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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 MS4, 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 />