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Part IX. APPENDIX C: Limitations on Coverage

This part describes more stringent requirements for discharges that meet the specified criteria.  Whenever two or more requirements, restrictions, or prohibitions apply, the requirements for both or all shall be met.  Whenever two or more requirements, restrictions, or prohibitions conflict; the more restrictive conditions are applicable.

Contents of Appendix C:

A. Discharges to Wetlands (Minn. R. 7050.0130(F)).

B.  Discharges Requiring Environmental Review.

C. Discharges Affecting Threatened or Endangered Species or their habitat.

D. Discharges Affecting Historic or Archeological sites.

E. Discharges Affecting Source Water Protection Areas.


A. Discharges to Wetlands (Minn. R. 7050.0130(F); also Minn. R. 7050.0186).  This permit does not authorize physical alterations to wetlands, or other discharge adversely affecting wetlands, if the alteration will have a significant adverse impact to the designated uses of a wetland.  Any physical alterations to wetlands that will cause a potential for a significant adverse impact to a designated use must be implemented in accordance with the avoidance, minimization and mitigation requirements of Minn. R. 7050.0186 and other applicable rules.  

B. Discharges Requiring Environmental Review (Minn. Stat. ch. 116D, and 42 U.S.C. §§ 4321 – 4370(f)).  This permit does not replace or satisfy any environmental review requirements, including those under the Minnesota Environmental Policy Act (Minn. Stat. ch. 116D), the National Environmental Policy Act (42 U.S.C. §§ 4321 – 4370(f)), and rules implementing those laws.  Any environmental review required by law, including preparation of environmental review documents such as environmental assessment worksheets, environmental impact statements, or environmental assessments, must be completed in accordance with those requirements.

C. Discharges Affecting Threatened or Endangered Species.  This permit does not replace or satisfy any review requirements for Threatened or Endangered Species, from discharges whose direct, indirect, interrelated, interconnected, or independent impacts would jeopardize a listed Threatened or Endangered Species or adversely modify a designated critical habitat.  For any project resulting in a discharge having the potential to adversely impact Threatened or Endangered species, or their critical habitat, The Permittee shall conduct the required review and coordination with appropriate agencies in accordance with those requirements.

D. Discharges Affecting Historic or Archeological Sites.  This permit does not replace or satisfy any review requirements for Historic or Archeological Sites from discharges which affect properties listed or eligible for listing in the National Register of Historic Places or affecting known or discovered archeological sites.  For any project resulting in a discharge having the potential to adversely impact Historic or Archeological Sites, including significant anthropological sites and any burial sites, the Permittee must conduct the required review and coordination with the Minnesota State Historic Preservation Officer or other appropriate federal, state and local agencies in accordance with those requirements.

E. Discharges Affecting Source Water Protection Areas (Minn. R. 4720.5100 – 4720.5590).  The Permittee shall incorporate BMPs into the Permittee’s Stormwater Management Program to protect any of the following drinking water sources that the municipal separate storm sewer system discharge may affect, and the Permittee shall include the map of these sources with the Stormwater Management Program if they have been mapped:
:1. wells and source waters for drinking water supply management areas identified as vulnerable under Minn. R. 4720.5205, 4720.5210, and 4720.5330; and

:2. source water protection areas for surface intakes identified in the source water assessments conducted by or for the Minnesota Department of Health under the federal Safe Drinking Water Act (42 U.S.C. § 300j-13).