 In addition, the Minnesota River runs along the entire western and northern boundaries of Scott County and has several listings, which due to the County’s adjacent land, are of note: • Minnesota River, Bevens Creek to Sand Creek Listed for mercury, PCB, and turbidity • Minnesota River, Sand Creek to Carver Creek Listed for mercury and PCB • Vermillion River, Head waters in Scott County to Hastings Listed as impaired for aquatic recreation due to excessive fecal coliform bacteria Policies 1. Expand existing water quality monitoring networks. 2. Improve the quality of surface water monitoring programs and involvement, as well as the information derived from monitoring data. 3. Target high priority water bodies for water quality projects; this includes working with those waters listed as “impaired” by the MPCA for listing under Section 303(d) of the Clean Water Act. 4. Secure stable funding to augment water quality projects and local programs. 5. Obtain usable, transferable data for road salt management, and provide projects and workshops for Public Works personnel to improve proper storage practices and use salt-tolerant species in County ditches (less sand and proper salt management will minimize environmental impacts). Objective 1. Support the WMO’s objective to develop and implement water quality monitoring and diagnostic programs to preserve, protect, and improve the water quality of the County’s surface waters. This will identify water body conditions, monitor the effects of runoff management efforts, and determine the need for changes in the Water Resources Plan. Metropolitan Council Environmental Services (MCES) staff and its CAMP monitor Metropolitan area lakes to provide a comprehensive database which allows cities, counties and watershed Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 109 management organizations to better manage area lakes. The success of the MCES CAMP program over the past several years should encourage shoreland owners to become more active citizens in monitoring the health of lakes in the County. A similar MPCA program for streams, the CSMP network “combines the knowledge and commitment of interested citizens with the technical expertise and resources of the… MPCA.” More information on CSMP can be found at the program’s web site: http://www.pca.state.mn.us/water/csmp.html. Recommendations for lake monitoring parameters are, but should not be limited to, phosphorus, chlorophyll-a, and Secchi disk readings. The recommended stream monitoring parameters include, but are not limited to, nitrates, fecal coliform, sediment, and flow/loading. These are minimum parameters that will allow Scott County to gain an understanding as to how the monitored lakes and streams respond to different environmental factors. The data that is collected during monitoring will also guide Scott County and the Scott WMO in recommending the necessary water quality improvement measures when and where necessary. Objective 2. Support the WMO’s objective to analyze monitored data, identify trends, and recognize surface water quality problem areas. Many of the County lakes, streams, and rivers have little or no water quality data. This presents a challenge when attempting to set reasonable and attainable goals. Establishing a baseline for water quality and quantity using sound science, consistent measuring practices and units, and a network of sampling sites is an ongoing objective. This data will be used to set specific water quality goals, monitor pre- and post-construction runoff, measure the effectiveness of agricultural and residential BMPs as well as gauge educational and enforcement efforts throughout the County. Please refer to the lake water quality reports contained in Appendix E, Lake Water Quality Report, of the Scott WMO Comprehensive Water Resources Plan (May 2004) for lakes in Scott County. The objectives are to: • • • • • Provide water quality data in a readily available (easily accessible) format for staff, board members, citizens, and watershed managers; Analyze data and identify problem areas; Establish baselines and set priorities for future monitoring sites; Set short and long term goals for the watershed plan; and Provide a framework for water quality data collection, which can be updated on a yearly basis, or as data becomes available. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Objective 3. Section 4, Page 110 Support the WMO’s objective to establish implementation programs through the establishment of water quality goals and the evaluation of the effectiveness of management activities on the affected water bodies. Proactively work with the MPCA to address Total Maximum Daily Load issues with listed (303d) waters. The goals will be commensurate with the desired lake uses. Evaluation criteria will be used such as total phosphorus, chlorophyll-α concentrations, and water transparency. This will include a determination of both desirable water quality and permissible phosphorous load for each water body. The federal Clean Water Act requires states to adopt water quality standards to protect the nation’s waters. These standards define how much of a pollutant can be in a surface and/or groundwater while still allowing it to meet its designated uses, such as for drinking water, fishing, swimming, irrigation or industrial purposes. Among these pollutants are un-ionized ammonia, mercury, fecal coliform bacteria and particles that limit the depth to which sunlight can penetrate the water. A water body may also be considered impaired if its level of dissolved oxygen is too low or its temperature is too high. TMDLs are established to ensure that the water quality of the impaired water body will be brought up to water-quality standards and maintained at those standards. Rivers and streams may have several TMDLs, each one determining the limit for a different pollutant. Several water bodies in Scott County are on the impaired waters list as indicated at the beginning of this section. The MPCA is the lead agency in the State of Minnesota for establishing TMDLs. Scott County will work with the MPCA and the WMO to establish TMDLs. The County may be able to assist the MPCA through the use of historical data, monitoring records, and staff time. For each pollutant that causes a water body to fail to meet state water quality standards, the federal Clean Water Act requires the MPCA to conduct a TMDL study. A TMDL study identifies both point and nonpoint sources of each pollutant that fails to meet water quality standards. Water quality sampling and computer modeling determine how much each pollutant source must reduce its contribution to assure the water quality standard is met. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Objective 4. Section 4, Page 111 Minimize water quality impacts from new development and land disturbing activities by requiring the use of best management practices and by providing rules and ordinances to implement erosion/sedimentation control practices. BMPs are outlined in “Protecting Water Quality in Urban Areas” (MPCA, 2000), as amended. BMP requirements are incorporated in the Scott County Zoning Ordinance for erosion and sediment control. Dense vegetation slows water movement allowing for greater infiltration, and established vegetation improves the soil structure. Soil structure increases infiltration and enhances chemical degradation and nutrient utilization by biological and chemical processes. Therefore, the best plants for water quality purposes have dense surface growth, create a uniform ground cover, and have a fibrous root structure. Native prairie grasses are more effective than short mowed lawns, and cool season grasses provide additional filtration benefits because they have active growth during the spring runoff (University of Illinois-Extension, 1998). Native vegetation cover on as much property as possible provides the best filtration. The current Scott County zoning ordinance requires a 25-foot filter strip of permanent lowmaintenance, drought-tolerant, native vegetation around wetlands. This will be incorporated into the revised Ordinance and included as part of the buffer requirement. The MnDNR regulates shoreland use around lakes greater than 25 acres (10 acres in municipalities) and rivers with a drainage area of 2 square miles or more. On lakeshores, required building setbacks range from 50 to 150 feet, and for rivers the building setback is 50 to 150 feet. The shore impact zone is the area immediately adjacent to a lake or stream, and is classified as one-half of the building setback. For agricultural uses, the impact zone is 50 feet. Improper storage and handling of chemicals such as road salt degrades and contaminates surface and groundwater. To minimize contamination, storage locations of snow and salt should take into consideration proximity to surface water, including open ditches, drain tile lines, lakes, and streams. As development expands, monitoring of priority water bodies will be required to determine potential effects of snow and salt runoff and deposition. Monitoring of state regulations regarding road salt storage and use, as well as instituting BMPs for road salt storage Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 112 and use will be undertaken as part of this Plan and is also covered under the County’s NPDES Phase II MS4 Storm Water Pollution Prevention Program. Objective 5. Maintain active involvement with the NPDES Phase II program. Scott County and several townships within the County have established Storm Water Pollution Prevention Plans (SWPPP) under the NPDES Phase II MS4 Program. The NPDES Phase II permit requires that a number of elements be met in order to maintain compliance with the permit. Scott County will provide resources and work with those entities to ensure that the elements of the permit are met and are ongoing. VI. Groundwater Management Goal To protect groundwater quality and improve groundwater supplies through the effective implementation of this Plan and the Scott County Groundwater Protection Plan. Reason: Groundwater resources are protected by federal and state policies, which are supported by regulations. Scott County relies on groundwater for its domestic, municipal and industrial supplies. Scott County adopted a Groundwater Protection Plan in 1999. The Plan outlines existing and potential issues as well as opportunities for groundwater protection and management. The rapid increase in the population of Scott County is intensifying land development pressure, increased groundwater use, and additional potential for groundwater contamination through land use changes. Policies 1. Promote ongoing evaluation of land use impacts on groundwater quality and quantity. 2. Provide data to the general public regarding inventoried groundwater resources and incorporate information into the County’s GIS with updates as appropriate. 3. Support identification and reduction of groundwater contamination from both point and nonpoint sources. 4. Continue to support programs that promote efficient and effective administration of groundwater pollution regulations. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 113 5. Encourage data collection, development and consistent updating of a groundwater flow model and groundwater recharge model for Scott County. 6. Support enforcement of County ISTS and community septic system ordinances. 7. Support continued management of the County Feedlot Program. 8. Encourage an increase in well water testing by WMO residents to identify potential aquifer contamination. 9. Promote water conservation strategies to conserve groundwater resources and reduce percapita water use to conserve groundwater resources. 10. Provide education on wells, wellhead protection, groundwater/surface water interactions, and the County’s groundwater resources. Objective 1. Implement the strategies and objectives of the Scott County Groundwater Protection Plan. This Water Resources Plan incorporates and implements the policies and recommendations of the Scott County GWPP. This will assure County residents access to potable water by protecting existing and future groundwater resources. The GWPP identifies existing and potential issues as well as opportunities for groundwater protection. County staff and a local citizen group prepared the GWPP with assistance from local, state and federal agencies. The Plan was approved by the County Board on March 23, 1999. It contains groundwater data and issues relevant to Scott County residents, and it maps an implementation and update strategy to be followed in the years ahead. Objective 2. Provide education on the hydrologic cycle, groundwater and groundwater/surface water interactions. The average person has not had formal education pertaining to groundwater, hydrogeology, or hydrology. These aspects of the environment, therefore, tend to be poorly understood by the general public. As Scott County continues to increase in population, the demands on groundwater resources will also increase and issues and subsequent questions regarding groundwater quantity (supply) and groundwater quality will become more prevalent. Education programs will be developed to provide a scientific background about groundwater and how land use affects water resources. The intention will be to educate the public so that the issues are understood in a factual manner and then involve the public in the solutions. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies VII. Section 4, Page 114 Agricultural Management Goal To reduce non-point source pollution from agricultural activities. Reason: Agriculture, while not the only land use concern for non-point source pollution, is practiced on a fairly large portion of the land area in Scott County. Therefore, it is appropriate to look at this activity within its own goal and work with rural landowners to reduce non-point sources from agricultural lands. This includes conservation farm planning, implementing structural conservation practices, administering a county-wide feedlot program, using research and technology transfer to promote new farming techniques, and utilizing the technical and financial resources of other local, state and federal programs that encourage land stewardship. Policies 1. Update and maintain an inventory of active feedlots. 2. Provide technical and financial assistance to operators of feedlots causing pollution problems. 3. Offer demonstration projects using BMPs for feedlots and animal waste storage and utilization. 4. Monitor long-term application rates of livestock wastes on land owned by feedlot operators, as well as on land leased, rented, or volunteered for application. 5. Monitor surface and groundwater quality in feedlot areas up gradient from sensitive surface and groundwater recharge areas. 6. Compile and publicize research data showing how to reduce non-point pollution on agricultural land through implementing practices such as integrated pest management, conservation cropping systems, biotechnology, manure utilization, filter strips, conservation tillage, nutrient management, and structural erosion control methods. 7. Provide technical and financial assistance to operators of agricultural land causing non-point source pollution problems. 8. Encourage farmers to conduct field by field soil testing to implement optimum nutrient and pesticide application based on soil texture, organic matter, fertility levels, subsoil, and potential for leaching. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 115 9. Provide educational materials on agricultural BMPs that reduce non-point source pollution and maintain soil productivity and sustainable production levels. 10. Continue to participate in an annual crop residue (transect) survey to determine the level of conservation tillage applied on cropland acres. 11. Maintain contiguous agricultural areas to preserve existing agricultural drainage systems (private and public ditches). 12. Continue ongoing educational programs provided through the Scott SWCD, NRCS, University of Minnesota Extension Service and other agencies that publicize and promote land stewardship targeted at agricultural producers, rural land owners, contractors, county, city and township staff and fertilizer dealers and distributors. Objective 1. Reduce soil erosion (sheet and rill, wind erosion, gully and streambank erosion) on agricultural land to the recommended "T" value (the maximum rate of soil erosion that will maintain a high level of long-term crop production) or below. Scott County has 236,784 acres within its political boundary. There are approximately 800 farms in Scott County covering 115,000 acres. Of these farms, 100,000 acres are under till consisting of; Corn 40,000 acres, Soybeans 35,000 acres, Alfalfa 19,000 acres, Oats/Barley 3,000 acres, Wheat 2,000 acres and Vegetable Crops 1000 acres. Scott County supports efforts of the Scott WMO, Scott SWCD, NRCS, University of Minnesota Extension Service and other agencies to: • Target the application of conservation practices that will reduce soil erosion from greater than "T" to "T" or less on land in the high priority sub-watersheds tributary to Minnesota River. These include: Sand Creek, Credit River, Roberts Creek, Prior Lake/Spring Lake, and the numerous direct unnamed tributaries of the Minnesota River. • Contacts will be made to schedule conservation practice implementation on tracts of agricultural land where conservation compliance plans are required. Conservation practices will meet the requirements of state and federal programs such as: Core 4, River Friendly Farmer, Conservation Reserve Program (CRP), Permanent Wetland Preserve Program (PWP), Re-Invest in Minnesota (RIM), Conservation Reserve Enhancement Program (CREP) etc. The following practice standards will be incorporated into the plans: 1. All cropland will maintain 30 percent surface residue coverage after planting, as a rotation average. 2. Soil loss on highly erodible land is at or below the acceptable soil loss level. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 116 3. Fertilizer application rates are based on soil testing, manure testing, realistic yield goals, and credits from previous legume crops and manure applications. Manure handling equipment will be calibrated to insure uniform distribution of manure applied. 4. Statewide and applicable regional BMPs for nitrogen, as recommended by the University of Minnesota, are observed. 5. Phosphorus is banded below the surface or incorporated right after surface application. 6. All feedlots in use are permitted by the MPCA, or in the process of being permitted, with manure storage adequate for current needs. 7. Liquid manure is injected, or incorporated within 48 hours of surface application. 8. Within 300 feet of surface waters, drainage ditches, tile inlets, and other areas needing special protection, manure is applied in a manner that minimizes contamination according to MPCA guidelines. 9. Pesticides are used together with cultural pest-control practices, at no higher than labeled rates, observing guidelines for water quality protection. Pesticide containers are stored, handled, and disposed of in accordance with state and federal law. 10. The farm is in compliance with applicable water quality criteria. • Provide local, state and federal cost-share money to those landowners applying eligible high priority practices in the high priority sub-watersheds. • Utilize conservation deed tax money for planning and applying soil conservation practices to reduce erosion on agricultural land and enforcement of soil loss ordinances. • A comprehensive watershed planning effort will continue in sub-watersheds 3313900 and 3302900 of the Sand Creek watershed. Information gathered from this effort will be used to prioritize practices providing the greatest reduction in sediment and nutrient delivery to County's water resources. • Provide technical and administrative assistance to Minnesota Department of Agriculture for implementing the State Revolving Fund Loan Program. • Educate and inform landowners, schools, units of government, special interest groups and clubs on the various erosion control programs available to County residents. Objective 2. Protect, to the greatest extent possible, all surface and groundwater resources from agricultural soil erosion, sedimentation, nutrient and chemical contamination. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 117 Scott County supports efforts of the Scott WMO, Scott SWCD, NRCS, University of Minnesota Extension Service and other agencies to: • Assist the WMO with the implementation of the Comprehensive Water Resources Management Plan. • Assist with the administration of the delegated County Feedlot Program by providing technical, financial, and feedlot permit application assistance. Assistance provided includes: 1. Administer registration programs for feedlots; 2. Locate and register all animal feedlots and manure storage areas that are currently unregistered; 3. Distribute permit application and registration forms to owners required to make application for a permit; 4. Review permit applications and issue construction short-form and interim permits; 5. Inspect all animal feedlots and manure storage areas in accordance with the approved delegation agreement; 6. Review and process complaints; 7. Provide assistance to owners in completing permit applications; 8. Maintain a record of all correspondence and material relating to permit applications; 9. Submit an annual report to the MPCA by April 1 of each year; 10. Complete the required county feedlot pollution control officer training; and 11. Forward to the commissioner all permit applications, inspection reports and all other applicable documents. • In cooperation with the DNR Division of Waters, maintain a network of groundwater wells to be monitored for water level fluctuation in aquifers. • All DNR permit applications to appropriate water or work in protected wetlands, waters or watercourses will be reviewed for potential impacts to County resources. • Provide financial incentive payments to landowners for establishing grass filters along ditches, streams, wetlands, gully heads and around tile intakes. • Complete and maintain an inventory of all ditches and streams in the County. Objective 3. Preserve and protect agricultural wetland areas to improve water quality, prevent flooding and erosion from surface flows, protect fish and wildlife habitat and promote groundwater recharge. Scott County has 31 deep-water habitat (lakes) encompassing approximately 7,150 acres and over 4,500 shallow water habitat wetlands (Types I - VII) covering 27,000 acres. Originally there were over 60,000 acres of wetlands, but draining and filling activities have eliminated over 50 percent of this acreage. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 118 Scott County supports efforts of the Scott WMO, Scott SWCD, NRCS, University of Minnesota Extension Service and other agencies to: • Assist the 11 townships in the County with the implementation of the Wetland Conservation Act (WCA) of 1991. • Restore wetlands that were previously drained. • Inventory all wetlands and altered/drained wetland basins in Scott County. • Digitize the wetland inventory on the County GIS data base. • Coordinate a function and value assessment of the inventoried wetlands to be used in a comprehensive wetland management plan. Objective 4. Protect to the greatest possible extent existing wildlife habitat areas and promote the development of additional wildlife habitat on agricultural lands. Scott County has 10,976 acres of land in Federal parks, State parks and wildlife management areas. In addition there are 3,887 acres of regional parks, 2,908 acres in the Conservation Reserve Program, 920 acres in the Re-Invest in Minnesota program and 300 acres in the SWCD Filter Strip Program. Scott County supports efforts of the Scott WMO, Scott SWCD, NRCS, University of Minnesota Extension Service and other agencies to: • Assist the local Pheasants Forever Chapter with the establishment of wildlife habitat. • Work with the DNR - Forestry Division and FSA Office to make available technical and financial assistance for developing forest management or reforestation plans. • Make every effort possible to promote, administer and implement RIM, CRP, PWP & CREP easements on lands within the County according to state and federal guidelines. • Administer state sponsored conservation easement programs according to the expectation of the legislators, Board of Water and Soil Resources and general public. • Using USFWS grant funds, provide technical and financial assistance to Scott County landowners in establishing native prairie grass plantings. • Submit a grant application for cost-share assistance to establish Living Snow Fence easements along critical snow drifting locations identified by the Scott County Highway Department and Minnesota Department of Transportation. • Work with the Scott County Ag Inspector/Township Weed Inspectors to control or eradicate noxious weeds on lands within conservation easements. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 119 VIII. Flood Management Goal To protect human life, property, and surface water systems that could be damaged by flood events. Reason: Proper placement of homes and structures is required to avoid damage and loss due to flooding. This can be accomplished by understanding and managing runoff and stormwater quantities in the County as well as providing and enforcing ordinances that address these issues and prevent further incidents. Policies 1. Manage local floodplain areas to maintain critical 100-year flood storage volumes. 2. Ensure that on-site or downstream detention basins are designed adequately and prevent runoff from developed areas from negatively impacting new or existing detention basins. 3. Update floodplain zoning regulations to maintain consistency with the Scott WMO’s Comprehensive Water Resource Management Plan, and the Vermillion River Watershed Joint Powers Organization Watershed Plan.. 4. Require that new structures be constructed above the flood-prone areas to avoid causing an increase in the critical flood levels that could affect both the new construction and nearby structures. 5. Maintain discharge rates and flood storage volumes to minimize pond overflow and reduce erosion. 6. Maximize upstream storage. 7. Seek ways to increase infiltration by increasing vegetated areas and reducing impervious areas. 8. Maintain the proper function and performance of existing stormwater conveyance systems and storage facilities. 9. Remove accumulated sediment from storage facilities prior to reaching 50 percent of capacity. 10. Support enhanced data sources, including updated FEMA FIRM. Objective 1. Manage runoff from development/redevelopment through stormwater rate and volume control techniques and optimize site design practices to alleviate downstream flooding. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 120 Naturally vegetated riparian areas serve a number of beneficial functions for flood control. An undeveloped, vegetated floodplain reduces the velocity, height and volume of floodwaters by allowing the floodwaters to spread out horizontally and relatively harmlessly across the floodplain. Water that floods into vegetated floodplains reenters the main channel slowly, enabling it to be stored by floodplain wetland soils and streamside forest leaf litter. Placing impervious surfaces such as roofs and parking lots within riparian areas impairs their capacity to detain, infiltrate and store floodwaters and runoff from adjacent uplands, and increases the volume and speed of runoff from the riparian area into adjacent streams, resulting in increased flooding and storm damage downstream. Increased watershed imperviousness typically amplifies normal streamflow patterns. Impervious surfaces result in higher peak flows and lower base flows as stormwater, with little or no opportunity to infiltrate into the soil, can result in direct discharges into rivers and streams. During periods of low precipitation, the lack of pervious infiltration to groundwater reduces baseflow and causes many urbanized streams to stagnate or dry up. Management practices associated with stormwater runoff and downstream flooding are covered earlier in this section as part of the Stormwater Management Goal. Objective 2. Cooperate with DNR to ensure that water body control structures and outlets are maintained in good working condition. The condition of control outlets for water bodies can have significant impacts on riparian property and flora and fauna habitat both by flooding and low water levels. For example, detrimental impacts from flooding can cause the following: • • • • Excessive erosion and sedimentation; Flooding of nesting sites; Degradation of vegetation due to excessive water levels; and Damage to nearby structures. Objective 3. Limit floodplain alteration in order to obtain “no net loss” of floodplains, including the preservation, restoration, and management of floodplain wetlands. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 121 Floodplain filling shall not cause a net decrease in flood storage capacity below the projected 100-year flood elevation. The proposed plan must show that, together with the filling of all other properties on the affected waterbody to the same degree of encroachment as proposed by the applicant, the action(s) will not cause high water or aggravate the flooding on other properties and will not unduly restrict flood flows. Objective 4. Mitigate or reduce the impact of localized flooding when feasible and ensure that structures are properly located relative to the floodplain. In areas where localized flooding threatens public health and safety, Scott County supports working with other jurisdictions to design and implement local and regional flood storage ponds. New structures shall not be built within the floodway, except as accessory structures for uses permitted in the floodway. No structure in the floodway will be allowed that will cause any increase in the flood stage or increase in flood damages in affected reaches. Within the flood fringe, all structures must be elevated so that lowest floor, including the basement, is at or above the RFPE, following the specifications of Scott County’s current ordinances or DNR standards. Railroad tracks, roads, and bridges within the floodplain will be elevated to the RFPE where they are essential for public health, safety, and orderly functioning where other regulatory agencies all agree. ISTS and water supply systems must be designed to minimize infiltration of floodwaters to the system and discharges from the systems into the floodwaters. Table 4.2 shows the standards for new building construction the Scott County. State and Federal standards for new road and street construction with respect to flooding, freeboard and overtopping must be followed in Scott County. TABLE 4.2: Minimum Structure Elevations Condition All DNR Protected Water Bodies and Areas Subject to Flooding. All Other Water Bodies and Areas Subject to Flooding. New Building Construction (lowest floor elevation) The greater of 3 feet above the ordinary high water level (OHW) or 1 foot above the 100-yr. Flood level The greater of 3 feet above the highest known water level or 1 foot above the 100-yr. Flood level Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Objective 5. Section 4, Page 122 Work with FEMA to complete new floodplain mapping under their CTP program. Scott County facilitated an aerial mapping in 2003 that included the generation of a Digital Elevation Model (DEM) for 2-foot contours and digital ortho-photos for the entire County. The County Surveyors Office and Natural Resources Department were the project managers for this undertaking and worked with many partners to provide funding. The flight was completed in spring 2003 and data was available as of fall 2003. Data from this project can be viewed on the Scott County web site. FEMA is leading an effort to update County floodplain maps under a CTP initiative. County staff is working with FEMA to complete Digital Flood Insurance Rate Map (DFIRM) files for the County. Data and maps generated from this project would be available to the public through the County’s GIS. IX. Urban Development Goal To use the County’s 2030 Comprehensive Plan Update as a guide for development within Scott County by providing policies, objectives and ordinances to support development while at the same time protecting and managing the County’s water resources. Reason: Premature development that occurs before considerations of stormwater management, as well as other water and natural resource management, leads to increased environmental risk to residents and businesses and the increased cost associated with fixing problems after the fact. Policies 1. The preservation, restoration, and enhancement of shoreland and wetland environments in their natural state shall be encouraged. Where desirable and practical, developments which complement these features and are in conformance with federal, state, and local regulations shall be promoted. 2. Examine requested land use changes in relation to adjoining land uses, site accessibility, stormwater management systems availability, and consistency with the County’s 2020 Comprehensive Plan Update and policies. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 123 3. Encourage the placement of housing units in a manner that preserves significant natural resources. 4. Promote compatible land use patterns on shared boundaries between urban and rural uses as a means of protecting future urban expansion areas. 5. Promote cooperative efforts to solve public health hazards when a hazard can be corrected or controlled by public resources (sewer/water service, code enforcement, inspection, sharing infrastructure costs, etc.). 6. Establish compatible land use patterns that relate to the County's environmental features. 7. Promote area-wide identification of environmentally sensitive natural resource areas for guiding land use development decisions. Objective 1. Coordinate the implementation of the Scott County Water Resources Management Plan with the implementation of the Scott County 2030 Comprehensive Plan Update. The County will promote sustainable, Low Impact Development (LID) as the preferred type of land development within the unincorporated areas of the County. Special attention will be given to sensitive natural resource areas and projected impacts to those areas over time. The County currently promotes LID through working with land owners and developers on a continuous basis for the properties located within the County Planning and Zoning jurisdiction. As part of general inquiries and the Development Review Team (DRT) meeting process, the Natural Resource and Planning Departments routinely provide information and direction on how to develop property in a low impact manner. In fact, as part of this preliminary process, property owners routinely change proposed “standard” developments to a LID. The incentives for clustering and open space preservation contained in the Scott County Zoning Ordinance, combined with the requirement to meet at a very preliminary stage before significant engineering expenses are incurred, are the primary reasons LID is being promoted and implemented regularly. The DRT meeting process also presents an opportunity for County staff to identify potential water resource management issues prior to a developer making a formal submittal. Department representatives from Planning, Environmental Health, Natural Resources, Building Inspections, Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 124 and Highway meet with developers and land owners to provide comments on proposed developments in the early stages of the platting process. Preliminary draft chapters of the 2030 Comprehensive Plan related to water resources, natural resources, and land use are included as attachments to Appendix C. Once the update 2030 Comprehensive Plan is approved the County anticipates amending this plan to incorporate some of the concepts included in the 2030 Comprehensive Plan. X. Education Goal To inform, educate and involve individuals, groups, businesses, industry and government in the protection and cleanup of Scott County’s water resources, thereby increasing the understanding of water resource management and creating a long-term commitment to improve and protect the County’s water resources. Reason: Educating and working with stakeholders within the WMO provides a network of knowledgeable people that support and help carry out the goals of the Plan. Providing an understanding of the issues and providing a forum for discussion and consensus building regarding solutions will equate to better projects in the long run. Policies 1. Educate key audiences, such as developers, consultants, contractors, builders and local units of government on stormwater best management practices and erosion control measures. 2. Increase participation of property owners, developers and contractors in wetlands and wildlife land management assistance programs, and decrease violations of wetland regulations. 3. Encourage well water quality testing. 4. Promote a reduction in per-capita water use. 5. Provide educational materials on BMPs. 6. Conduct educational programs for homeowners, renters, grounds keepers, pesticide and fertilizer dealers and distributors, city and county public works personnel. 7. Cooperate with ongoing educational programs by the Scott WMO, University of Minnesota Extension Service, SWCD, NRCS and other agencies. Scott County Water Resources Plan – Amendment 1 October 2007 Goals and Policies Section 4, Page 125 8. Help facilitate and support education/public outreach activities required under NPDES Phase II. Objective 1. Implement the Education Strategy activities outlined in Appendix B. Appendix B includes the County’s Proposed Work Plan including Educational Initiatives. The County will review the Work Plan on an annual basis and revise as necessary. Any revisions to the Work Plan will be submitted to the WMO for review through the Plan Amendment process outlined in Section 5 of this Plan. The County established an Erosion and Sediment Control (ESC) Program in 2005 to provide inspection and enforcement of the County’s erosion and sediment control regulations as well as the NPDES Phase II requirements. The County teams with the Scott SWCD to perform the inspections and follow up with enforcement for any land disturbances that are not meeting County and State requirements. As part of the ESC Program, the County and SWCD have held workshops to provide an overview of the ESC regulations and compliance expectations, as well as to illustrate effective ESC practices. These workshops, which are free and open to the public, have been attended by home builders, utility installers, landscapers, contractors, developers, and municipal staff. The County intends to continue to hold these workshops and modify the content as may be necessary to meet future regulation changes. Scott County Water Resources Plan – Amendment 1 October 2007 Administration Section 5, Page 125 Section 5 Administration I. Authority The County’s surface water management authority derives from MN Statutes 103B.231 Subdivision 3 (b). The County’s groundwater management authority derives from MN Statutes 103B.255. Scott County implements its surface water and groundwater managements plans in the unincorporated areas through its zoning authority (MN Statutes 394.21 to 394.37) and platting authority (MN Statute Chapters 394 and 505, as may be amended). This Water Resources Plan has been completed to meet the requirements of MN Statute 103B.235 and the Scott WMO’s Comprehensive Water Resource Management Plan. II. County Board The Scott County Board of Commissioners takes final action on all zoning requests under County Zoning Ordinance No. 3, and on all platting requests under County Land Subdivision Ordinance No. 7. Therefore, the County Board of Commissioners is the “governing body” of all zoning and subdivision requirements for stormwater management, erosion control and wetland protection in the County’s unincorporated areas. County Staff completes project reviews as well as administrative tasks related to land development and makes recommendations to the Board of Commissioner for planning and zoning actions. III. Advisory Committees A. County Planning Commission The Scott County Planning Advisory Commission reviews all applications for conditional use permits, interim use permits, land subdivisions, and zoning amendments for land in the unincorporated areas. The County Planning Advisory Commission reports to the County Board. The County Planning Advisory Commission is responsible for holding Scott County Water Resources Plan – Amendment 1 October 2007 Administration Section 5, Page 126 public hearings and reviewing all amendments to Zoning Ordinance No. 3 and Land Subdivision Ordinance No. 7 necessary to implement this Water Resources Plan. IV. Staff To administer and implement this Water Resources Plan and its goals and objectives, Scott County will employ sufficient qualified staff under the direction of the Community Development Director. Currently, the Scott County Natural Resources Department is preparing this Water Plan, and will continue as the key administrative department after Plan adoption. In addition, watershed management, due to its interdisciplinary nature, involves several County departments and divisions, as well as the Scott SWCD. V. Chapter 6: Stormwater Management, Erosion Control, and Wetlands This Water Resources Plan will primarily be implemented through Chapter 6 of the Scott County Zoning Ordinance No. 3. The purpose of Chapter 6 is to provide for: 1. The protection, preservation, maintenance, and use of the water and soil resources of the unincorporated area of the County through management of stormwater drainage, minimization of land disturbance, and prevention of damage from erosion and sedimentation; 2. The use of controls and regulations to secure safety from floods; to prevent loss of life, property damage, and other losses and risk associated with flood conditions; to reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; to protect individual and community riparian rights; and to preserve the location, character, and extent of natural and artificial water storage and retention areas; Scott County Water Resources Plan – Amendment 1 October 2007 Administration Section 5, Page 127 3. The enforcement of this Chapter and the coordination of the enforcement of appropriate and applicable Federal, State, County, and local regulations; 4. The implementation of the goals and policies of the Scott County Comprehensive Plan, as amended. Under Chapter 6, all land disturbing activities involving ten thousand (10,000) square feet or more of land area requires a grading permit. Grading permits are reviewed by the Planning Department and Natural Resources Department. In most cases, grading permits are reviewed in conjunction with a zoning or subdivision application. Depending on the size or extent of the project, either a resource management plan or an erosion and sediment control plan is required as part of the grading permit application. This Water Resources Plan will require certain updates to Chapter 6 to meet the objectives of the Plan. The goals for the updates are to achieve equivalency with Scott WMO Rules adopted on May 10, 2005, maintain consistency with the National Pollutant Discharge Elimination System (NPDES) Phase II requirements adopted on August 1, 2003, and preserve the quality of water and natural resources for a growing County. VI. Education Scott County has taken measures to educate property owners, home builders, developers, contractors, realtors, and residents on the County’s stormwater management, erosion control and wetland protection requirements. These measures include: 1. Development Review Team (DRT) Meetings – Land developers submit a sketch plan depicting a subdivision or development proposal. The sketch plan and accompanying information serves as the basis for discussions between the developer, the County’s Planning, Natural Resource, Environmental Health, Public Works, and Building Inspection Departments, and Town Board representatives at a DRT meeting. Scott County Water Resources Plan – Amendment 1 October 2007 Administration Section 5, Page 128 This meeting is intended to provide the developer with an advisory review of the proposal, including Chapter 6 requirements. 2. Handouts and Staff Assistance – The County Natural Resources Department Staff is available to answer questions and assist land developers in meeting Chapter 6 requirements. Staff has prepared handout material on how to complete erosion and sediment control plans, which is available at the community development customer service counter or upon request. 3. ESC Workshops – The County Natural Resources Department, in conjunction with Scott SWCD, holds workshops on the County’s erosion and sediment control program. These workshops, which are free and open to the public, provide an overview of ESC regulations and compliance expectations, discuss common construction site situations, present some effective ESC practices, and give additional resources. These workshops have been attended by home builders, utility installers, landscapers, contractors, and developers. VII. Inspection, Compliance, and Enforcement Chapter 6 includes provisions for reviewing, approving, inspecting and enforcing the County’s stormwater management, erosion control and wetland protection requirements. 1. Review Process - All grading permits (which will require either a resource management plan or an erosion and sediment control plan) are reviewed by the County Planning and Natural Resources Departments to determine compliance with the technical and performance standards of Chapter 6. 2. Financial Guarantee - Upon approval of the grading permit, the Planning Department requires the applicant to provide a financial guarantee in the form of a letter of credit or cash deposit in favor of the County equal to 125% of site grading Scott County Water Resources Plan – Amendment 1 October 2007 Administration Section 5, Page 129 and erosion/sediment control costs necessary to ensure the satisfactory installation, completion, and maintenance of the measures and procedures as required in the approved grading permit. 3. Inspection – The County has contracted with Scott SWCD to inspect an applicant’s progress of implementing best management practices to minimize erosion and sedimentation. If the County determines that insufficient progress or non-compliant activity is occurring, the Planning Department notifies the applicant or landowner of the problem and demands compliance. If compliance is not followed, the County can draw on the financial guarantee to ensure protection of public soil and water resources. 4. Compliance – After all of the required measures and procedures as described in the approved grading permit have been executed to the satisfaction of the County, the Planning Department shall issue a certificate of compliance to the applicant and release the remaining financial guarantee. Where a resource management plan has been approved in issuance of the grading permit, the Planning Department shall not issue a certificate of compliance until the plan is certified as being completed by a professional engineer. 5. Maintenance – The applicant or successors are responsible for the installation and maintenance of any temporary or permanent measures identified in the approved grading permit. At the time of completion of the development, those structures, measures and systems within public easements shall be permanently maintained by the Township after official acceptance by the Township Board. Scott County Water Resources Plan – Amendment 1 October 2007 Administration Section 5, Page 130 VIII. Public Improvement Projects The Scott County Water Resources Plan incorporates the Scott County Highway Transportation Improvement Program (TIP) by reference. The current TIP dated 2005 – 2012 identifies program goals and strategies along with a list of highway improvement projects. The projects identified in the TIP meet the WMO’s definition for Public Improvement Projects. IX. Funding There are several authorities Scott County can utilize to finance water plans, projects, and activities. These include a variety of taxes, assessments, charges, grants, and loans. Washington County recently conducted an in-depth Water Governance Study and did substantial research into the tools (taxes, assessments, charges, and similar) available to fund water activities, their appropriate use, and their advantages and disadvantages. Table 5.1 summarizes the findings in that report. The table provides guidance in making financing decisions. Table 5.1: Financing Options Table FINANCE TYPE DEFINITIONS PROS CONS Special assessments Based on ‘benefit’ and must show a direct increase in value or use for property; Difficult to use on large area projects, but may be applicable for smaller local projects such as lake flood minimization for shore homes and property Spreads the cost out equally based on the tax classification and value of the property; Best method to cover administrative expenses (bookkeeping, non-project related studies. etc.) Fee based on runoff generated; If the cost to calculate contribution is higher than cost of the project, stormwater utility is not feasible; Use only if project would permit establishment of special benefit to individual parcels Need to prove benefit to each parcel; Deemed least feasible for projects to serve a broad area; Anticipated to be used for isolated projects – could not use for regional and water quality projects Simplest method and least expensive to administer; Good for overall administration, base funding, and small projects Based solely on the tax classification and value and the tax paid is not related to the runoff generated Provides greatest flexibility for funding methods related to runoff; Probably the most equitable and do not have to prove individual More administration to create a stormwater utility and to collect funds; Initial time spent mostly on appeals, but then it lightens up; Ad valorem taxes Stormwater utility fee Scott County Water Resources Plan – Amendment 1 October 2007 Administration FINANCE TYPE Subwatershed assessments Connection fees/area charges New water management fee (flat fee) Section 5, Page 131 DEFINITIONS PROS CONS Watershed Authority must make sure there is no duplication with cities benefit; Credits to fees can be established based on best management practices; More useful for multi-zone areas. Costs are borne by generators of runoff; Can be used with ad valorem taxes. Not recommended for administration financing. Fees based on the subwatershed the project is located in (Credit River, Sand Creek, Shakopee Basin, Southwest Scott) Reasonable charge would be collected from new development that would reduce charges to existing properties Setting a flat fee for all residents and properties (similar to Solid Waste Fee) Development will pay for its costs. Easy to administer; Recognizes that water is everyone’s resource; Good for Scott County since it covers a large area More administrative time to create the subwatershed district fees associated with each particular project Watersheds do not have authority to collect; Presently requires joint powers agreement; Possible challenge to fees Not good for long-term projects Development of cost-share programs or partnerships when using watershed funding or applying for additional funding through grant applications is a very important tool for watershed programs. Where known cost share opportunities are lacking, partnerships may be developed for cost and workload sharing and eliminating duplication of fees if possible. Scott County may be able to share costs with cities, townships, and watershed districts, where appropriate, for program implementation. It is the responsibility of the County to pursue funding mechanisms for programs that complement this Plan. The Metropolitan Surface Water Management Act (Act) allows LGUs within the watershed management area (Scott WMO) to levy taxes (without regard to existing levy limitations) to pay for water resource planning and management activities required under the Act. Thus, LGU planning required to prepare or amend any plans and regulations to comply with the Scott WMO’s management plan can be funded by new local tax levies without regard to existing limitations on regular property tax levies within the LGU. An LGU as defined above and under MN Statute 473.852 subd. 7 can also apply local levy over part of its jurisdiction by creating a local drainage district for tax and planning purposes. Since Scott County is the Scott County Water Resources Plan – Amendment 1 October 2007 Administration Section 5, Page 132 planning and zoning authority for the unincorporated area in the County, the County will act as an LGU in the unincorporated areas. The estimated cost of adoption and enforcement of amended ordinances associated with the adoption of the Water Resources Plan will not likely increase significant above what the County currently spends to enforce stormwater management issues. The Planning Department currently enforces Chapter 6 of the Zoning Ordinance which covers the majority of the rules necessary to comply with this plan. The method of enforcement will not change. The County has not completed an extensive search for potential grant funding for water management projects and programs. It is likely that the County will pursue grants through the MnDNR and other state and regional agencies. The availability of grants is related directly to the economic stability of the area and therefore may not be a reliable funding source. X. Adoption, Amendment & Review Procedures A. Scott County Water Resources Plan Review and Adoption The Scott County Water Resources Plan is scheduled to be adopted by the Scott County Board of Commissioners in the Spring of 2006. This Plan will remain in effect for five years from the date of adoption or until an amended plan is adopted, not to exceed ten years from the date of adoption. Prior to the County Board adoption, the Plan will be submitted to the Scott WMO and the Metropolitan Council for review and comments, in accordance with MN Statute 103B.235, Subp. 3 and 3a. 1. Watershed Organization Review The PLSLWD, LMRWD, Scott WMO, and the VRWJPO shall have 60 days following submittal to complete a review of the Plan to determine consistency with their respective Watershed Plan. The Watershed Organization shall approve Scott County Water Resources Plan – Amendment 1 October 2007 Administration Section 5, Page 133 or disapprove this Plan or parts of the Plan within 60 days. If the Watershed Organization fails to complete its review within 60 days, the County’s Water Resources Plan shall be deemed approved unless an extension is granted by the County. 2. Metropolitan Council Review The Metropolitan Council shall have 45 days to review and comment upon this Plan or parts of the Plan with respect to consistency with the Council’s comprehensive development guide for the metropolitan area. The Council’s 45day review period shall run concurrently with the 60-day review period by the WMO. The Metropolitan Council shall submit its comments to the WMO and shall also send a copy of its comments to the County. If the Metropolitan Council fails to complete its review and make comments to the WMO within the 45-day period, the WMO shall complete its review as provided in Minnesota Rules. B. Scott County Water Resources Plan Implementation In accordance with MN Statute 103B.235, Subp. 4, the County shall adopt and implement this Plan within 120 days from the date of approval by the WMO. Furthermore, ordinances shall be amended, as necessary, with 180 days from the date of approval by the WMO. The County will notify the Watershed Organizations regarding Plan adoption, including adoption of revised ordinances, within 30 days, in accordance with MN Rule 8410.0170, Subp. 12. C. Scott County Water Resources Plan Amendments To the extent and in the manner required by the Watershed Organizations, all amendments to this Water Resources Plan shall be submitted to the Watershed Organizations for review and approval in accordance with MN Statute 103B.235, Subp. 5 and in accordance with MN Rules Chapter 8410.017, Subp. 11. This Scott County Water Resources Plan – Amendment 1 October 2007 Administration Section 5, Page 134 amendment initiated in October of 2007 constitutes the first amendment. Additional amendments are anticipated in the next couple of years to: 1) incorporate elements of the 2030 Comrprehensive Plan once it’s approved (draft sections are included with this amendment in Appendix C); and 2) to incorporate rate control standards at County boundaries in the Vermillion River Watershed portion of the County once the VRWJPO has completed its modeling effort. Scott County Water Resources Plan – Amendment 1 October 2007
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