AGREEMENT BETWEEN THE LOWER MINNESOTA RIVER WATERSHED DISTRICT AND THE MINNESOTA DEPARTMENT OF TRANSPORATION
The Lower Minnesota River Watershed District (LMRWD) adopted and the
Minnesota Board of Water and Soil Resources (BWSR) approved the LMRWD
Water Management Plan (Plan), which was prepared in accordance with Minnesota Statutes 103D and 103B, and Minnesota Rules 8410; and
The LMRWD Managers envision the District will provide leadership,
encompassing (in descending priority) the roles of information and data provider; project facilitator; project proposer, and regulator regarding Minnesota and Mississippi River issues; and
The LMRWD Managers believe that in most cases regulation is more properly performed by local governmental units and/or state agencies provided that regulation by the local governmental units and/or state agencies is consistent with the goals and policies of the LMRWD Plan; and
The Minnesota Department of Transportation (Mn/DOT) agrees with the goals and policies of the LMRWD; and
Both parties wish to clearly define the respective roles of LMRWD and Mn/DOT.
Therefore, be it resolved that the LMRWD and Mn/DOT agree to the following Project Approval processes:
Mn/DOT agrees to:
1. Implement water management policies, standards and criteria at least as strict as those in the LMRWD Plan and its amendments on all Mn/DOT projects.
2. Mn/DOT shall submit project proposals to LMRWD for review, comment and Project Approval by the LMRWD whenever the project meets any of the following criteria:
The project is a residential development affecting five (5) or more acres of land;
* The project is a public/commercial/industrial development affecting one(1) or more acres of land;
* The project involves construction or reconstruction of runoff management
infrastruture where the contributing watershed is five (5) acres or more;
* The project will result in diversion of surface water flows between defined sub-watershed;
* The project will change intercommunity flowrates;
* The project is located in the Minnesota River floodplain regulated by the LMRWD.
3. Where the LMRWD review identifies areas where the MnDOT plans for a project do not satisfy the standards in the LMRWD Plan, Mn/DOT shall
incorporate the provisions of the LMRWD Plan into the Mn/DOT project plans in order to receive Project Approval from the LMRWD. Mn/DOT shall implement the project in accordance with the LMRWD s Project Approval.
4. MnDOT will work cooperatively with the LMRWD to implement its Plan and water management standards. In the event that MnDOT does not agree with Project Approval conditions imposed on a project by the LMRWD, MnDOT may appeal the LMRWD s exercise of authority under this Memorandum of Agreement by a declaratory judgment action brought under Minnesota Statutes ch. 555. Each party reserves the right to pursue any available legal remedies to enforce the terms of this Memorandum of Agreement.
5. LMRWD may inspect any Mn/DOT project under constraction to implement the policies, standards and criteria of the LMRWD pursuant to this agreement by any remedy allowed by law.
LMRWD agrees to:
At no cost to Mn/DOT, review project plans for conformance with LMRWD Plan, policies, standards and criteria, and provides comments and approval or disapproval of the project within 45 days from submission of the complete plans to the LMRWD.
2. At no cost to Mn/DOT, conduct periodic inspections to monitor MnDOT enforcement of LMRWD Plan, policies, standards and criteria, and to work cooperatively to resolve conflicts over the implementation of LMRWD Plan, policies, standards and criteria.
Both parties agree this Agreement may be changed to account for changes in their relationship as occasioned by approval of local water management plans by local units of government, approval of changes to the LMRWD Plan, or other circumstances affecting the management of water resources within the LMRWD and Mn/DOT projects or property.
This Agreement is rescindable upon sixty days notice by either party. In the event this Agreement is rescinded, or the LMRWD determines, after a public hearing that MnDOT has failed to implement a project in accordance with the LMRWD s Project Approval, then the LMRWD will adopt regulations pursuant to the findings of a subsequent public hearing, and begin operating a permit program with jurisdiction over Mn/DOT projects and property to enforce the standards and policies of the
LMRWD. Nothing herein limits the authority of the LMRWD to adopt rules as allowed by law in addition to the authority granted to LMRWD pursuant to this agreement.
Accepted , 20000 Accepted 2000
Lower Minnesota River Watershed District
Minnesota Department of Transportation, Metropolitan Division
Dennis Larson, PE Date 6-19-00
Division Water Resources Engineer
Dick Stehr, PE Date 6-19-00
Metro Division Engineer