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6115.0190 Minnesota Rule Page 2 of 2 B. for one additional installation of a sand or gravel layer subsequent to an initial installation at the same location and not exceeding the same amounts and dimensions allowed under item A; or C. to place fill in a public watercourse having a total drainage area, at its mouth, of five square miles or less, if the watercourse is not an officially designated trout stream and the placement of fill does not result in: (1) any diversions of water from the drainage area; (2) any impoundment of waters by damming the watercourse; or (3) any actions that would result in erosion and cause sedimentation of downstream waters as determined by the county or local soil and water conservation district. Subp. 5. Permits required. Permits are required for the placement of fill in public waters, except as provided under subparts 3 and 4, and a project must meet all of the following requirements: A. the project does not exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters; B. the fill consists of clean inorganic material that is free of pollutants and nutrients; C. the existence of a stable, supporting foundation is established by appropriate means, including soil boring data where deemed necessary by the commissioner; D. where erosion protection is deemed necessary by the commissioner, the site conditions and fill material are capable of being stabilized by an approved erosion control method such as riprap, retaining wall, or other method which is consistent with existing land uses on the affected public water; E. the proposed project represents the minimal impact solution to a specific need with respect to all other reasonable alternatives; F. the size, shape, depths, shoreline, and bottom character and topography, and susceptibility of the beds of public waters to actions of wind, waves, and currents are such that the fill will be stable; G. adverse effects on the physical or biological character of the waters are subject to feasible and practical measures to mitigate the effects; H. the proposed filling is consistent with applicable floodplain, shoreland, and wild and scenic rivers management standards and ordinances for the waters involved; and I. the proposed filling is consistent with water and related land management plans and programs of local and regional governments, provided such plans and programs are consistent with state plans and programs. Statutory Authority: MS s 103G.315; 105.415 History: 8 SR 533; 25 SR 143; 27 SR 529 Posted: June 11, 2008 https://www.revisor.mn.gov/rules/?id=6115.0190&keyword type=all&keyword=beach+sand 6/8/2010