Laserfiche WebLink
Page 17 of 38 <br />Permit No: MNR040000 <br />(4) Mitigation provisions <br />There may be circumstances where the permittee or other owners and operators of <br />a construction activity cannot cost effectively meet the conditions for post - <br />construction stormwater management for TSS and/or TP in Part III.D.5.a(2) on the <br />site of the original construction activity. For this purpose, the permittee shall <br />identify, or may require owners or operators of a construction activity to identify, <br />locations where mitigation projects can be completed. The permittee's Regulatory <br />Mechanism(s) shall ensure that any stormwater discharges of TSS and/or TP not <br />addressed on the site of the original construction activity are addressed through <br />mitigation and, at a minimum, shall ensure the following requirements are met: <br />(a) Mitigation project areas are selected in the following order of preference: <br />1) Locations that yield benefits to the same receiving water that receives <br />runoff from the original construction activity <br />2) Locations within the same Department of Natural Resource (DNR) <br />catchment area as the original construction activity <br />3) Locations in the next adjacent DNR catchment area up -stream <br />4) Locations anywhere within the permittee's jurisdiction <br />(b) Mitigation projects must involve the creation of new structural stormwater <br />BMPs or the retrofit of existing structural stormwater BMPs, or the use of a <br />properly designed regional structural stormwater BMP. <br />(c) Routine maintenance of structural stormwater BMPs already required by this <br />permit cannot be used to meet mitigation requirements of this Part. <br />(d) Mitigation projects shall be completed within 24 months after the start of the <br />original construction activity. <br />(e) The permittee shall determine, and document, who is responsible for long-term <br />maintenance on all mitigation projects of this Part. <br />(f) If the permittee receives payment from the owner and/or operator of a <br />construction activity for mitigation purposes in lieu of the owner or operator of <br />that construction activity meeting the conditions for post -construction <br />stormwater management in Part III.D.5.a(2), the permittee shall apply any such <br />payment received to a public stormwater project, and all projects must be in <br />compliance with Part III.D.5.a(4)(a)-(e). <br />(5) Long-term maintenance of structural stormwater BMPs <br />The permittee's Regulatory Mechanism(s) shall provide for the establishment of <br />legal mechanism(s) between the permittee and owners or operators responsible for <br />the long-term maintenance of structural stormwater BMPs not owned or operated <br />by the permittee, that have been implemented to meet the conditions for post - <br />construction stormwater management in Part III.D.5.a(2). This only includes <br />structural stormwater BMPs constructed after the effective date of this permit, <br />that are directly connected to the permittee's M54, and that are in the permittee's <br />jurisdiction. The legal mechanism shall include provisions that, at a minimum: <br />(a) Allow the permittee to conduct inspections of structural stormwater BMPs not <br />owned or operated by the permittee, perform necessary maintenance, and <br />assess costs for those structural stormwater BMPs when the permittee <br />