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21.3.5 Water Appropriation. No person shall appropriate water from Gem Lake without first obtaining an permit from VLAWMO. SECTION 4. AMENDMENT. Delete the current Section 22 (Soil Erosion and Sedimentation Controls and Storm Water Management) and replace with the following: SECTION 22 — SOIL EROSION CONTROL AND STORMWATER MANAGEMENT Section 22.1 Erosion and Sediment Control. 22.1.1 Policy Statement. It is the policy of the City of Gem Lake to require the preparation and implementation of erosion and sediment control plans to control runoff and erosion, to retain or control sediment on land during land disturbing activities, and to prevent the degradation of resources and the loss or damage of property due to erosion and sedimentation. 22.1.2 Regulation. No person shall commence land disturbing activities, unless granted a variance, without first obtaining a permit from the City that incorporates and approves an erosion and sediment control plan for the activity, development or redevelopment. The proposed activity will not result in an increase in sediment off the site during construction and post -construction activities and be in conformance with the MPCA General Permit Construction for Activities, and as amended. 22.1.3 Criteria. Erosion and sediment control plans and the land disturbing activity shall comply with the following criteria: a. Erosion and sediment control measures shall be consistent with BMPs, and shall be sufficient to retain sediment on -site. b. Erosion and sediment control measures shall meet the standard for the General Permit Authorization to Discharge Stormwater Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MNR100001 (NPDES General Construction Permit) issued by the Minnesota Pollution Control Agency, August 1 2008, as amended; except where more specific requirements are provided in paragraphs 3(c) and 3(d) of this Section below. c. The permittee or applicant must ensure final stabilization of the site in accordance with the NPDES General Construction Permit requirements. The site will be considered as having achieved final stabilization following submission of Notice of Termination by the permittee or applicant, and inspection and approval by the City. d. All on -site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion.