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Coverage issued: October 28, 2021 <br />Permit expires: November 15, 2025 <br />M5400047 <br />Page 22 of 28 <br />subp.3(0)] <br />26.16 <br />The General Permit incorporates by reference the applicable portions of 40 CFR 122.41 and 122.42(c) and (d), and <br />Minn. R. 7001.1090, which are enforceable parts of the General Permit. [Minn. R. 7090] <br />26.17 <br />The provisions of the General Permit are severable, and if any provision of the General Permit, or the application of <br />any provision of the General Permit to any circumstance, is held invalid, the application of such provision to other <br />circumstances and the remainder of the General Permit shall not be affected thereby. [Minn. R. 7090] <br />27.1 <br />Definitions. [Minn. R. 7090] <br />27.2 <br />"Active karst" means a terrain having distinctive landforms and hydrology created primarily from the dissolution of soluble <br />rocks within 50 feet of the land surface. [Minn. R. 7090] <br />27.3 <br />"Agency" means the Minnesota Pollution Control Agency or MPCA. [Minn. Stat. 116.36, subd. 2] <br />27.4 <br />"Alum or Ferric Chloride Phosphorus Treatment System" means the diversion of flowing stormwater from a MS4, removal <br />of phosphorus through the use a continuous feed of alum or ferric chloride additive, flocculation, and the return of the <br />treated stormwater back into a MS4 or receiving water. [Minn. R. 7090] <br />27.5 <br />"Applicable WLA" means a Waste Load Allocation assigned to the permittee and approved by the USEPA prior to the <br />issuance date of the General Permit. [Minn. R. 7090] <br />27.6 <br />"Best Management Practices" or "BMPs" means practices to prevent or reduce the pollution of the waters of the state, <br />including schedules of activities, prohibitions of practices, and other management practices, and also includes treatment <br />requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or <br />drainage from raw material storage. [Minn. R. 7001.1020, subp. 5] <br />27.7 <br />"Commissioner" means the Commissioner of the Minnesota Pollution Control Agency or the Commissioner's designee. <br />[Minn. Stat. 116.36, subd. 3] <br />27.8 <br />"Common Plan of Development or Sale" means a contiguous area where multiple separate and distinct land disturbing <br />activities may be taking place at different times, on different schedules, but under one proposed plan. One plan is broadly <br />defined to include design, permit application, advertisement or physical demarcation indicating that land -disturbing <br />activities may occur. [Minn. R. 7090] <br />27.9 <br />"Construction Activity" means activities including clearing, grading, and excavating, that result in land disturbance of equal <br />to or greater than one acre, including the disturbance of less than one acre of total land area that is part of a larger <br />common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one acre. <br />This includes a disturbance to the land that results in a change in the topography, existing soil cover, both vegetative and <br />nonvegetative, or the existing soil topography that may result in accelerated stormwater runoff that may lead to soil <br />erosion and movement of sediment. Construction activity does not include a disturbance to the land of less than five acres <br />for the purpose of routine maintenance performed to maintain the original line and grade, hydraulic capacity, and original <br />purpose of the facility. Routine maintenance does not include activities such as repairs, replacement and other types of <br />non -routine maintenance. Pavement rehabilitation that does not disturb the underlying soils (e.g., mill and overlay <br />projects) is not construction activity. [Minn. R. 7090] <br />27.10 <br />"DNR Catchment Area" means the Hydrologic Unit 08 areas delineated and digitized by the Minnesota DNR. The catchment <br />areas are available for download at the Minnesota DNR Geospatial Commons website. DNR catchment areas may be locally <br />corrected, in which case the local corrections may be used. [Minn. R. 7090] <br />27.11 <br />"Existing Permittee" means an owner/operator of a small MS4 that has been authorized to discharge stormwater under a <br />previously issued general permit for small MS4s in the state of Minnesota. [Minn. R. 7090] <br />27.12 <br />"Fully reconstructed" means areas where impervious surfaces have been removed down to the underlying soils. Activities <br />such as structure renovation, mill and overlay projects, and other pavement rehabilitation projects that do not expose the <br />underlying soils beneath the structure, pavement, or activity are not considered fully reconstructed. Maintenance activities <br />such as catch basin repair/replacement, utility repair/replacement, pipe repair/replacement, lighting, and pedestrian ramp <br />improvements are not considered fully reconstructed. [Minn. R. 7090] <br />27.13 <br />"General permit" means a permit issued under Minn. R. 7001.0210 to a category of permittees whose operations, <br />emissions, activities, discharges, or facilities are the same or substantially similar. [Minn. R. 7001.0010, subp. 4] <br />27.14 <br />"Geographic Coordinates" means the point location of a stormwater feature expressed by X, Y coordinates of a standard <br />Cartesian coordinate system (i.e. latitude/longitude) that can be readily converted to Universal Transverse Mercator (UTM), <br />Zone 15N in the NAD83 datum. For polygon features, the geographic coordinates will typically define the approximate <br />