Watershed Management Plan - Cormorant Lakes Watershed District
Transcription
Watershed Management Plan - Cormorant Lakes Watershed District
Cormorant Lakes Watershed District Watershed Management Plan 2012-2022 This page intentionally left blank. ACKNOWLEDGEMENTS The Cormorant Lakes Watershed District would like to recognize the members of the Advisory Committee who were appointed to guide the development of the Watershed Management Plan. The CLWD looks forward to cooperatively working with all of its stakeholders in the implementation of this Plan. BOARD OF MANAGERS Ellis Peterson Jeff Moritz Jody Beaudine Gene Olson Orvis Olson OTHERS WHO WORK WITH THE DISTRICT Duane Henrickson ~ Adminstration Advisor Sherwood Olson ~ Administrator Sheldon Struble ~ Inspector Duane Erickson ~ Inspector Erik Jones ~ Engineer Rick St-Germain - Engineer Terry Karkela ~ Attorney Moriya Rufer ~ Water Quality Consultant WATERSHED MANAGEMENT PLAN ADVISORY COMMITTEE Member Benneth Braseth Jay Carlson Tim Erickson Sean Felker Brad Grant Lyle Hansen Joe Herbst Jim Kaiser Tim James Lloyd Kohler Joe Lightowler Brad Lindstrom George Minerich Maggie Metcalf Barry Nelson Duane Olson Chad Severts Jim Wolters Merle Zimmerman Representing Upper Cormorant Lake Big Cormorant Lake Cormorant Township Audubon Township Becker Soil and Water Conservation District Big Cormorant Lake – Wermager Beach Bijou Lake Watershed Advisory Board Minnesota Pollution Control Agency Big Cormorant Lake – Blue Water Bay Lake Eunice Township, Big Cormorant Lake Assoc. Lake Park Township Minnesota Department of Health Watershed Advisory Board, Middle Cormorant Becker County Watershed Advisory Board, Nelson Lake, Larson Lake Minnesota Board of Soil & Water Resources Minnesota Department of Natural Resources Big Cormorant Lake Board Common Acronyms BMP Best Management Practice BWSR Minnesota Board of Water and Soil Resources CLWD Cormorant Lakes Watershed District DNR Minnesota Department of Natural Resources ISTS Individual Sewage Treatment System HUC Hydrologic Unit Code LA Lake Association LGU Local Governmental Unit MDA Minnesota Department of Agriculture MDH Minnesota Department of Health MPCA Minnesota Pollution Control Agency OHWL Ordinary High Water Level SWCD Soil and Water Conservation District TSI Tropic State Index USDA United States Department of Agriculture WMA Wildlife Management Area WPA Waterfowl Production Area Cormorant Lakes Watershed District Watershed Management Plan TABLE OF CONTENTS Chapter 1: Introduction A. B. C. D. E. F. Introduction to the CLWD........................................................................................................................ 1 Original Purpose and Goals ...................................................................................................................... 1 Watershed Rules ....................................................................................................................................... 3 CLWD Evolution ..................................................................................................................................... 3 District’s Mission ..................................................................................................................................... 3 Minnesota Statutory Authority ................................................................................................................. 3 Chapter 2: Description of the CLWD A. Watershed Setting..................................................................................................................................... 5 Location and size ............................................................................................................................... 5 Water flowage .................................................................................................................................... 6 Political units within the CLWD........................................................................................................ 6 Population characteristics .................................................................................................................. 8 The economy...................................................................................................................................... 8 B. Physical Features ...................................................................................................................................... 8 Climate ............................................................................................................................................... 8 Topography ........................................................................................................................................ 10 Geology .............................................................................................................................................. 11 Soils ................................................................................................................................................... 11 Land use ............................................................................................................................................. 12 Public & private land ownership........................................................................................................ 14 C. Water Resources ....................................................................................................................................... 15 Sub-watersheds .................................................................................................................................. 15 Rivers and natural streams ................................................................................................................. 15 Lakes .................................................................................................................................................. 15 Wetlands ............................................................................................................................................ 16 Artificial drainage systems ................................................................................................................ 17 Water management structures ............................................................................................................ 17 D. Existing Programs .................................................................................................................................... 17 Local .................................................................................................................................................. 17 State ................................................................................................................................................... 18 Federal ............................................................................................................................................... 19 Private ................................................................................................................................................ 19 Chapter 3: Assessment of Resources A. Water Resources ....................................................................................................................................... 21 Lake water quality.............................................................................................................................. 21 Ecoregion comparisons ...................................................................................................................... 23 Impaired waters.................................................................................................................................. 25 CWLD Plan, 2012-2022 Table of Contents i B. C. D. E. F. MPCA watershed assessment schedule ............................................................................................. 25 Fisheries assessments ......................................................................................................................... 26 Shoreline Development ............................................................................................................................ 29 Shoreline inventory ............................................................................................................................ 29 Building pressure ............................................................................................................................... 30 Land use changes ............................................................................................................................... 31 Subsurface sewage treatment ............................................................................................................. 33 Watershed Assessment ............................................................................................................................. 33 Erosion risk ........................................................................................................................................ 33 Erosion potential priority area identification ..................................................................................... 35 Aquatic Invasive Species.......................................................................................................................... 39 Species present in CLWD .................................................................................................................. 39 Infestation risks .................................................................................................................................. 39 Watershed Hydrology............................................................................................................................... 40 Water levels ....................................................................................................................................... 40 Tree loss ............................................................................................................................................. 41 Habitat Assessment .................................................................................................................................. 41 High quality habitat............................................................................................................................ 41 Potential areas for protection ............................................................................................................. 42 Chapter4: Priority Issues A. Public Meeting ......................................................................................................................................... 45 B. Discussion of Issues ................................................................................................................................. 45 Chapter 5: Implementation Plan A. Goals, Objectives, and Initiatives Defined ............................................................................................... 47 B. Initiative Formation .................................................................................................................................. 47 C. Implementation Plan................................................................................................................................. 48 Chapter 6: Administration A. B. C. D. Plan Schedule ........................................................................................................................................... 57 Plan Coordination ..................................................................................................................................... 57 Intergovernmental Conflict Resolution .................................................................................................... 57 Available Funding Mechanisms ............................................................................................................... 57 Ad valorem tax levies ........................................................................................................................ 57 Watershed Management Districts ...................................................................................................... 57 Project Assessments ........................................................................................................................... 57 Grants ................................................................................................................................................. 57 E. Plan Amendment Procedure ..................................................................................................................... 58 F. Plan Evaluation......................................................................................................................................... 59 G. District Policies ........................................................................................................................................ 59 Appendices A. Watershed Rules and Regulations ............................................................................................................ 61 B. Erosion Potential Analysis for the Watershed .......................................................................................... 75 C. Public Informational Meeting Comments ................................................................................................ 81 D. 60-day Review Period Comments and District Responses ...................................................................... 85 CWLD Plan, 2012-2022 Table of Contents ii Chapter 1: Introduction A. INTRODUCTION TO THE CLWD The Cormorant Lakes Watershed District (CLWD) was formed and approved by the State of Minnesota Water Resources Board on August 22, 1966. The CLWD lies near the southwest corner of Becker County and covers approximately 20,320 acres of land, small lakes and sloughs and approximately 7,922 acres of open water. Office The CLWD’s office is located at the Cormorant Community Center, 10929 County Highway 5, Pelican Rapids, MN, 56572. Main email: [email protected]. Meetings The CLWD conducts regular monthly meeting on the first Monday of each month starting at 7:00pm. During the summer months mid-month inspection meetings are held usually on the 3rd Monday of each month. If a meeting date falls on a legal holiday the meeting will be rescheduled. The time and date of the rescheduled meeting will be posted on the Cormorant Community Center Posting Board at least 3 days prior to the meeting. Call the Administrator or any of the managers to confirm meeting times and dates. B. ORIGINAL PURPOSE AND GOALS The original watershed management plan of the Cormorant Lakes Watershed District, dated March 7, 1968, established a number of goals with the overall objective of resource conservation. These goals are as follows. 1968 Original Goals 1) Control or alleviation of damage by floodwaters through the operation of a controlled outlet. 2) Improvement of stream channels for navigation, and any other public purpose. 3) Regulating the level and flow of streams and lakes and conserving the waters thereof. 4) Providing and conserving a high quality water supply for residential, recreational, agricultural, or other public uses. 5) Imposition of preventive or remedial measures for the control or alleviation of land and soil erosion and siltation of water courses or bodies of water affected thereby. 6) Regulating improvements by riparian landowners of the beds, banks, and shores of lakes, streams, and marshes by permit or otherwise in order to preserve the same for beneficial use. CWLD Plan, 2012-2022 Chapter 1: Introduction 1 7) Cooperate with Local, County, State, and Federal agencies concerning bridges, culverts, crossings, ditches and other matters that may affect transportation within the CLWD. 8) To monitor development of agricultural irrigation, and to respond to these developments in the best interests of the CLWD. 9) To monitor climatic events such as droughts, periods of excess rainfall and floods, and to react to these events in the best interest of the CLWD. 10) To monitor the developments in weather modification as it applies to the CLWD, and to respond to these developments in the best interest of the CLWD. 11) To acquire and maintain rainfall and lake level records for lakes within the CLWD. 12) To do any and all things necessary and proper to accomplish anyone or more of the general objectives for which the CLWD has been established. 1999 Goals The plan was last updated in 1999, and included the following goals. 1) Insure an adequate supply of high-quality surface and groundwater for public and recreational use in drought cycles. 2) The control or alleviation of damage by floodwaters and continue efforts to develop a permanent operating plan for the outlet. 3) Maintain or improve water quality of all surface water and groundwater resources within the CLWD. 4) The CLWD will support all viable projects for reducing erosion that may impact water quality. 5) The CLWD will implement and monitor a program of erosion control and sedimentation management within all non-judicial ditch systems under its jurisdiction. 6) All subwatersheds of the CLWD will be inventoried and evaluated for erosion potential and control. 7) The CLWD will promote the enhancement of fish and wildlife habitat where it is determined to be in the best interest of the public and landowners of the CLWD. 8) Promote recreational opportunities wherever possible within projects of the CLWD. 9) All initiatives of the CLWD should utilize potential cooperative efforts with the appropriate Federal, State, County, Township, School Districts and local governments. 10) The CLWD shall seek to inform and educate residents, non-residents and visitors within its jurisdiction of all its ongoing activities and projects. CWLD Plan, 2012-2022 Chapter 1: Introduction 2 11) The CLWD shall continue to inform and educate the public "Within its jurisdiction of the benefits of the conservation of water and soil in the preservation and enhancement of our natural resources”. Past Goals as related to today The goals from 1968 and 1999 include many of the same issues facing the watershed today. Some of the original goals have been met, such as operating a controlled outlet, improvement of stream channels via new culverts, regulating riparian changes by landowners through permits, maintain lake level records, and educating watershed residents. Other goals are still in progress such as inventorying and evaluating subwatersheds, reducing erosion and maintaining and improving water quality. The watershed’s new goals (Chapter 5) re-state the issues and priorities of the watershed for the next decade. C. WATERSHED RULES The CLWD’s rules can be found in Appendix A. The watershed rules are updated as new issues arise. One of the main changes in the CLWD that has had to be addressed is the rebuilding of existing cottages into large homes, which changes the runoff on the property. D. CLWD EVOLUTION The legal boundaries of the CLWD have remained unchanged since formation in 1966. However, dramatic changes in the Becker County Zoning Ordinances that include Shore land Management Plans, increased regulation by the State of Minnesota by and through the Minnesota Pollution Control Agency, Environmental Quality Board, State Soil and Water Conservation Districts, Department of Natural Resources, the Wetland Conservation Act and zoning authority exercised by local units of governments such as Townships, the federal government acting through the United States Department of Agriculture and the Army Corps of Engineers, have created an awareness that maintenance of the highest standards of water quality is a shared concern. Protection of water quality requires cooperation and communication with diverse units of government including local, state and federal agencies. E. DISTRICT’S MISSION The primary mission of CLWD is to protect and enhance the quality of waters within its jurisdiction; to ensure that appropriate decisions are made concerning the management of streams, wetlands, lakes, groundwater, and related land resources which impact these waters; and to accomplish the purposes for which a watershed district is established. F. MINNESOTA STATUTORY AUTHORITY As part of the body of laws of the State of Minnesota that comprise the water policy of the State, Minnesota Statute 103D.405, requires a watershed district to update the overall Water Management Plan every 10 years to reflect upon and examine past efforts and to focus on the needs and challenges of the future to allow the Managers to accept and perform their responsibilities entrusted by the public to protect and preserve the environment for future generations. CWLD Plan, 2012-2022 Chapter 1: Introduction 3 This page was intentionally left blank. CWLD Plan, 2012-2022 Chapter 2: Description of the District 4 Chapter 2: Description of the CLWD A. WATERSHED SETTING Location and Size The CLWD is located in the Otter Tail River Major Watershed. The Otter Tail River Watershed represents an area of about 1,920 square miles, including areas of substantial portions of Otter Tail, Becker and Wilkin counties, and very small portions of Clay and Clearwater counties (Figure 1). The watershed is a drainage basin of the Red River and the major tributaries of the watershed are the Ottertail and Pelican Rivers. Where the Otter Tail River joins the Bois de Sioux River is considered to be the headwaters of the Red River. The majority of the lakes in the Red River Basin are found in the Otter Tail River watershed. Figure 1. Watershed location of CLWD. CWLD Plan, 2012-2022 Chapter 2: Description of the District 5 The CLWD lies near the southwest corner of Becker County. (Figure 1). It covers approximately 20,320 acres of land, small lakes and sloughs and approximately 7,922 acres of open water. Its boundaries are as described in the Minnesota Water Resources Board's Order dated August 22, 1966, establishing the CLWD as amended. Within the CLWD there are many small to medium sized farms, as well as many small lots and home sites located around the various lakeshores. The public, through Federal, State, County and Township governments, own a few small tracts, mainly as accesses to the lakes and wildlife areas. The CLWD is accessible from all directions via gravel and blacktop roads and land transportation within the CLWD is adequate by a network of County and Township roads. There are no railroads within the CLWD. Water Flowage Water flowage in the CLWD starts at Bijou Lake near the northern border, and continues through Upper Cormorant, Nelson Lake, Middle Cormorant and Big Cormorant. The natural ground water flowage out of Big Cormorant is to the south via Pelican Lake and the Pelican River and the Ottertail River to the Red River of the North. Surface water also flows to Pelican Lake through Spring Creek. Additional flowage systems are; from Fig and Bergeson lakes into Rossman Lake, then into Upper Cormorant Lake; from Dahlberg lake to Leif Lake then into Big Cormorant. Sub-watershed systems feed into all of the major lakes from the surrounding territory. Political Units within the CLWD Becker County Board of Commissioners Becker County Soil and Water Conservation Lake Eunice Township Cormorant Township Audubon Township Lake Park Township Lake Park School District Audubon School District Pelican Rapids School District Non-Profit Lake Associations o Big Cormorant Lake Association o Middle Cormorant Lake Association o Upper Cormorant Lake Association o Rossman, Nelson, Larson Lakes Association o Bijou Lake Association o Leif Lake Association CWLD Plan, 2012-2022 Chapter 2: Description of the District 6 Figure 2. Map of the Cormorant Lakes Watershed District. CWLD Plan, 2012-2022 Chapter 2: Description of the District 7 Population Characteristics In the 1999 CLWD Watershed Plan, the CLWD population was estimated at 2,300. Census data are not separately available for the Watershed District, but its population history can be represented by changes which have taken place in the four townships that comprise most of the CLWD’s territory. In 2006, the total population of the four townships was 3,366. Extrapolation data were obtained from the Minnesota State Demography Office (Figure 3). The data show that population in Lake Eunice and Cormorant Townships are expected to grow in the future, while Audubon and Lake Park Townships remain even. Within the CLWD there are many small to medium sized farms, as well as many small lots and home sites located around the various lakeshores. Most of the increase in population has occurred around lakeshores in the CLWD. Population Estimatation for Townships in CLWD 2500 Population 2000 1500 Audubon township 1000 Cormorant township Lake Eunice township 500 Lake Park township 0 2006 2010 2015 2020 2025 2030 2035 Year Figure 3. Population extrapolation estimates for townships in the CLWD from 2006-2035. Source: http://www.demography.state.mn.us/resource.html?Id=19332 The Economy The most significant land use within the Watershed District continues to be agriculture. Since the formation of the CLWD in 1966, there has been a decline in the number of resorts. However, there has been a significant increase in the number of year round residents on the lakes within the CLWD. The few non-agricultural businesses within the CLWD are primarily service oriented to visitors of the lake area and permanent residents. There is no manufacturing or heavy industry within the CLWD. B. PHYSICAL FEATURES Climate The climate of the area has warm summers and cold winters (Figure 4). Because of its location on the continent, Minnesota is subject to large swings in both temperature and precipitation (Figures 4-5). CWLD Plan, 2012-2022 Chapter 2: Description of the District 8 In the winter, the lakes in the CLWD freeze over. The ice-on season averages 153 days, although it is highly variable from year to year. This winter freezing has a major effect on the lakes’ biology. The Detroit Lakes area averages about 24 inches of precipitation annually. The majority of the precipitation occurs in the summer months. Western Becker County has been in a trend of rising water levels since the region entered a wet cycle in the early 1990s. Monthly Temperature Range Average High Average Low 100 Temperature (F) 80 69 60 55 40 37 24 20 16 0 ‐4 80 76 79 69 58 53 57 56 47 44 36 31 35 20 21 17 4 3 ‐20 Figure 4. Monthly temperature range for Detroit Lakes, MN. Average Precipitiation 5 4.41 Precipitation (inches) 4.5 4.03 4 3.67 3.5 2.97 3 3.02 2.5 2.5 2 1.54 1.5 1 1.15 0.76 0.57 1.1 0.64 0.5 0 Figure 5. Monthly precipitation range for Detroit Lakes, MN. CWLD Plan, 2012-2022 Chapter 2: Description of the District 9 Topography In terms of environmental quality, agriculture, and hydrology, understanding the topography of an area enables the understanding of watershed boundaries, drainage characteristics, water movement, and impacts on water quality. Elevations within the CLWD range from approximately 1,325 to 1,494 feet above sea level (Figure 6). Figure 6. Elevation of the Cormorant Lakes Watershed District. CWLD Plan, 2012-2022 Chapter 2: Description of the District 10 Geology Geology in the CLWD can be described as bedrock consisting of slates, granites, minor intrusives and greenstones in part overlain by Cretaceous sediments that include sandstones and shales (Figure 7). These rocks are covered by 300 to 500 feet of glacial deposits consisting of clay, loam till, sandy till and sands and gravels. Some shallow to deep peats and mucks are found in the depression areas throughout the watershed. The Cormorant lakes were formed by the last retreating glacier of the Red River Lobe about 10,000 years ago. As ice chunks broke off from the retreating glacier, they melted in place to form kettle lakes. Figure 7. Geology of the Cormorant Lakes Watershed District left over from the retreating glaciers. Soils Soil textures in the CLWD comprise course-loamy, fine, fine-loamy and sandy types (Figure 8). Soils can affect many aspects of water flowage in the CLWD. Sandy soils are usually well-drained. Loamy soil is composed of sand, silt and clay and generally contains more nutrients and humus than sandy soils. Loams are gritty, moist and retain water easily. Figure 8. Soil textures in the Cormorant Lakes Watershed District. CWLD Plan, 2012-2022 Chapter 2: Description of the District 11 Land Use Land Use in the CLWD is mainly agriculture (42.6%) and open water (32.4%) (Figure 9). Land use data was derived from the Minnesota 2000 Level 1 Landsat Landcover Classification scheme developed by the University of Minnesota’s Remote Sensing and Geospatial Analysis Laboratory and is depicted in Figure 9. The landcover type was derived via multitemporal, multispectral supervised image classification of satellite imagery acquired by the Landsat TM and Landsat ETM+ satellites. The following is a description of the seven level one landcover classes: Urban/Developed - An area containing any amount of impervious cover of man-made solid materials or compacted soils including areas with interspersed vegetation. Examples: parking lots, shopping malls, warehouses, industrial parks, highways, sparse development, single family residential developments, single lane roads, and mines. Agriculture - An area where the primary cover type during the growing season is an agricultural covertype including row crops, forage crops and small grains. Examples: corn, soybeans, alfalfa, oats, wheat and barley. Grassland - An upland area covered by cultivated or non-cultivated herbaceous vegetation predominated by grasses, grass-like plants and forbs. Includes nonagricultural upland vegetation dominated by short manicured grasses and forbs as well as non-cultivated herbaceous upland vegetation dominated by native grasses and forbs. Examples: golf courses, lawns, athletic fields, dry prairies and pastures. Forest - An upland area of land covered with woody perennial plants, the tree reaching a mature height of at least 6 feet tall with a definite crown. To be considered a forested cover type the stand must have a combined species minimum of 3 cords/acre or 1,251 bd ft/acre or 251 stems/acre depending on size class (MNCSA Standards). Examples: white pine, red pine, oak, mixed conifer and mixed deciduous. Water - An area of open water with none or very little above surface vegetation. Examples: lakes, streams, rivers and open wetlands. Wetland - A lowland area with a cover of persistent and non-persistent herbaceous plants standing above the surface of wet soil or water. Examples: cattails, marcs grass, sedges and peat. Shrubland - An upland or lowland area with vegetation that has a persistent woody stem, generally with several basal shoots, low growth of less than 20 feet in height. Area has less than 251 stems/acre of commercial tree species, the shrub species are fairly uniformly distributed throughout and the density of the coverage is moderate to high. Examples: alder, willow, buckthorn, hazel, sumac, and scrub oak. CWLD Plan, 2012-2022 Chapter 2: Description of the District 12 Figure 9. Land use classification in the Cormorant Lakes Watershed District. Table 1. Land use area in the Cormorant Lakes Watershed District. Land Use District Area (acres) Percent of District Area (%) Urban/Developed Agriculture Grassland Forest Water Wetland Shrubland 1,250 10,054 284 3,321 7,641 1,026 20 5.3 42.6 1.2 14.1 32.4 4.3 0.1 Total 23,596 100 CWLD Plan, 2012-2022 Chapter 2: Description of the District 13 Public & Private Land Ownership The majority of the land within the CLWD is privately owned, with approximately 539 acres of public land owned by the U.S. Fish and Wildlife Service and approximately 479 acres of public land owned by the Minnesota DNR (Figure 10). There are also about 450 acres under a U.S. Fish and Wildlife Service perpetual conservation easement that is not depicted in Figure 10. Figure 10. Land ownership in the Cormorant Lakes Watershed District. CWLD Plan, 2012-2022 Chapter 2: Description of the District 14 C. WATER RESOURCES Major Sub-watersheds of the CLWD The CLWD has two major subwatersheds: Spring Creek (56006) and Middle Cormorant Lake (56080) (Figure 11). Water flows from Middle Cormorant Lake Watershed to Spring Creek Watershed and exits the CLWD at the Big Cormorant Lake outlet control structure. Rivers and natural streams There are no large rivers in the CLWD; however, a stream flows out of Bijou Lake into Upper Cormorant Lake. In addition, Spring Creek exits the south end of Big Cormorant Lake and flows into Pelican Lake. Lakes Figure 11. Major subwatersheds of the Cormorant Lakes Watershed District. The CLWD consists of the following lakes and their established ordinary high water level (Table 2). Pursuant to Minnesota Statute 1030.005 subd. (14) the ordinary high water level is defined as: 1) the boundary of water basins, watercourses, public waters, and public waters wetlands; 2) an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominately aquatic to predominately terrestrial. Table 2. CLWD lakes and corresponding ordinary high water levels. Lake Bijou Upper Cormorant Nelson Rossman (Erickson) Middle Cormorant Big Cormorant Lief (Leaf) Tub Pump Shoe Fig Bergeson Peach Pete Larson Eilertson CWLD Plan, 2012-2022 Elevation (ft) 1,369.5 1,354 1,354 1,354.3 1,354 1,354.6 1,354.6 Not established Not established Not established Not established 1,363.3 Not established Not established Not established Not established Chapter 2: Description of the District 15 Wetlands In addition to the above listed lakes, there are many sloughs, wetlands, water courses and basins that comprise subwatersheds that contribute to the major watersheds (Figure 12). These wetlands are important for water storage, water filtration and fish and wildlife habitat. Some of the wetlands in the CLWD have been ditched or partially drained (Figure 13). These areas could be targeted for restoration. Figure 12. Designated wetlands in the Cormorant Lakes Watershed District. Figure 13. Partially drained or ditched wetlands in the Cormorant Lakes Watershed District. CWLD Plan, 2012-2022 Chapter 2: Description of the District 16 Artificial drainage systems There are no judicial ditches located within the Watershed District. Private ditches may be present, and need inventorying, which can be done in cooperation with the Becker Soil and Water Conservation District. Water management structures There is an outlet control structure at the Spring Creek outlet from Big Cormorant Lake (Figure 14). The structure is controlled by the CLWD. D. EXISTING PROGRAMS AND POLICIES Figure 14. Big Cormorant Outlet water control structure location. Local Government Counties. The CLWD is located entirely within Becker County. Becker County has its own Comprehensive Water Plan, completed in accordance with Chapter 103B of the Minnesota Statutes. The Becker County Comprehensive Water Management Plans must be updated every five years in accordance with current Minnesota legislative requirements. It is also a requirement that the comprehensive water plans be consistent with watershed management plans covering the same geographic area. Becker County regulates shore land zoning ordinances for the control of development activity along the shorelines of lakes and streams, sub-surface sewage treatment systems, and the established 100-year flood plains. Townships. Each Township within the watershed district has the authority under Minnesota Law to establish ordinances necessary for the administration of the Township. In some cases, these ordinances relate to water management activities, especially drainage along or through township road systems. Municipalities. There are no existing municipal governments in the CLWD which has been incorporated under Minnesota Law, having the authority to establish ordinances and conduct zoning activities within their territorial limits. Soil and Water Conservation Districts. The Becker County. Soil and Water Conservation District (SWCD) is established under Chapter 103C of the Minnesota Statutes. The purpose of the SWCD is to promote programs and policies which can conserve the soil and water resources within their territorial limits. They are particularly concerned with erosion of soil due to wind and water. Therefore, SWCDs frequently are involved with the implementation of practices that effectively reduce or prevent erosion, sedimentation, siltation, and agriculturally-related pollution in order to preserve water and soil as natural resources. Watershed Districts in Minnesota may act as local sponsors for many types of water management projects, including: grassed waterways, drainage ditches, erosion control structures, and other water-related projects. The SWCDs receive a great deal of technical assistance from the United CWLD Plan, 2012-2022 Chapter 2: Description of the District 17 States Department of Agriculture Natural Resources Conservation Service (NRCS). Adjacent Watershed Districts. The CLWD is bounded to the north and west by the Buffalo Red River Watershed District and the Pelican River Watershed District to the northeast. To the east of the Watershed District is Becker County Judicial Ditch #20. Becker County is the drainage authority under Minnesota law for Judicial Ditch #20. The CLWD may be involved in joint activities with its neighboring watershed districts to coordinate water-related problems which affect both districts. State Government Minnesota Board of Water and Soil Resources. BWSR's duties include oversight programs and funding of State Soil and Water Conservation Districts, formation and guidance of Watershed Districts, the direction and assistance to counties in developing their Comprehensive Water Plans. A major activity of this Board is the development of policy toward the guidance of the development of legislative initiatives involving natural resources enhancement. The BWSR has no regulatory authority. However, it does review and approve water management plans and project activity of watershed districts and soil and water conservation districts. In addition, BWSR provides grant opportunities to LGUs to do water and land protection and restoration projects. Minnesota Department of Natural Resources. The Minnesota Department of Natural Resources (DNR) has both regulatory and an enforcement authority over natural resource programs of the state. The principal divisions of DNR include the Division of Ecological and Water Resources, the Division of Forestry, and the Division of Fish and Wildlife, the Division of Lands and Minerals, the Division of Enforcement and the Division of Parks and Trails. The DNR has permit authority over watershed district projects which impact the Protected Waters jurisdiction of the state. The DNR is also actively involved in helping local units of the government administer floodplain management ordinances and standards. The CLWD frequently cooperates with the DNR in the development and implementation of water management projects which enhance wetlands, wildlife habitat and improve water quality. Minnesota Pollution Control Agency. The Minnesota Pollution Control Agency (MPCA) has both regulatory and enforcement authority relative to potential actions which could affect the quality of the ground waters and surface waters of the state. Since many of the CLWD's projects involve water quality considerations, the Minnesota Pollution Control Agency becomes an active participant in these projects. The MPCA is the main agency assessing water quality and implementing Total Maximum Daily Load (TMDL) studies where needed. The MPCA also is involved with other governmental units, such as Becker County and Townships, in the construction and operation of private septic systems and feedlots that may impact water quality. Minnesota Environmental Quality Board. The Minnesota Environmental Quality Board (EQB) has final authority on permits involving a wide range of construction activity throughout the state. The Board is comprised of the commissioners of state agencies, the chairmen of state boards, and five citizens. The EQB bases its decisions on formal environmental assessments or environmental impact statements written for specific project proposals. CWLD Plan, 2012-2022 Chapter 2: Description of the District 18 Minnesota Department of Health. The Minnesota Department of Health (MDH) has permit authority and regulatory authority for monitoring water supply facilities. These facilities include water wells, surface water intakes, water treatment, and water distribution for public use. Minnesota Department of Transportation. Several County and State Aid highway systems are administered by the Minnesota Department of Transportation within watershed district boundaries. CLWD projects requiring structures through MDOT regulated highways require coordination and approval by the MDOT. In a similar fashion, MDOT activities relating to improvements of their highway systems usually require a permit from the watershed district. The CLWD has executed a memorandum of understanding with MDOT to provide early notification and input for projects planned within the CLWD. Federal Government U.S. Army Corps of Engineers. The U.S. Army Corps of Engineers has permit and regulatory authority over some projects of the CLWD. In addition the Corps of Engineers has been actively involved in project development and construction in other watershed districts. U.S. Department of Agriculture. Two major agencies of the U.S. Department of Agriculture have had a great deal of impact on the activities of the CLWD. The Natural Resource Conservation Service (NRCS) has traditionally provided technical advice and engineering design services to the local Soil and Water Conservation District within the CLWD. Under the Food Security Act of 1985, the USDA, through the ASCS and the SCS, administers rules which, if violated, will result in the denial of agricultural subsidies and other governmental benefits. The Managers believe the Conservation Reserve Program (CRP) has had a favorable impact on water quality. U.S. Fish and Wildlife Service. The U.S. Fish and Wildlife Service (USFWS) has been actively involved in the restoration of wetlands previously drained on agricultural land and now in the Conservation Reserve Program of the U.S. Department of Agriculture. The USFWS has developed wetland projects which beneficially affect the water management activities of the CLWD. In constructing these wetland projects, the USFWS is required to obtain a permit from the CLWD before progressing, if the project is located within the territorial jurisdiction of the CLWD. Private Organizations Ducks Unlimited (DU) is primarily involved in the design, construction, and funding of projects enhancing duck habitat. The CLWD is interested in cooperating with Ducks Unlimited in the development and funding of multipurpose projects for duck habitat and flood control. Miscellaneous Wildlife, Conservation Lake Associations, and Sportsmen's Organizations. Within the CLWD, there are numerous sportsmen's clubs and wildlife preservation groups. These organizations sponsor a wide variety of environmentally positive initiatives, including wildlife habitat, wetland development, and other activities which are beneficial to and consistent with the goals of the Cormorant CWLD Plan, 2012-2022 Chapter 2: Description of the District 19 Lakes Watershed CLWD. The CLWD has an ongoing policy of cooperating with these groups in the development of projects of mutual benefit. CWLD Plan, 2012-2022 Chapter 2: Description of the District 20 Chapter 3: Assessment of Resources A. WATER RESOURCES A complete assessment of water quality in Big Cormorant, Upper Cormorant and Middle Cormorant Lakes is scheduled to be completed by RMB Environmental Laboratories in the winter of 2011. The results from these reports will be added as a future appendix to this plan, and will help guide the CLWD in future projects. Lake Water Quality Trophic State Index (TSI) is a standard measure or means for calculating the trophic status, or productivity, of a lake. More specifically, it is the total weight of living biological material (biomass) in a waterbody at a specific location and time. Phosphorus (nutrients), chlorophyll a (algae concentration) and Secchi depth (transparency) are related. As phosphorus increases, there is more food available for algae, resulting in increased algal concentrations. When algal concentrations increase, the water becomes less transparent and the Secchi depth decreases. Figure 15. Trophic states of CLWD lakes. Trophic states are defined divisions of a continuum in water quality. The continuum is total phosphorus concentration, chlorophyll a concentration and Secchi depth. Scientists define certain ranges in the above lake measures as different trophic states so they can be easily referred to. The CLWD lakes fall into the mesotrophic and eutrophic categories (Table 3, Figure 15). See the next page for a description of each category. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 21 Table 3. Trophic state and trophic state index for lakes in the Cormorant Lakes Watershed District. Lake Big Cormorant Mean TSI 41 Trophic State Mesotrophic Mean TSI Secchi 36 Mean TSI phosphorus 45 Mean TSI chlorophyll a 41 Middle Cormorant 46 Mesotrophic 43 47 47 Nelson 48 Mesotrophic 48 49 47 Upper Cormorant 50 Eutrophic 48 52 51 Leif 53 Eutrophic 51 53 54 Bijou 54 Eutrophic 51 56 55 Rossman 55 Eutrophic 53 58 54 Table 4. Explanation of the trophic state index and lake conditions. Modified from: Carlson, R.E. 1997. A trophic state index for lakes. Limnology and Oceanography. 22:361-369. Eutrophication TSI Attributes Fisheries & Recreation <30 Oligotrophy: Clear water, oxygen throughout the year at the bottom of the lake, very deep cold water. Trout fisheries dominate. 30-40 Bottom of shallower lakes may become anoxic (no oxygen). Trout fisheries in deep lakes only. Walleye, Cisco present. 40-50 Mesotrophy: Water moderately clear most of the summer. May be "greener" in late summer. No oxygen at the bottom of the lake results in loss of trout. Walleye may predominate. 50-60 Eutrophy: Algae and aquatic plant problems possible. "Green" water most of the year. Warm-water fisheries only. Bass may dominate. 60-70 Blue-green algae dominate, algal scums and aquatic plant problems. Dense algae and aquatic plants. Low water clarity may discourage swimming and boating. 70-80 Hypereutrophy: Dense algae and aquatic plants. Water is not suitable for recreation. >80 Algal scums, few aquatic plants. Rough fish (carp) dominate; summer fish kills possible. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 22 Ecoregion Comparisons Minnesota is divided into 7 ecoregions based on land use, vegetation, precipitation and geology. The MPCA has developed a way to determine the "average range" of water quality expected for lakes in each ecoregion. The MPCA evaluated the lake water quality for reference lakes. These reference lakes are not considered pristine, but are considered to have little human impact and therefore are representative of the typical lakes within the ecoregion. The "average range" refers to the 25th - 75th percentile range for data within each ecoregion. Western Becker County is in the Central Hardwood Forest Ecoregion (Figure 16). This ecoregion is an area of transition between the forested areas to the north and east and the agricultural areas to the south and west. The Figure 16. Minnesota Ecoregions. terrain varies from rolling hills to smaller plains. Upland areas are forested by hardwoods and conifers. Plains include livestock pastures, hay fields and row crops such as potatoes, beans, peas and corn. The ecoregion contains many lakes, and water clarity and nutrient levels are moderate. Land surrounding many of these lakes has been developed for housing and recreation, and the densely populated metropolitan area dominates the eastern portion of this region. Water quality problems that face many of the water bodies in this area are associated with contaminated runoff from paved surfaces and lawns. All of the lakes in the CLWD are within the ecoregion averages (Table 5). Big Cormorant Lake is better than the expected average. See the table on the next page for details. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 23 Table 5. CLWD lakes compared to the ecoregion average range. Ecoregion: Total Phosphorus (ug/l) Chlorophyll a (ug/l) Secchi Water Clarity (ft) North Central Hardwood Forest Leif Lake Big Cormorant 202 (Main) Big Cormorant 204 (south bay) Rossman Upper Cormorant Nelson Middle Cormorant Bijou 23 –50 32.6 20.3 15.3 45.5 29.7 23.6 22.1 38.3 5 – 22 12.1 3.6 3.7 14.6 11.2 7.6 6.5 14.1 4.92 – 10.5 6 17.4 15.1 5.3 8.2 7.6 10.2 6.2 Within ecoregion average for all three parameters Better than ecoregion average for phosphorus and within average for other parameters Within ecoregion average for all three parameters Discussion Within ecoregion average for all three parameters Better than ecoregion average for all three parameters Better than ecoregion average for all three parameter Within ecoregion average for all three parameters Within ecoregion average for all three parameters Ecoregion averages are the interquartile range (25th-75th) percentile for Ecoregion Reference Lakes, MPCA http://www.pca.state.mn.us/index.php/topics/environmental-data/eda-environmental-data-access/eda-surface-water-searches/eda-guide-to-typical-minnesota-water-qualityconditions.html CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 24 Impaired Waters The Clean Water Act requires states to publish a list every two years (even years) of the lakes not meeting certain water quality standards. This list is called the Impaired Waters List, and currently the 2010 version is in draft form. Data for each lake are assessed and tied to a designated use. For lakes, the most common types of impairment are mercury in fish tissue for the use of aquatic consumption (fish) and excess phosphorus for the use of aquatic recreation. Eutrophication The standard for excess phosphorus impairment in the western half of Becker County (North Central Hardwood Forest Ecoregion) is 45 ppb (ug/L) total phosphorus. To be considered impaired for phosphorus, a lake must have at least 10 data points of each phosphorus, chlorophyll-a and secchi disk in the past 10 years over these standards. Each lake is carefully considered by the MPCA and the data quality is checked. No lakes in the CLWD are considered impaired for phosphorus as of 2010. Mercury For excess mercury in fish tissue, the MPCA says "A water body will be considered impaired when the recommended fish consumption frequency is less than one meal per week for any member of the population." Mercury is a different type of pollutant in that most of it comes from outside Minnesota and is deposited here from the air. Approximately 30% of the mercury deposited by air in Minnesota originates from natural sources, such as volcanoes; 60% of mercury comes from human activities outside the state such as coal-fired power plants and mining. The remaining 10% originates in the state. Big Cormorant and Leif Lakes are considered impaired for mercury. They are part of the 2008 Mercury TMDL. TMDL stands for Total Maximum Daily Load. A TMDL defines how much of a pollutant can be in the water and still allow the lake to meet designated uses such as fish consumption and aquatic recreation. The long-term goal of the Mercury TMDL is for the fish to meet water quality standards; the approach for Minnesota’s share is mass reductions from state mercury sources. This Mercury TMDL establishes that there needs to be a 93% reduction in state emissions from 1990 for the state to meet its share. Water point sources will be required to stay below 1 percent of the total load to the state and all but the smallest dischargers will be required to develop mercury minimization plans. Air sources of mercury will have a 93% emission reduction goal from 1990 levels. Air sources will be divided into three sectors: products, energy, and mining. To read more about the Mercury TMDL, please visit the MCPA website: http://www.pca.state.mn.us/index.php/water/water-types-andprograms/minnesotas-impaired-waters-and-tmdls/tmdl-projects/special-projects/statewide-mercury-tmdlpollutant-reduction-plan.html. It is important to note that just because a lake is not named on list that it is impaired for mercury, does not mean that it is safe to eat unlimited amounts of fish. It may just mean that it hasn't been tested yet. For fish consumption advice, please visit: http://www.health.state.mn.us/divs/eh/fish/index.html. MPCA Watershed Assessment Schedule CLWD is in the Otter Tail River Major Watershed (for more details, see page 5). This watershed is scheduled for assessment in 2016. In 2016, the MPCA will do a complete study of the surface water quality of the watershed and determine if any Total Maximum Daily Load (TMDL) projects are needed. Information from this assessment will be included in a future appendix to this plan. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 25 Fisheries Assessments Big Cormorant Status of the Fishery (as of 08/04/2008) Big Cormorant is regarded as an excellent natural prairie walleye lake. At 3,421 acres, it is the second largest lake in Becker County. Its relatively close proximity to the Fargo-Moorhead area results in heavy angling pressure and shoreline development. High water levels during the late 1990's resulted not only in changes to the shoreline and low-lying homes and cabins, but also in changes to the fish community. The recently high water levels opened up additional northern pike spawning habitat and the lake's pike population is still responding. The catch rate of pike reached its historical high in 2008 at 9.5 pike per gill net. The lake's historic average is 3.5 pike per set. The high water effects on the pike population is illustrated in the fact that in seven surveys prior to 2002, the average catch rate of northern pike was just 1.8 per set. Increases in numbers of small pike often result in decreases in yellow perch, the primary forage fish for walleye and northern pike in most lakes. This is what appears to be occurring in Big Cormorant since yellow perch catches have remained substantially lower than normal since 2002. Fortunately, the walleye population does not appear to have been adversely affected by the abnormally high northern pike numbers. The 2008 walleye catch rate was higher than the lake's historical average at 30.1 walleyes per experimental gill net. Sampled walleyes averaged approximately 14 inches in length and 1.2 pounds in weight in 2008. Cormorant Lake is an excellent natural walleye lake with two strong year classes poised to enter the current fishery. The 2005 and 2006 year classes both made up significant portions of the walleye sample in 2008. In addition to the periodic, mid-summer test netting, the DNR began annual, fall electrofishing for young-of-theyear walleyes in Big Cormorant in 2000. These studies indicated that year classes from the years 2000 and 2004 were weak and those from 2001, 2002, 2003, 2005, and 2007 were relatively strong. Age class frequencies from mid-summer test netting in 2008 appear to show similar findings. This means that fall electrofishing data can probably be used as a reliable indicator of year class strengths in Big Cormorant. While fish from the 2007 and 2008 year classes were too small to be completely vulnerable to sampling gear in summer, fall electrofishing yielded catch rates of 38 and 32 young walleyes per hour, respectively. Fall electrofishing catch rates over 30 young-of-the-year walleyes per hour are considered relatively strong and this bodes well for near future walleye angling in Big Cormorant. Smallmouth bass are another target species present in good numbers. Smallmouth bass and bluegill catches were higher in 2008 than those reported in any of the nine previous surveys since 1954. Black crappies and largemouth bass can also be found in moderate numbers. Big Cormorant Lake is scheduled to be surveyed again in 2011. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 26 Middle Cormorant Status of the Fishery (as of 08/02/2010) This lake is ecologically well suited to largemouth bass, panfish, and northern pike. Good walleye spawning habitat is scarce in Middle Cormorant, but immigration is possible from the other connected lakes. The modest walleye fishery is sustained by a combination of immigration and regular stocking. Walleyes sampled in 2010 averaged a healthy 1.8 pounds each. Northern pike were small and more abundant with an average weight of 2.1 pounds but some pike over 30 inches were also found. Bluegill test net catches were up from the 2004 study but still within the normal range for similar lakes. The numbers of large bluegill (over 8.0 inches) in Middle Cormorant were much fewer in assessments since 1983 than in those conducted during the 1960's and 1970's. A few have shown up in the two most recent surveys, but big bluegills are still rare. It is believed that angler exploitation is the primary factor. What appears to be happening is common in many bluegill lakes. As soon as bluegills reach sizes acceptable to anglers, they are being harvested. Thus, only smaller fish remain. If there is public support, special regulations may hold potential in this lake for increasing the number of larger bluegills. The diverse fish community in Middle Cormorant currently reflects relatively good water quality. There are very few black bullheads. There is an average population of larger than normal walleyes in the lake compared to ecologically similar lakes. There are good numbers of small northern pike and bluegill. Anglers can help increase the average size of these species by releasing bluegills over seven inches and northern pike over 24 inches. Other fish species found in this lake include black crappie, yellow perch, yellow bullhead, brown bullhead, hybrid sunfish, pumpkinseed sunfish, white sucker, carp, and rock bass. Smallmouth bass have also been found during past studies but none were caught in 2010. This species is known to inhabit Big Cormorant which is the next lake downstream in the chain. Upper Cormorant Status of the Fishery (as of 08/13/2007) Upper Cormorant is a popular, all-around fishing lake located in southwestern Becker County. Two narrow channels that may not be navigable during lower water years connect Upper Cormorant Lake with Rossman Lake and Nelson Lake to the east. Upper Cormorant has a diverse fish community that offers anglers a variety of fishing opportunities. Top predators include northern pike, walleye, and largemouth bass. Pike were present in numbers typical for this lake. Although northern pike growth rates are good in Upper Cormorant, few large pike were found. Half the sampled pike were attributed to the 2005 year-class (age two). Test net catches of walleye were near the lake's historic average at 6.2 per set in 2007. The average weight of a sampled walleye was 1.7 pounds. Walleye fingerlings are stocked in this lake annually to supplement very limited natural reproduction. Bluegills and black crappies are also common. Although bluegills are somewhat slow growing in this lake, there were enough older fish present to provide opportunities to catch good numbers of bluegills over seven inches in length. The black crappie sample was comprised of fish from several year classes, but age four crappies made up one-third of sampled fish. The average size of Upper Cormorant crappies was 9.6 inches or about a half pound. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 27 Rossman Lake Status of the Fishery (as of 06/21/1993) Rossman (Erickson) Lake has a tendency to partially winterkill during some winters. Algal blooms and low water clarity often make mid-summer angling difficult. Fish populations are somewhat indicative of a winterkill lake with high populations of black bullhead, northern pike, and bluegill. Northern pike tend to be somewhat small; average length is just 18.5". Bluegill, on the other hand, are relatively large in size. Over 60% of them are longer than six inches and nearly 10% are over eight inches long. Black crappie, yellow perch, and largemouth bass are all present in low to normal abundance and average size. Carp numbers seem to have leveled off during the past 10 years. The large carp now present (average weight is nearly 7 lbs.) may be less harmful to the lake than an abundance of smaller ones. Walleye probably succumbed to winterkill during 1993 since none were caught in test nets. Leif Lake Status of the Fishery (as of 08/18/2008) Leif Lake is primarily suited for northern pike, bass, and panfish and these are generally the fish species most anglers target in this lake. A few walleyes are present in the fishery, as well. Three-fourths of the walleyes sampled in 2008 were either immigrants from Big Cormorant or naturally reproduced because none were stocked between 1984 and 2005. Walleye stocking was resumed in 2006 and the current plan calls for biennial stocking to continue. It remains to be seen if stocking will be effective at increasing walleye catches in Leif Lake. Walleyes sampled in test nets in 2008 averaged 17.3 inches in length with an average weight just under two pounds. Walleyes do not grow rapidly in this lake, likely because of the historically low numbers of yellow perch. Yellow perch are a primary forage for walleye, northern pike, and largemouth bass in most Minnesota lakes and an important part of the fish community. Bluegills and other sunfishes were the most abundant species in test net catches. Average sizes of these fish have decreased over the past few decades and the average length of sampled bluegill was just 5.0 inches in 2008. No bluegills larger than 8.0 inches have been found in test nets since the 1998 survey. Interestingly, over half the bluegills sampled in 1967 (the initial survey) were longer than eight inches. Fishing harvest is likely responsible for the recent decrease in bluegill sizes. Anglers tend to keep bluegills longer than about 6.5 to 7.0 inches and throw back smaller ones. This would explain the sharp cutoff of larger bluegills in Leif Lake. It takes about eight or nine years for bluegills to reach lengths over eight inches in Leif Lake. Largemouth bass and black crappies were also found in moderate numbers in 2008. Crappies were generally small and young. Bijou Lake Status of the Fishery (as of 06/05/2006) Beseau Lake has a history of providing fair to good fishing for panfish, bass, northern pike, and walleye between winterkills. Severe winterkills have not been frequent in this lake. However, it did experience heavy fish mortality in 1994, moderate mortality in 2001, and very light mortality in 2004. The 2001 kill occurred despite the operation of an aeration system by the lake association in cooperation with the Cormorant Lakes Sportsmen's Club. Even though walleyes have been stocked regularly for over two decades, and sporadically since 1916, test net catches have consistently remained quite low in this lake. The gill net catch rate in 2006 was 1.2 walleyes per set. Although walleyes were not abundant, they were relatively large with an average length of 21.8 inches and average weight of 3.8 pounds. Bijou Lake is scheduled to be surveyed again in 2011. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 28 Northern pike and black crappie have survived in this lake without stocking. Catch rates for both were slightly above the lake's historical averages in 2006. Pike averaged about 2.5 pounds in weight and 22.9 inches in length, though fish over 30 inches were sampled. Crappies were generally young and small, but a few larger individuals were found and there is a strong 2003 year class that should provide good fishing in coming years if no winterkill occurs. Increasing numbers of black bullheads may be an indicator of declining water quality in Bijou Lake. One data point is not sufficient to draw any firm conclusions, but does illustrate the need to be vigilant. In six lake studies from 1964 through 2001, black bullhead catches had never risen higher than 18.4 per trap net. In 2006, catch rates rose to 166.9 black bullheads per trap net. It behooves lakeshore owners and all watershed dwellers to be good land stewards in order to slow the aging process in this lake that is already marginal for supporting a fish community. B. SHORELINE DEVELOPMENT Shoreline Inventory Description There are two main benefits to maintaining a natural shoreline: to slow runoff and filter nutrients that might otherwise reach your lake, and to maintain a healthy habitat for fish, birds, insects and other animals that live in and around the lake. A natural shoreline can also increase privacy, increase property value, enhance aesthetics, and deter nuisance geese. A photographic inventory of each lake in the CLWD’s shoreline was conducted in the summer of 2004. The objectives of the survey were to characterize existing shoreland conditions which will serve as a benchmark for future comparisons. Each parcel on the lake was photographed and rated for the following items: boats, personal watercraft, weedrollers, sand blankets, retaining walls, paved, storage sheds, vegetation alteration, land alteration and littoral zone alteration. In addition, each parcel was rated as to whether it was in a natural state or not. The results for each lake are in Table 6 below. Table 6. Natural shoreline acreage comparison for the CLWD lakes. Lake Big Cormorant Middle Cormorant Leaf Nelson Rossman Upper Cormorant Bijou Percentage of shoreline acreage in a natural state 23.33% 27.66% 47.0% 62.72% 64.27% 66.91% 71.16% Assessment Usually, the more developed a lake is, the less shoreline acreage is in a natural state. This trend is shown in the results in Table 6. Big Cormorant and Middle Cormorant have a very small percentage of their shoreland acreage in a natural state, yet each lake has room for improvement. For full results from each lake, please contact the CLWD. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 29 In the next five to ten years proactive volunteer native landscaping could improve the natural aspects of lakeshore parcels. Improving the percentage of naturally landscaped parcels will improve water quality and fish and wildlife habitat in CLWD lakes. To promote shoreline restoration, the CLWD will refer property owners to the Becker Soil and Water Conservation District and their cost share programs. In addition, the CLWD could provide cost-share funding for restoration projects, or apply for Shoreline Habitat Restoration Grants from the DNR to provide financial assistance to property owners interested in restoring their shoreline. Building Pressure Building Permits Because the CLWD is mainly made up of lakes (32.4%) there is a fair amount of building pressure around the lakes. What used to be seasonal cabins are now being expanded to large year-round homes. In 2010, 112 building permits were paid for and released in the CLWD. Through July 2011, 85 permits have been released. The permit requests are mainly for decks, storage sheds, and new homes. Impervious Surface Another way to track building pressure is through changes in impervious surface. Most changes in impervious surface have occurred around the lakeshore. The lakes where most change occurred between 1990-2000 were Middle Cormorant and Big Cormorant (Figure 17). These results match the shoreline inventory results that showed Big and Middle Cormorant Lakes to have the least percentage of natural shoreline. Figure 17. Land use change in the CLWD from 1990-2000 (UMN LandSat). Assessment The CLWD works with Becker County Planning and Zoning to regulate development through the issue of building permits. In the Becker County ordinance, impervious surface is not allowed to exceed 25% of any residential lot. On substandard size lots, impervious surface coverage over 15% must be offset with mitigation. Impervious surface includes structures or anything that reduces or prevents the infiltration of water, such as: driveways (asphalt / class 5); parking areas; concrete; impervious pavers; walks; decks; patios; houses; garages, CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 30 etc. Mitigation options include reducing impervious surface coverage, stormwater management, installation of a shoreline berm or buffer. The CLWD’s rules are more restrictive than Becker County’s rules for properties in the shore impact zone. The CLWD requires permits for additional items, such as alterations to land, impervious surface, or vegetation in the Shore Impact Zone, Bluff Impact Zone, or steep slopes in a Shoreland Zone (see Appendix A). The CLWD managers meet on-site with the county when inspecting new projects. The CLWD will continue to work with Becker County to enforce the zoning ordinances. Land Use Changes The catchment of a lake is the land area that drains into that lake. In comparing land use changes from 1990-2000 in the catchments of each of the CLWD’s lakes, one can see the transition from agriculture, grass/shrub/wetland, to forest and urban acreages (Tables 7-13). It is important to watch the urban development so that it does not impact the water quality of District lakes. The CLWD will work with Becker County to educate and enforce the zoning ordinances. Table 7. Land use changes in the Leif Lake catchment. 1990 Land Cover Acres Agriculture Grass/Shrub/Wetland Forest Water Urban 1,697 223 216 730 156 Percent 56.08 7.37 7.14 24.12 5.16 2000 Acres Percent 1,547 179 400 698 198 51.12 5.92 13.22 23.07 6.54 1990 to 2000 Percent Change 9% Decrease 20% Decrease 85% Increase 4% Decrease 27% Increase Table 8. Land use changes in the Bijou Lake catchment. 1990 Land Cover Acres Agriculture Grass/Shrub/Wetland Forest Water Urban 691 44 164 295 53 Percent 55.46 3.53 13.16 23.68 4.25 2000 Acres Percent 621 82 220 264 60 49.84 6.58 17.66 21.19 4.82 1990 to 2000 Percent Change 10% Decrease 86% Increase 34% Increase 11% Decrease 13% Increase Table 9. Land use changes in the Upper Cormorant Lake catchment. 1990 Land Cover Acres Agriculture Grass/Shrub/Wetland Forest Water Urban 1870 479 450 991 139 CWLD Plan, 2012-2022 Percent 47.62 12.20 11.46 25.24 3.54 2000 Acres 1633 441 663 1019 172 Percent 41.58 11.23 16.88 25.95 4.38 Chapter 3: Assessment of Resources 1990 to 2000 Percent Change 13% Decrease 8% Decrease 47% Increase 3% Increase 24% Increase 31 Table 10. Land use changes in the Rossman Lake catchment 1990 Land Cover Acres Agriculture Grass/Shrub/Wetland Forest Water Urban 1313 195 208 454 68 2000 Percent Acres 58.67 8.71 9.29 20.29 3.04 1204 153 333 469 79 Percent 53.80 6.84 14.88 20.96 3.53 1990 to 2000 Percent Change 8% Decrease 22% Decrease 60% Increase 3% Increase 16% Increase Table 11. Land use changes in the Middle Cormorant Lake catchment. 1990 Land Cover Acres Agriculture Grass/Shrub/Wetland Forest Water Urban 456 91 127 443 49 2000 Percent Acres 39.21 7.82 10.92 38.09 4.21 415 48 168 445 89 Percent 35.68 4.13 14.45 38.26 7.65 1990 to 2000 Percent Change 9% Decrease 47% Decrease 32% Increase No Change 82% Increase Table 12. Land use changes in the Big Cormorant Lake catchment Land Cover 1990 Acres Percent 2000 Acres Percent Agriculture Grass/Shrub/Wetland Forest Water Urban 2598 537 596 3929 311 2348 231 890 4044 458 32.60 6.74 7.48 49.30 3.90 29.46 2.90 11.17 50.74 5.75 1990 to 2000 Percent Change 10% Decrease 57% Decrease 49% Increase 3% Increase 47% Increase Table 13. Land use changes in the Nelson Lake catchment. 1990 Land Cover Acres Agriculture Grass/Shrub/Wetland Forest Water Urban 645 152 135 490 49 CWLD Plan, 2012-2022 Percent 43.76 10.31 9.16 33.24 3.32 2000 Acres 618 61 237 491 65 Percent 41.93 4.14 16.08 33.31 4.41 Chapter 3: Assessment of Resources 1990 to 2000 Percent Change 4% Decrease 60% Decrease 76% Increase No Change 33% Increase 32 Subsurface Sewage Treatment Description Becker County has a subsurface sewage treatment (SSTS) inspection program for lakes. All parcels that have a residence should have a Certificate of Compliance for their septic system on file in the Zoning Office. A Certificate of Compliance on new installations is valid for five (5) years and re-certifications are valid for three (3) years. For the purpose of septic system inventory projects, a property must have a certificate of compliance that has been issued within the past ten (10) years. Certificates are required for building projects as well. Each year, the county pulls the septic system records on approximately three lakes and determines which lakes have up-to-date certificates of compliance, which lakes have outdated certificates of compliance, and which lakes do not have certificates of compliance. The county program is on a 10 year rotation with the goal being to inspect every lake once in a decade. Assessment Upper Cormorant Lake completed the county inspection program in 2008. There were 202 parcels included in the study and 149 (74%) needed additional information or a new inspection. The deadline for response was September 30, 2009. By the deadline, all but three parcels were in compliance. In July 2011, only two parcels remain non-compliant. One of these parcels is under water with no pending action. The other remains an open item. Rossman (aka Erickson) Lake completed the county inspection program in 2010. There were 71 parcels included in the study and 37 (52%) needed additional information or a new inspection. The deadline for compliance is September 30, 2011. It is clear from the two lakes that participated in the compliance program above, that many parcels have out-ofdate certificates of compliance or are non-compliant. This is troubling for water quality in the CLWD. The CLWD will work with the Lake Associations to educate property owners about the county’s inspection schedule and encourage landowners to be proactive and have their systems inspected before the county requires it. C. WATERSHED ASSESSMENT Soil Erosion Risk Figure 18 shows the potential soil erosion risk in the CLWD. Larger values indicate soils that have a higher potential to erode if no conservation practices were in place and overland sheet or rill runoff was present. Individual subwatersheds are currently being inventoried (2011) and assessed by the CLWD Engineer for erosion risk at a more finite level. The results from this assessment will be taken into account for future management. In addition, the high erosion risk areas in Figure 18, could be shared with the Becker SWCD to work together to plant and/or better stabilize these areas to prevent future erosion. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 33 Figure 18. Potential erosion risk in areas in CLWD. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 34 Erosion Potential Priority Area Identification The District Engineer, Erik Jones (Houston Engineering, Inc.), evaluated the watershed for erosion potential. Drainage area determination and a terrain analysis was required to determine the erosion potential within the smaller catchments of the Watershed District. This evaluation resulted in maps showing overland flow paths and overland pour points along with a rating of severity. The maps have been downsized to fit into this report. For a larger version of the map, please see the CLWD website: www.cormorantwatershed.org. In addition, for a detailed summary of this erosivity analysis see Appendix B. Drainage Area: Figure 19 shows the local drainage area of the watershed for each large lake within the CLWD, distinguishing between the contributing watershed and non-contributing watershed. For example, the local drainage area for Big Cormorant Lake is 12.52 square miles of which 9.92 square miles is directly contributing via runoff and 2.60 square miles is non-contributing based on surface runoff. To get the total cumulative drainage area to Big Cormorant Lake, the drainage areas of the upstream lakes would need to be added to the local drainage area for the lake. It is helpful to distinguish between the contributing watershed and the non-contributing watershed when planning improvement projects around the lakes. Table. 14. Watershed areas for CLWD lakes. Lake Total Local Watershed Area (sq. mi.) Bijou 1.98 Upper Cormorant 7.96 Rossman 3.37 Middle Cormorant 5.34 Big Cormorant 12.52 Leif/Leaf 4.88 Contributing (sq. mi.) Non-contributing (sq. mi.) 1.88 4.63 2.86 2.49 9.92 4.41 0.09 3.33 0.51 2.85 2.6 0.47 Erosion Potential for Lakes: Figures 20-21 show the erosion potential for the CLWD lakes. Areas with high erosivity scores to their pour points into the lakes show up as red triangles and areas with lower erosion potential values show up as green. The Revised Universal Soil Loss Equation (RUSLE) and Stream Power Index (SPI) values are also summarized along the runoff flow paths. Again, areas of concern show up with redder colored lines while lower concern areas are color-coded with green lines. The red flow paths and triangles indicate the highest erosion and sediment delivery potential. These areas should be first priority for ground truthing and then targeting with implementation projects. These maps will be used to prioritize areas for implementation projects such as sediment basins, grassed waterways, shoreline restoration, wetland restoration, and possibly structural measures such as riprap armoring in severe erosion locations. Having priority areas already identified will also position the CLWD well for receiving grant funding for implementation projects. The next step in evaluating the watershed for potential sediment control projects is to ground-truth the areas with red flow paths and red pourpoints to verify the GIS model. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 35 Figure 19. Drainage area for each lake highlighting the contributing areas and non-contributing areas to each lake. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 36 Figure 20. Erosion potential for the western portion of the CLWD. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 37 Figure 21. Erosion potential for the eastern portion of the CLWD. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 38 D. AQUATIC INVASIVE SPECIES Species present in the CLWD Currently, Curly-leaf pondweed is the only invasive species present in the CLWD (Figure 19). Curly-leaf pondweed was discovered in Upper Cormorant Lake in 2006. In 2008, the Upper Cormorant Lake Association partnered with the CLWD to apply for a DNR grant that assists with the cost of chemically treating the curly-leaf pondweed. This program has been a success; Upper Cormorant Lake has been treated from 2009-2011 and the density of curly-leaf pondweed has decreased significantly. This program is expected to be ongoing as it is nearly impossible to completely eradicate invasive species from a lake. Curly-leaf pondweed has also been identified in Middle Cormorant Lake; however, it was determined to be a limited infestation. No herbicidal treatment is occurring in Middle Cormorant Lake presently (through 2011). Infestation risks There are many invasive species in close proximity to the CLWD including Zebra mussels and Eurasian flowering rush (Figure 19). The CLWD feels that currently the largest threat is the Zebra mussels in Pelican Lake. Because Big Cormorant and Pelican Lakes are only a couple miles apart, many boats and sail boats go back and forth between the lakes. Zebra mussel veligers (larvae) can be unknowingly transported between lakes in water at the bottom of a boat, a live well, minnow buckets and by docks, swim platforms, boat lifts and aquatic vegetation. Eurasian flowering rush is established in the Detroit Lake chain including Detroit, Muskrat, Sallie, Melissa and Mill Lakes (Figure 22). The only way Eurasian flowering rush could spread to the Cormorant lakes would be if someone transported a plant fragment. This is less likely if boaters inspect their boats and trailers for plant fragments after leaving lakes. Big Cormorant Lake has participated in the DNR Boat Access Inspection Program from 2010-2011, where DNR interns have been posted at the lake accesses and inspected and interviewed boaters entering and leaving the lake. This program will help with education and with invasive species prevention. There are a number of invasive species in Minnesota and at our doorstep that are potential threats to the Cormorant Chain of Lakes. Those that are in Minnesota, but not in Becker County yet include Eurasian watermilfoil, Faucet snails, and Spiny water flea. Invasive species that are present in the Great Lakes but not Minnesota yet include Quagga mussels, Bighead and Silver carp (as of 2011). Prevention practices must be put in place at all lakes to prevent the continued spread of invasive species. To view the most up-to-date infested waters list, learn about invasive species and related laws, and the latest statewide news on invasive species, visit the DNR’s website: http://www.dnr.state.mn.us/invasives/index_aquatic.html. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 39 Figure 22. Map of infested waters surrounding the Cormorant Lakes. E. WATERSHED HYDROLOGY Water levels Historic records show that lake levels rose early in the 20th century, were stable during the middle of the century and then substantially increased in the 1990s through 2000s. Northwest Minnesota has experienced above average precipitation for the past 15 years. This has a cumulative effect in lakes and the water table. In the 1990s, the Cormorant Lakes experienced historically high water. At the time, many properties were damaged or destroyed. Over the years, people have adjusted to the higher water levels and there is a lot of riprap around the lake. In 1997, Houston Engineering installed a control structure at the outlet of Big Cormorant Lake. This structure has helped regulate water levels, and water levels haven’t been 2 feet over the ordinary high water since then. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 40 The ordinary high water (OHW) marks were set by the DNR. In the 1970s, Big Cormorant was set at 1354.6 because that was determined to be the least damaging to riparian properties. The OHW have been confusing to area residents because each lake is slightly different (see Table 2 on page 15). The CLWD would like to work with the DNR better explain the existing OHW benchmarks. The DNR responded (12/1/2011) that DNR Ecological Waters staff has reviewed DNR records and determined that downstream waters were surveyed in 1998, but no official OHW was obtained and no information is available on the culverts between Big and Middle Cormorant (or any solid survey for lakes connected in that area). They plan to revise the outlets and benchmarks for Upper Cormorant, Middle Cormorant, Big Cormorant, and possibly Nelson and unnamed (3-752) if connections are found. The DNR Area Hydrologist will share the revised information with CLWD when it becomes available. Tree loss in the shoreline zone Description Before humans settled northern Minnesota, many of the lakes had trees along the shoreline. When we started building cabins and houses, we removed many of the trees and replaced the area with manicured lawns. Many of the new seedlings under existing trees get mowed over now, and many of our mature trees are dying due to age or disease. In the next few decades, if the mature trees are gone, there will be no young trees to replace them. Trees are important for many reasons. First, they are an excellent inexpensive and attractive way to control runoff and erosion. Roots hold soil and help stabilize slopes. Rain and high water can cause runoff and erosion into the lake that carries with it nutrients and pollutants. The nutrients (phosphorus and nitrogen) feed algae and pollutants can affect water quality and habitat quality. When a lake lot has a lot of paved area (impervious surface) and groomed lawn, the rain runs right into the lake instead of absorbing into the ground. A natural buffer of native plants, shrubs and trees can filter and absorb this runoff so that it doesn't impact the lake. Trees are also important to maintain a healthy habitat for fish, birds, insects and other animals that live in and around the lake. Trees that hang over the water provide shade for fish and other aquatic animals and protection for animals living along the shoreline. Having trees in your yard will also attract songbirds. A natural shoreline can increase privacy, increase property value, enhance aesthetics, and deter nuisance geese. Geese love a freshly mowed lawn. Assessment The CLWD is concerned about the loss of trees in the shoreland zone. To try and protect the trees that are still present, the CLWD requires a permit to remove a tree in the shore impact zone. The CLWD also promotes shoreline restoration projects that will plant additional young trees to the shore impact zone. F. HABITAT ASSESSMENT High quality habitat Figure 23 shows the potential high quality habitat areas in the CLWD. This map was created as part of Minnesota’s Statewide Conservation and Preservation plan. The positive components to habitat quality included CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 41 features such as known occurrences of rare species, sites of biodiversity significance, or high levels of game species abundance. Negative influences on natural resources included such information as human development, land use, and road density. By acquiring and objectively processing information related to these components, it was possible to rank areas in Minnesota according to their conservation priority. The areas of high quality habitat can be looked at to see if they match up with any undeveloped properties to become an AMA (see below) or gain a conservation easement. Potential areas for protection The DNR have two types of protection for areas of habitat: Aquatic Management Areas (AMA) and Wildlife Management Areas (WMA). The DNR are always looking for potential AMA and WMA sites, which are critical fish and/or wildlife habitat (i.e. bulrush beds, vegetated bays, shallow lakes, etc) to protect along lakes, primarily from development. AMAs and WMAs are generally designated on undeveloped property. Through the lake and lakeshed assessment that RMB Environmental Laboratories will be doing for Big, Middle and Upper Cormorant Lakes in 2011, potential sites for AMAs or WMAs will be identified. When any of the properties in this area come up for sale, the CLWD will inform their local fisheries manager so they can evaluate the site for potential purchase and AMA/WMA designation. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 42 Figure 23. Potential high quality habitat areas in the CLWD. CWLD Plan, 2012-2022 Chapter 3: Assessment of Resources 43 This page intentionally left blank. CWLD Plan, 2012-2022 Chapter 4: Priority Issues 44 Chapter 4: Priority Issues A. PUBLIC MEETING Chapter 4 presents the priority issues of the CLWD, which were generated at a public meeting on August 16, 2010. At this meeting, participants first brainstormed problems/concerns/opportunities facing the CLWD in a facilitated process. Then, each person ranked their top 3 issues they feel need to be addressed in the Cormorant Watershed Plan update. These issues were used to guide the development of the Implementation Plan in Chapter 4. The three top-ranked issues were: Septic inspections around lakes Shoreline issues Manage water outflow from District when desirable/permitted Other issues that received multiple votes were: Enforcement Better protection for Natural Environment Lakes Confusing ordinary high water (OHW) marks for District lakes Inventory of pollution sources Invasive species After the public meeting, the Advisory Committee for the watershed plan update met to flesh out the issues and determine how to address them in the CLWD Plan. Discussion of these issues is presented below. B. DISCUSSION OF ISSUES Septic inspections around lakes. This issue is focused on the impact of improperly maintained septic systems on lake water quality. The CLWD does not have jurisdiction over septic systems, but it should work with Becker County during any ordinance revisions and communicate the concerns of its constituents. Currently (2011), the county does not require point-of-sale septic inspections. In 2011, revisions were made to the Becker County program for entire lake septic inspections. The county hopes to pull the septic system records for each recreational development and general development lake every 10 years and get the certificates of compliance on these lakes up to date. This program is already benefitting the CLWD as Upper Cormorant and Rossman Lakes have already been evaluated. See page 33 for the results and current status of septic systems in the CLWD. Shoreline issues. There were many issues raised under the topic of shoreline issues including, lawn runoff, erosion control, ice berms, erosion on steep banks, buffer strips, and trees in the shore impact zone. These issues affect the water quality of CLWD lakes. The CLWD should address these issues through rules, education, and grant programs. See page 29 for assessment of current shoreline status and programs. Manage water outflow from District when desirable/permitted. This issue has been ongoing for the CLWD and it’s downstream neighbors. The pour point of the CLWD, the Spring Creek outlet of Big Cormorant Lake, has a control structure. The outflow of water at this point is regulated by an agreement with Pelican Lake and the DNR. CWLD Plan, 2012-2022 Chapter 4: Priority Issues 45 In times of high water, the CLWD would like to be able to increase the outflow to relieve shoreline flooding. As of 2011, the CLWD is negotiating a new agreement with Pelican Lake. Enforcement. These issues include the enforcement of CLWD rules and the DNR Conservation Officer enforcement of state rules. The CLWD should work to enforce District rules and communicate with the DNR Conservation Officer to enforce state rules. Better protection for Natural Environment Lakes. The CLWD has numerous shallow lakes and wetlands that are valuable for habitat and water storage. These areas should be targeted for protection through conservation easements or aquatic management areas (AMAs). See page 37 for assessment of high quality habitat areas. Confusing ordinary high water (OHW) marks for District lakes. The OHW marks are set by the DNR. The Cormorant Lakes form a connected chain, and the OHW marks for each lake are confusing to the CLWD. The CLWD should work with the DNR to better define these benchmarks. See page 36 for assessment of OHW issues. Inventory of pollution sources. This issue includes inventorying groundwater pollution sources such as abandoned wells, above ground and below ground storage tanks, and surface water pollution sources such as open loop geothermal heating discharge, and phosphorus and sediment runoff. The CLWD should inventory these sources so they can mitigate any pressing impacts to water quality. Two studies are currently being conducted in this area: the lake and lakeshed assessment for Big, Middle and Upper Cormorant Lakes by RMB Environmental Laboratories, and minor watershed mapping by the CLWD engineer. The results from these studies will be helpful in guiding CLWD management of water and land resources. Invasive species. Invasive species are a pressing issue for the CLWD and for all lakes in Minnesota. Currently (2011), the only aquatic invasive species present in the CLWD is Curly-leaf pondweed in Upper Cormorant Lake. However, the CLWD is surrounded by other invasive species such as Zebra mussels in Pelican Lake and Eurasian Flowering Rush in Detroit, Melissa and Sallie Lakes. The CLWD should work with the Becker County AIS Task Force, Cormorant Chain Lake Associations and other area Lake Associations to prevent invasive species spread to District Lakes. See page 35 for assessment of aquatic invasive species risk. CWLD Plan, 2012-2022 Chapter 4: Priority Issues 46 Chapter 5: Implementation Plan Chapter 5 contains the CLWD’s Implementation Plan. This Plan identifies the goals, objectives, and initiatives that will guide the CLWD in water resource management over the next ten years (2012-2022). A. GOALS, OBJECTIVES, AND INITIATIVES DEFINED The Implementation Plan consists of goals, objectives, and initiatives that were developed with input from the Board of Managers and Advisory Committee. The following provides a definition of each of these components: Goal: A goal is an idealistic statement intended to be attained at some undetermined future date. Goals are purposely general in nature. Objective: An objective is an action-oriented statement that supports the completion of a goal. There may be more than one objective per goal. Initiative: An initiative is a specific action that will be taken in order to achieve a goal and objective. B. INITIATIVE INFORMATION Each initiative identified in the Implementation Plan has been assigned specific information on the proposed timeframe and coordinating agency(s). Collectively, this information will be used to achieve the goals and objectives set forth in the Plan. A description of these categories is provided below. Proposed Timeframe: Provides an approximate timeframe, from 2012 to 2022, when the initiative will be initiated and completed. Coordinating Agency(s): Entails who potentially will be involved in the implementation of the initiative. An *Asterisk indicates lead responsibility. A listing of the most common coordinating agencies and their respective acronyms is provided below. County (Becker County) CLWD (Cormorant Lakes Watershed District) DNR (Minnesota Department of Natural Resources) LA (Lake Association) PGOLID (Pelican Group of Lakes Improvement District) PRWD (Pelican River Watershed District) SWCD (Becker Soil and Water Conservation District) CWLD Plan, 2012-2022 Chapter 5. Implementation Plan 47 Cormorant Lakes Watershed District Watershed Management Plan (2012-2022) Implementation Plan WATER RESOURCES & SHORELINE DEVELOPMENT GOAL 1: MAINTAIN OR IMPROVE WATER QUALITY OF SURFACEWATERS THROUGH VARIOUS NONDEGREDATION PROGRAMS AND STEWARDSHIP PRACTICES. Objective A. Monitor the water quality of CLWD lakes. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Continue to monitor district lakes using volunteers that live on the lakes. Every summer, MaySeptember *CLWD, LA Analysis water quality data and recommendations. Annual or as needed *CLWD, RMB Lab Recognize lake volunteers on website. Every summer *CLWD, LA This objective addresses the following issues: Chapter 3 assessment issues: water resources Chapter 4 priority issues: inventory of pollution sources Objective B. Protect or restore wetlands, lakes and ponds. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Continue District inspections of wetlands and bring violations to SWCD Ongoing CLWD, *SWCD Look into grant funding opportunities for water quality projects. Ongoing CLWD, *SWCD, COLA This objective addresses the following issues: Chapter 3 assessment issues: water resources Chapter 4 priority issues: enforcement, better protection for natural environment lakes. CWLD Plan, 2012-2022 Chapter 5. Implementation Plan 48 Objective C. Gain an understanding of nutrient movement and pollution sources in the CLWD. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Conduct a nutrient budget study with future goals for nutrient reductions. 2012 CLWD, *Engineer Identify priority sub-watersheds for best management practices implementation. 2011-2012 CLWD, *Engineer Investigate point source runoff and nutrient sources to see if it leads to degradation (using flyover info, LiDAR, and ground truthing). Ongoing CLWD, *Engineer This objective addresses the following issues: Chapter 3 assessment issues: water resources Chapter 4 priority issues: inventory of pollution sources Objective D. Protect the lakes during building projects. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Continue permitting program for building projects near water bodies. ongoing *CLWD Urge county to develop a storm water management plan for the building permitting process. 2016-2021 CLWD,*County This objective addresses the following issues: Chapter 3 assessment issues: shoreline development Chapter 4 priority issues: enforcement CWLD Plan, 2012-2022 Chapter 5. Implementation Plan 49 Objective E. Educate/promote riparian owners about the value of buffer strips, shoreland protection and restoration. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Conduct shoreline inventory of district lakes. 3-4 year cycle *CLWD Work with lake associations to partner in promoting shoreline protection/restoration projects. Annually at meeting *CLWD, SWCD, DNR, LAs Urge county in the establishment of a shoreline specialist position. 2011-2012 *SWCD, CLWD, County Look into grant funding sources for shoreline restoration projects. Ongoing *CLWD, SWCD This objective addresses the following issues: Chapter 3 assessment issues: shoreline development Chapter 4 priority issues: shoreline issues Objective F. Communicate concerns about septic systems and holding tanks to the county Initiative Proposed Timeframe Coordinating Agency(s) *Lead Pursue the county to enhance their septic inspections/enforcements. 2011-2012 CLWD, *County This objective addresses the following issues: Chapter 3 assessment issues: shoreline development Chapter 4 priority issues: septic systems around lakes CWLD Plan, 2012-2022 Chapter 5. Implementation Plan 50 GOAL 2: PROMOTE AWARENESS OF GROUNDWATER RESOURCES AND NECESSARY STEPS TO PROTECT IT. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Keep current on available information about the impact of open loop geothermal systems on lakes. As information becomes available. CLWD, DNR, MPCA, County Review available information about abandoned wells, above ground and below ground storage tanks and make sure they are not impacting water quality. 2011-2012 CLWD, MPCA, *SWCD, County This goal addresses the following issues: Chapter 3 assessment issues: water resources Chapter 4 priority issues: inventory of pollution sources, enforcement WATERSHED ASSESSMENT GOAL 3: MANAGE OR MINIMIZE EROSION AND SEDIMENTATION. Objective A. Maintain current rules and look into any new rules as needed. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Meet with county and Pelican River Watershed District to learn about erosion control enforcement. 2012-2013 *CLWD, PRWD, County Evaluate current rules and determine which are working and which need revision 2012-2015 *CLWD This objective addresses the following issues: Chapter 3 assessment issues: watershed assessment Chapter 4 priority issues: enforcement CWLD Plan, 2012-2022 Chapter 5. Implementation Plan 51 Objective B. Work with county zoning and property owners on erosion control methods Initiative Proposed Timeframe Coordinating Agency(s) *Lead Promoting best management practices on agricultural and residential land. Ongoing *CLWD Identify areas with high erosion potential. Part of engineer studies CLWD, *Engineer Pursue outside funding for BMP implementation in non-construction priority areas. As need arises CLWD, *SWCD Continuing education for erosion control measures. Ongoing *CLWD This objective addresses the following issues: Chapter 3 assessment issues: watershed assessment Chapter 4 priority issues: shoreline issues Objective C. Stormwater management on private and public properties Initiative Proposed Timeframe Coordinating Agency(s) *Lead Promote rain gardens. Ongoing CLWD, *SWCD Look into sediment basins. As need arises CLWD, *Engineer This objective addresses the following issues: Chapter 3 assessment issues: watershed assessment Chapter 4 priority issues: shoreline issues CWLD Plan, 2012-2022 Chapter 5. Implementation Plan 52 AQUATIC INVASIVE SPECIES GOAL 4: WORK TO HELP PREVENT THE SPREAD OF AQUATIC INVASIVE SPECIES AND MANAGE THOSE THAT ARE PRESENT IN DISTRICT LAKES. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Support and coordinate with lake associations in invasive species education and species identification. Ongoing *CLWD, LAs, County AIS Task Force Facilitate invasive species monitoring program in District with Lake Associations. Ongoing *CLWD, LAs, County AIS Task Force Relay invasive species concerns to legislators and DNR. Ongoing *DNR, CLWD, LA Work with the DNR to train an invasive species task force on identifying invasive species. Ongoing CLWD,*DNR, LA, County AIS Task Force Educate public about invasive species prevention. Ongoing CLWD, LA, *DNR, County AIS Task Force This goal addresses the following issues: Chapter 3 assessment issues: aquatic invasive species Chapter 4 priority issues: invasive species CWLD Plan, 2012-2022 Chapter 5. Implementation Plan 53 WATERSHED HYDROLOGY GOAL 5: ALLEVIATE DAMAGE (INCLUDING PROPERTY DAMAGE AND SHORELINE DAMAGE) BY HIGH WATER WHENEVER POSSIBLE. Objective A. Implement seasonal water level management while prioritizing property and environmental damage versus recreational opportunities. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Delineate subwatersheds and channels. 2011 CLWD, *Engineer Investigate outlet controls for highwater waterbodies (an example: lake 603). As the need arises CLWD, *Engineer Determine water budget of watershed. 2011-2012 CLWD, *Engineer Look into creating springtime storage. If possible and beneficial CLWD, *Engineer This objective addresses the following issues: Chapter 3 assessment issues: watershed hydrology Chapter 4 priority issues: confusing OHW marks, increase water outflow from district GOAL 6: MAINTAIN CHANNELS AND WATER FLOW ACCORDING TO ESTABLISHED LEVELS. Objective A. Negotiate with downstream lakes on structure control water discharge. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Complete agreement with Pelican Lake on water discharge from Big Cormorant control structure. 2011-2012 *CLWD, PGOLID Obtain necessary DNR permits/buy-in for water discharge from Big Cormorant control structure. 2011-2012 *CLWD, DNR, PGOLID This objective addresses the following issues: Chapter 3 assessment issues: watershed hydrology Chapter 4 priority issues: increase water outflow from district CWLD Plan, 2012-2022 Chapter 5. Implementation Plan 54 Objective B. Manage the waters within the CLWD to help maintain normal water levels both upstream and downstream. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Investigate crossing improvements in support of water quantity management. As need arises *CLWD District engineer work with DNR Eco-water resources survey crew to re-affirm OHW benchmarks. 2011-2012 CLWD, *DNR This objective addresses the following issues: Chapter 3 assessment issues: watershed hydrology Chapter 4 priority issues: confusing OHW marks HABITAT ASSESSMENT GOAL 7: PREVENT UNNECESSARY DESTRUCTION AND MAINTAIN OR IMPROVE HABITAT FOR FISH AND WILDLIFE ON WATER QUALITY AND WATER QUANTITY PROJECTS. Objective A. Coordinate projects to improve habitat. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Identify potential acquisition sites for DNR Aquatic Management Area (AMA) program for shoreline protection (easements and/or land sale). Ongoing *CLWD, DNR Team with Cormorant Sportsmen’s Club and other groups to pursue habitat grants and projects. As projects arise. *CLWD, LA, Club This objective addresses the following issues: Chapter 3 assessment issues: habitat assessment Chapter 4 priority issues: better protection for natural environment lakes. CWLD Plan, 2012-2022 Chapter 5. Implementation Plan 55 EDUCATION AND OUTREACH GOAL 8: INFORM AND HELP EDUCATE ABOUT WATERSHED POLICIES AND PROGRAMS. Initiative Proposed Timeframe Coordinating Agency(s) *Lead Public awareness of the website Ongoing *CLWD Attend Lake Association meetings to discuss watershed policies and programs. Biannual *CLWD, LAs Hold an annual public meeting for the watershed. Biannual *CLWD, LAs Collaborate in the production, funding and distribution of the Becker County Shoreline Guide. As production happens CLWD, COLA, *County Put together an online newsletter. Once or twice a year. *CLWD CWLD Plan, 2012-2022 Chapter 5. Implementation Plan 56 Chapter 6. Administration A. PLAN SCHEDULE The Implementation of this Plan will commence with its adoption by the Board of Managers and final approval from BWSR. The Plan will remain in effect for a ten-year period, which is specified as 2012 to 2022. B. PLAN COORDINATION Water resource management in the CLWD involves many stakeholders. To effectively achieve the goals and objectives set forth in this Plan, a well-coordinated effort will be needed. The CLWD will ensure coordination of this Plan through its Board of Managers and Advisory Committee. C. INTERGOVERNMENTAL CONFLICT RESOLUTION During the development of this Plan, no intergovernmental conflicts arose. In the event of such a conflict, the Board of Managers and Advisory Committee shall intervene and resolve the conflict. If the conflict is unable to be resolved, the Board of Managers shall petition the BWSR for a contested case hearing. D. AVAILABLE FUNDING MECHANISMS The CLWD is allowed to establish a number of funds for the purpose of carrying out its powers and duties. A description of these mechanisms is below. Ad valorem tax levies The phrase “Ad valorem” refers to a tax that is collected over the entire taxing district and is based on property value, rather than benefits. For example, if the CLWD were to collect $100,000 through an ad valorem tax, the Board of Managers would provide a certified levy to the county auditors who would calculate the tax rate necessary to generate that amount based on the total value of real property within the CLWD. This tax rate would then be used to determine the tax for individual properties by maintaining the same proportion of tax to value for all properties within the CLWD. Watershed Management Districts Minnesota Statutes Chapter 103D.729 permits the establishment of one or more water management districts within the territory of the CLWD to ensure that adequate financial resources are available to address resource concerns in all areas. The cost of actions or projects funded within each management district could be paid, in whole or in part, through the collection of water management charges. The water management charges could be apportioned among the landowners within the management district on the basis of their relative contribution of stormwater runoff, sediment, nutrients, and other pollutants. Rates may differ on the basis of the amount of land, type of land cover, and type of land use. CWLD Plan, 2012-2022 Chapter 6. Administration 57 Project Assessments The Board of Managers may assess the cost of a project or the cost to maintain or repair an existing project to the property owners whose property is benefitted by the project, in accordance with Minnesota Statutes. Grant Funding The Managers believe it is their duty to explore grants and all possible funding alternatives that may exist to reduce assessments that may be levied upon property owners to finance the cost of petitioned projects. E. PLAN AMENDMENT PROCEDURE The CLWD will amend this plan if a new and unforeseen issue arises that needs to be dealt with, and which requires new policies and/or programs. The CLWD must prepare Plan amendments in accordance with M.S. Chapter 103D.411. In general, the following steps are required: 1. After the Plan amendment is prepared, the CLWD must initiate the amendment procedure by submitting a petition along with a copy of the proposed amendment to the BWSR. 2. At the same time that the CLWD sends the proposed Plan amendment to the BWSR, it must also send a copy of the amendment to the DNR, Division of Waters Director, as well as the county boards, county auditors, cities, and soil and water conservation districts within its territory. Although not required, the proposed amendment should also be sent to the MPCA Regional Director. 3. Within sixty (60) days of receiving the proposed amendment, the DNR, Division of Waters Director must review and make recommendations on the proposed amendment. The Director must send the recommendations to the CLWD. 4. Within forty-five (45) days of receiving the Director’s recommendations, the BWSR must give notice and hold a hearing on the proposed amendment. If the BWSR determines the proposed amendment to be noncontroversial it may provide notice to that effect. If a non-controversial procedure is used, a hearing will be held only if one or more persons request a hearing on the proposed amendment. 5. After the hearing, the BWSR may, by order, approve or prescribe changes in the amendment. The amendment becomes part of the Plan after it is adopted by the Board of Managers. The BWSR is responsible for notification of the approved amendment. CWLD Plan, 2012-2022 Chapter 6. Administration 58 F. PLAN EVALUATION To successfully implement this Plan, periodic review will be necessary. The Board of Managers and Advisory Committee shall review the Plan at least once every two years in order to ensure that the CLWD’s goals and objectives remain both accurate and constructive. The Plan can be amended in order to address changing needs, priorities, and conditions. G. POLICIES The policies adopted by the CLWD Board of Managers are described below. Since the content of the revised Water Management Plan is intended to support and justify the Board's policies and activities, it is appropriate to summarize these policies as follows. Petition Projects The CLWD has and will continue to assist the landowners and other interested parties within the CLWD in actively pursuing projects through the petition procedure. Majority Resolution of the Board The Board of Managers, in concert with their consultants, will continue to actively pursue possible alternatives to flood damage reduction through technical investigations and to maximize the use of public information. The Board will also continue to use the resolution procedure to initiate such projects, if needed. Miscellaneous Studies and Investigations The CLWD will established a fund entitled "Survey and Data Acquisition" account and conduct the necessary technical investigations and surveys for water-related problems brought to the attention of the Board of Managers. Rules and Regulations of the CLWD The CLWD will continue to enforce its rules and regulations as a matter of policy. The CLWD Rules and Regulations can be found in Appendix A. Permits The CLWD will continue to use the permit system to enforce its adopted rules and regulations. It is also a policy of the CLWD to assist permit applicants with technical advice so that project function may be accomplished in the most environmentally acceptable manner. Technical Assistance Programs The Board will continue to provide needed technical assistance and consultation to landowners, governmental units, and other entities within the jurisdiction of the CLWD. Public Information and Education Programs The CLWD will continue to publicize its activities and other water related information so that its constituent public is educated in water issues to the maximum extent possible. CWLD Plan, 2012-2022 Chapter 6. Administration 59 Intergovernmental Coordination and Cooperation The Watershed District views intergovernmental coordination and cooperation as an absolute necessity in order to perform its required functions. The Board will continue to foster an environment which enhances coordination and cooperation to the maximum extent possible. CWLD Plan, 2012-2022 Chapter 6. Administration 60 Appendix A. Watershed Management Rules Section 1.0 Introduction 1.1 Statutory Authority to Adopt Rules According to Minnesota Statutes (M.S.) Section 10311341, subdivision 1, the managers must adopt rules to accomplish the purposes of this chapter and to implement the powers of the managers. 1 .2 Short Title These rules shall be known and may be cited as the “Cormorant Lakes Watershed District Rules." The address of the CLWDs office is 10929 County Highway #5, Pelican Rapids, Minnesota 56572. 1.3 Inconsistent Provisions If any rule or rules herein contained are inconsistent with the provisions of Chapter 103D or other applicable laws of the State of Minnesota, the provisions of Chapter or other applicable law shall govern. 1.4 Severability The provisions of these rules shall be severable and the invalidity of any section, subdivision or any other part thereof shall not make invalid any other section, subsection, paragraph, subparagraph, subdivision or any other part thereof. Section 2.0 Policy Statement 2.1 General Policy These rules shall be adopted by the Board of Managers of the Cormorant Lakes Watershed District to effectuate the purposes of M.S. Chapter 103D and the powers of the Board of Managers therein prescribed, it is the intention of the Board of Managers that its rules conform to the legislative policy of M.S, Chapter 103D. It is the Managers’ intention to use these rules as a tool to carry out the Districts mission to enhance the quality of water in the lakes and water of the state within its jurisdiction. lt is understood that to accomplish this, the District must ensure that appropriate decisions are made .concerning the management of streams, wetlands, lakes, groundwater, and related land resources which directly affect these lakes. The Managers’ further intent is to accomplish this mission in a manner that is most beneficial to the general welfare of present and future residents of the District and to minimize adverse environmental impacts upon the water resources of the District. Specifically, the District seeks to minimize increased discharges or nutrients to the waters of the District by exercising control over development and to regulate improvements by riparian property owners of the beaches, banks, and shores of lakes, streams, and wetlands for preservation and beneficial public use. The rules stated below shall be followed by any persons, corporations, firms, state, county or municipal governments, and other government agencies undertaking revision of their existing rules, plans or statutes, or undertaking certain land use modification or land development activities within the District. Section 3.0 Definitions For the purposes of these Rules, certain words and terms are defined below. ln the absence of a definition, the definitions established for the State of Minnesota by statute or by case law shall apply to these Rules unless clearly in conflict, clearly inapplicable, or unless the context makes such meaning repugnant thereto. Certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally. CWLD Plan, 2012-2022 Appendix A. Watershed Rules 61 ALTERATIONS TO LAND means grading, excavation, or movement of soil or vegetative material. APPROPRIATE REGISTERED PROFESSIONAL OR REGISTERED PROFESSIONAL means a professional registered in the state of Minnesota with the necessary expertise in the fields of hydrology, drainage, flood control, erosion and sediment control, and stormwater pollution control to design and certify stormwater management devices and plans, erosion prevention and sediment control plans, and shoreland alterations including retaining walls. Examples of registered professionals may include professional engineers, professional landscape architects, professional geologists, and professional soil engineers who have the referenced skills. BLUFF means a topographic feature such as hill, cliff, or embankment located in a shoreland area and draining to a water body, having a slope rising at least 25 feet above the ordinary high water level of the water body, and where the grade of the slope from the toe of the bluff to any point 25 feet or more above the ordinary high water level averages 30 percent or greater. BLUFF IMPACT ZONE means a bluff and land located within 20 feet from the top of the bluff. BOARD OF MANAGERS means the Managers of the Cormorant Lakes Watershed District. BWSR means Minnesota Board of Water and Soil Resources. DETENTlON SYSTEM means a structure or facility, which collects and stores runoff on a temporan/ basis with a subsequent gradual release of stormwater at a controlled rate. A detention basin may retain some water. DE-WATERING means discharge of appropriated surface or ground water. DISCHARGE means the disposal, conveyance, channeling of runoff or drainage of water or material, including, but not limited to stormwater and snow melt. DISTRICT means the Cormorant Lakes Watershed District. EROSION means the wearing away of soil by rainfall, surface water runoff, wind, or ice-movement. FlLL means soil, sand, gravel, clay or any other material which is placed on land or in waters of the state. GROUNDWATER RECHARGE AREA means area in which surface water accumulates and is conveyed to groundwater aquifers. ICE RIDGE means the ridge, comprised of soil, sand and/or gravel, often found in the shore impact zone near the ordinary high water mark of lakes, and caused by wind driven ice or ice expansion. ICE RIDGE MODIFICATION means the removal, excavation, alteration, of material or vegetation on an Ice-ridge. IMPERVIOUS SURFACE means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include, but are not Iimited to, rooftops, sidewalks, patios, roads, streets, driveways, and parking lots constructed of concrete, asphalt, paving stones and bricks, or compacted soils (including “class 5”). CWLD Plan, 2012-2022 Appendix A. Watershed Rules 62 LATERAL means any constructed waterway or drain, which conveys water to a public ditch. LOADS means a quantity of sediment or nutrients, expressed by weight, and carried by, or dissolved in, discharge. MANAGERS means the Board of Managers of the Cormorant Lakes Watershed District. MPCA means Minnesota Pollution Control Agency. NATURAL VEGETATION DISTURBANCE means the removal or destruction of established vegetation species. NRCS means U.S.- Department of Agriculture Natural Resource Conservation Service Agency. ' ON-SITE means within the contiguous contines of an ownership parcel. ORDINARY HIGH WATER LEVEL (OHWL) means the boundary of public waters and wetlands which is an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominately terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. POINT DISCHARGE means discharge from a specific outlet, such as storm sewer, pipe, culvert, or ditch. PROPERTY OWNER means the party possessing the title of the land on which the activity will occur; or if the activity is for a lease holder, the party identified as the lease holder; or the contracting government agency responsible for the activity. RECONSTRUCTION includes, but is not limited to, changing drainage, re-grading, changing cross sections or vegetation removal; reconstruction does not include seal-coating or overlays of roads, streets, highways, driveways or parking lots, right-of-way maintenance, or road repairs resulting from maintenance or repair of sanitary or water supply system. RETAINING WALL means a structure intended to maintain a grade differential of six inches or more. RETENTION SYSTEM means a structure or facility which accumulates a specified amount of stormwater or runoff. RUNOFF means water, including nutrients, pollutants and sediments carried by water, discharged from land surface. SEDIMENT means mineral or organic particulate matter that has been carried from its point of origin by water or wind. SHORE IMPACT ZONE means land located between the ordinary high water level of a public water and a line parallel to and 1/2 the setback from it (as defined by applicable county or municipal zoning ordinances), except that on property used for agricultural purposes the shore impact zone boundary is a line parallel to and 50 feet from the ordinary high water level. ln no instance shall the shore impact zone be less than (50) feet from the ordinary high water level. CWLD Plan, 2012-2022 Appendix A. Watershed Rules 63 SHORELAND (SHORELAND DISTRICT OR SHORELAND ZONE) means land located within 1000 feet of the ordinary high water mark of a lake, pond, or 300 feet from a river or stream, as defined in the Becker County Zoning Ordinance. SLOPE INSTABILITY means a condition in which slope has exhibited sloughing or slumping or other failure to maintain natural grades, or is determined by an appropriate registered professional to have the potential for failure. STABILIZATIGN means covering an exposed ground surface by sod, erosion control blanket, rip rap or other material that prevents erosion. A surface is not considered stabilized by simply sowing grass seed. STEEP SLOPE means steep slopes, that are not bluffs, are lands having average slopes more than 12 percent, as measured over distances of 50 feet measured horizontally. STORM SEWER means a system of pipe installed for the specific purpose of transporting surface and/or underground waters from one location to another and said system need not be continuously constructed only of pipe, but may include reaches of flumes, spillways, or open channels. STORMWATER means precipitation runoff, snow melt runoff, or any other surface runoff and drainage. STORMWATER INFRASTRUCTURE means constructed measures to collect, convey, or treat stormwater. STORMWATER TREATMENT DEVICE means a facility designed to retain or detain stormwater, or to lower its sediment or nutrient content. RELIEF means a modification or variation of the provisions of the Rules, as applied to a specific piece of property. VEGETATION means brush, shrubs, grass, or trees. WATERCOURSE means a channel having definable beds and banks capable of conducting confined runoff from adjacent lands. During floods, water may leave the confining beds and banks, but under low and normal flows water stays within the channel. A watercourse may be perennial or intermittent, natural or man-made. Ditches and streams are examples of watercourses. WATERS OF THE STATE means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. WATERSHED DISTRICT means the legally established agency named and referred to as the Cormorant Lakes Watershed District, when the word "District", it shall mean the land contained within the boundary of the Cormorant Lakes Watershed District. WETLAND means all wetlands as defined in Minnesota Statutes. CWLD Plan, 2012-2022 Appendix A. Watershed Rules 64 Section 4.0 Water Quality Protection and Enhancement 4.1 Thresholds for Permits Permits are required for any of the following actions within the boundaries of the Cormorant Lakes Watershed District: a. alterations to land, impervious surface, or vegetation in Shore Impact Zone or Bluff Impact Zones, or steep slopes in a Shoreland Zone; b. additions to impervious surface resulting in total impervious surface (new and existing) in excess of 25% of lot area, or 10,000 square feet in the shoreland zone, or 1 acre elsewhere for any property draining to waters of the state, or draining to an existing storm sewer or stormwater treatment facility; c. construction or re-construction of a private or public highway, road, street, parking lot, or public water access; d. subdivisions, plats, developments based upon certified surveys or planned unit developments; e. changes to stormwater infrastructure, including streets and public parking, inlets to waters of the state, bridges, or culverts; f. de-watering of groundwater or surface water including sump pumps, heating and air conditioning systems, well cleaning resulting in discharges into public waters of the state; no permit shall be issued to allow a direct discharge into the waters of the state within the shore impact zone. An expedited permit may be granted for temporary de-watering provided adequate erosion control methods are in place and does not result in a direct discharge into waters of the state. g. installation, repair, replacement or removal of rip-rap or beach sand blanket in the shore impact zone; h. installation, repair, replacement or removal of retaining walls in the shore or bluff impact zone. i. the removal, construction or modification of an ice ridge formed at the edge of a public water. j. No person shall alter or fill land below the OHWL flood elevation of any wetland or public water or wetland without first securing a permit from the District. An expedited administrative permit is required for 1" or less of fill within the shore impact zone in preparation for sodding or seeding purposes. A Becker County land alteration permit and a CLWD permit is required for any fill in the shore impact zone exceeding 1" in depth. k. Operating equipment for land alteration purposes in the shore impact zone. l. Normal agricultural practice shall be excluded from regulations, unless such agricultural practice adversely affects the water quality of the district, at which time a permit will be required. 4.2 Approval of Permits Permits will be granted for actions in 4.1 which meet all of the following conditions: a. Actions will not result in increases in stormwater discharge rates to adjoining properties or to waters of the state for the 5-year, 24-hour rainfall events. b. All actions must utilize standards and procedures for controlling runoff rates, nutrients, and sediments as described in the “Protecting Water Quality in Urban Areas” manual (MPCA, 2000) as revised. lf a facility or measure is not addressed in that manual, other resources as possible references include but may not be limited to; "BWSR Minnesota Construction Site Erosion and Sediment Control Planning Handbook” as revised, the NRCS “Slope Protection for Dams and Lakeshores, Minnesota Technical Release 2” (October 1 997) as revised, “Minnesota Urban Small Sites BMP Manual, Met Council, 2001 ", or “Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency, 1992", as revised. , c. Actions in Section 4.1 b, c, d and e must be accompanied by a stormwater management plan, and for areas that are changed incorporate retention of the stormwater runoff generated by the 5 year 24 hour rainfall event on site. An alternative standard would be to show a minimum of 90% removal of total suspended solids and a 50% or higher total phosphorus removal for a rainfall event using the Wa|ker’s Pond Net model or other equivalent models. ln either case, a maintenance schedule for the provisions must be provided. CWLD Plan, 2012-2022 Appendix A. Watershed Rules 65 d. Actions involving ice ridges are allowed only for purposes of repairing current year shoreline damage; no ice ridge modifications which result in an increase of runoff to a lake or natural vegetation disturbance are allowed, except that a 4 foot wide walkway may be constructed across a permanent ice ridge after a permit is obtained from the CLWD, following the general permit from the DNR, using the DNR existing guidelines for ice ridge modification. The completion date for a permit to remove an ice ridge may be extended by the District, if the existing lake elevation would prohibit a practicable repair during the current year. e. Actions involving the stabilization of shorelines or stream banks, or installation of beach sand blankets must use fill or material that is non-polluting under any foreseeable circumstances. For rip-rap, under normal conditions, no rip-rap or filter materials should be placed more than six feet waten/vard of the shoreline measured from the Ordinary High Water (OHW) level elevation. The encroachment into the water is the minimum amount necessary to provide protection and does not unduly interfere with the flow of water. f. Retaining walls in the shore impact zone are allowed only for the purposes of correcting existing slope instability or erosion; the base of such walls must be above the highest known water level. Retaining wall design plans must comply with accepted engineering principles and submit an analysis which shows that the wall will withstand expected ice and wave action, and earth pressure. g. A complete permit application which includes all required exhibits shall be received by the District at least 30 full days prior to the scheduled meeting date of the Board of Managers. Late submittals or submittals with incomplete exhibits will be scheduled to a subsequent meeting date. h. Permit applications tabled at a board meeting due to revisions needed for compliance with District rules will be addressed at the next board meeting if the revisions are submitted within 5 working days of being tabled. i. Regular Board meetings of the Board of Managers are conducted on the first Monday of each month at 7:00 pm., and are held at the Cormorant Townhall, Cormorant Village, 10929 County Highway #5, Pelican Rapids, Minnesota 56572, unless otherwise noticed. Special meetings will be subject to posted notice. j. A permit issued snail be posted on the premises prior to commencement of the project and remain posted until the project has been inspected and approved by the Cormorant Lakes Watershed District Staff. 4.3 Permit Application Requirements a. No action, works, or use requiring a permit shall be commenced prior to issuance of the permit, except for emergency repairs necessitated by storms, floods, or water, electrical and sewage system failures. The District should be notified of such repairs as soon as practicable. b. Application forms and instructions will be available from the Cormorant Lakes Watershed District office and the Becker County Zoning office. Permit applications must be complete in order to be considered by the District. c. Permits are valid for up to a twelve (12) month period from the date of issuance unless otherwise suspended or revoked. To extend a permit, the property owner must apply to the District in writing stating the reasons for the requested extension. Any plan changes, and related project documents must also be included in the extension application. The District must receive this application at least thirty days prior to the permit’s expiration date. d. Nothing in these Rules shall limit the District from requiring a design certification by a licensed engineer or licensed landscape architect, or other appropriate professional, when deemed necessary and appropriate by the Managers or Administrator in order to ensure compliance with the Rules. e. For any proposed land alteration project in the shore impact zone or a bluff impact zone, an applicant must provide a design, site drawing and proposed construction plan, approved by a certified engineer or landscape architect as required by the Becker County Zoning Ordinance Section 12, Subdivision 7. A copy of said design and drawing must be attached to the application submitted to the Cormorant Lakes Watershed District thirty (30) days prior to approval being received from the County to allow comments by the CLWD as may be appropriate. Nothing in this regulation shall limit the CLWD from requiring a CWLD Plan, 2012-2022 Appendix A. Watershed Rules 66 design certification by a licensed engineer or landscape architect, or other appropriate professional, when deemed necessary and appropriate by the managers to provide sediment control, pollution control, run off, erosion or drainage. f. All new residential, commercial, industrial and institutional structures and alterations to existing structures shall be constructed such that all finished floor elevations are at a minimum of 18 inches above highest recorded water level. For Big Cormorant Lake, the highest recorded lake level elevation shall be 1,356.2 feet. The Applicant shall bear the burden of establishing the proposed elevation of the structure. The CLWD shall place a monument establishing the OHWL on each lake within the District, that has an established OHWL by the DNR. g. A CLWD permit shall not be construed as a valid permit required from any state, county, township or other regulatory agency as may be required such as State of Minnesota Department of Natural Resources, State of Minnesota Pollution Control Agency, Becker County, Township, Soil and Water Conservation District and U.S. Army Corps of Engineers. 4.4 Sureties a. The District may require a performance bond, letter of credit or other surety in a form approved bythe District for an activity regulated under these Rules. A commercial surety shall be from an issuer licensed and doing business in Minnesota. The surety shall be submitted by the property owner but the surety principal may be either the property owner or the individual or entity undertaking the proposed activity. b. The surety shall be in favor of the District and conditioned on the applicants performance of the activities authorized in the permit in compliance with all applicable laws, including the Districts Rules, the terms and conditions of the permit and payment when due of any fees or other charges authorized by law, including the District’s Rules. The surety shall state that in the event the conditions of the surety are not met, the District may make a claim against it, c. The surety must be valid and in force for at least an eighteen (18) month period and shall contain a provision that it may not be canceled or released except pursuant to the terms in 4.13(e) herein. d. The amount of the surety shall be set by the Board of Managers by resolution as the amount the Board deems necessary to cover the following potential liabilities to the District: 1) Application, field inspection, monitoring and related fees authorized under Minnesota Statute 1030.345; 2) The cost of maintaining and implementing protective measures set forth in or incorporated into the permit; and 3) The cost of remedying damage resulting from permit noncompliance or for which the property owner otherwise is responsible. e. On written notification of completion of a project, the District will inspect the project to determine if the project is constructed in accordance with the terms of the permit and District Rules. lf the project is completed in accordance with the terms of the permit and District Rules and there is no outstanding balance for unpaid inspection fees, attorneys fees, engineers costs, contract labor on materials ordered and installed by the District, the District will release the surety if one was required in Section 4.4(a_). f. Governmental agencies are exempt from surety requirements. g. The Cormorant Lakes Watershed District, in the sole discretion of the Board Managers, may accept a personal surety from a landowner with an accompanying financial statement. 4.5 Upgrade of Existing Stormwater Discharges The Managers may require a person or government to provide a treatment plan for point discharges of stormwater containing annual loads in excess of 10 pounds of phosphorus or 2000 pounds of sediment to waters of the state. Such a plan must be implemented within one (1) year of notification by the District. 4.6 Maintenance of Stormwater Treatment Devices The owners of property on which a stormwater treatment device has been constructed must maintain that device so that its function is not diminished. if a stormwater treatment device is not maintained by the owner, the District CWLD Plan, 2012-2022 Appendix A. Watershed Rules 67 shall have the authority to order ail necessary emergency repairs and assess all costs to the record owners of the property. Section 5.0 Dredging 5.1 Policy lt is the policy of the Board of Managers to preserve the natural appearance of shoreline areas, recreational, wildlife and fisheries resources of surface waters, and surface water quality. 5.2 Regulations No person shall dredge in the beds, banks or shores of any protected water or wetland in the District without first securing a permit from the District and the State of Minnesota Department of Natural Resources, and posting a bond or letter of credit pursuant to Regulation 4.4(a). 5.3 General Standards Ali permitted dredging shall comply with the following standards: a. The disposal site must be identified and found not to be below the OHWL of a public water or public water wetland, wetland subject to the Wetland Conservation Act of 1991, or floodplain and not prone to erosion. b. ln cases of an identifiable source of sediment under the control of the applicant, the plan shall include remedial action to minimize deposition of sediment into a Water body or off-site. c. Prior to review by the District, ail dredging proposals that involve docking shall be submitted to and approved by the Minnesota Department of Natural Resources. d. The proposed project shall represent the "minimal impact" solution to a specific need with respect to all other reasonable alternatives such as dock extensions, aquatic nuisance plant removal without dredging, beach sand blankets, excavation above the bed of public water, less extensive dredging in another area of the public water, or management of an alternative water body for the intended purpose. e. The dredging shall be limited to the minimum dimensions necessary for achieving the stated purpose. f. lf the dredging will be accomplished by means of hydraulic dredging the following additional standards will apply: the disposal site shall have a minimum storage capacity equal to four times the calculated volume of solid material to be removed, a minimum free board between the top of the projected water surface elevation and the top of the dike of one foot, if no outlet from the disposal is proposed. g. All permit applications must be accompanied by design information by a certified civil engineer. Section 6.0 Shoreline & Stream bank Improvement 6.1 Policy It is the policy of the Board of Managers to: a. Assure that improvement of shoreline and stream bank areas to prevent erosion and to enhance water quality complies with accepted engineering principles in conformity with Department of Natural Resources (DNR) construction guidelines, and b. Preserve the natural appearance of shoreline and stream bank areas. 6.2 Regulations a. No person shall construct a shoreline or stream bank improvement, such as rip rap or to prevent erosion, or for any other purpose, such as boat ramps and sand blankets, without first securing a permit from the District. Any retaining wall shall require a conditional use permit to be issued by Becker County and it is the expressed policy of the District to discourage the development of retaining walls that abut any lake or stream. CWLD Plan, 2012-2022 Appendix A. Watershed Rules 68 b. An expedited administrative permit may be issued for routine rip rap projects that conform with the requirements set forth in paragraph 4.2(e) of this Rule. c. An expedited administrative permit may be issued for routine sand blanket projects that conform with the requirements set forth in paragraph 4.2(e) of this Rule. d. The District may issue an expedited permit for activity limited to Section 6.2(b), 62(0), 4.1(f), 4.1 (j) and 8 without inspection to a contractor that has posted a cash bond or personal surety with the CLWD Administrator in the sum of $1,000.00 prior to May 1, of each construction year. The contractor must also attend a CLWD training seminar for contractors, The contractor must advise a manager of the scope of the project before the work is commenced. The CLWD reserves the right to terminate the contractor’s privilege to obtain an expedited permit without inspection for any or no reason. The purpose of the surety bond is to provide funds to restore the activity to the pre-permit condition for any activity completed that is not in compliance with all CLWD regulations. 6.3 Criteria For Rip Rap Placement Rip rap placement shall comply with the following criteria: a. General standards: 1) Clean rip rap material should be durable, natural stone and of a gradation thatwlll result in stable shoreline embankment. 2) The finished slope of the rock fragments, boulders and/or cobbles should not be deeper than a ratio of 3 feet horizontal to 1 foot vertical (3:1) under normal conditions. Steeper lopes will generally require larger sized rip rap. The minimum finished slope shall be no steeper than 2:1 (horizontal to vertical). Any rock/boulder stabilization project with a proposed finished slope steeper than 2:1 (horizontal to vertical) shall be evaluated in accordance with the conditions for retaining walls. 3) No rip rap or filter material should be placed more than 6 feet water ward of the shoreline measured from the ordinary high water level (OHW) elevation under normal conditions. The encroachment into the water is the minimum amount necessary to provide protection and does not unduly interfere with the flow of water. 4) No existing rip rap may be removed without a permit. Section 7.0 Stream and Lake Crossings 7.1 Policy It is the policy of the Board of Managers to discourage the use of lakebeds and beds of waterbodies for the placement of roads, highways, and utilities. 7.2 Regulation No person shall use the beds of any waters of the state within the District for the placement of roads, highways and utilities without first securing a permit from the District. Utility service providers shall be exempt from permit requirements if the utilities are placed within the public right of way and are consistent with recorded easements or dedications of public right of way. 7.3 Criteria Use of the bed: a. Shall meet a demonstrated public benefit, and b. Shall regain adequate hydraulic capacity, and c. Shall retain adequate navigational capacity, and d. Shall not adversely affect water quality, and e. Shall represent the "minimal impact" solution to a specific need with respect to all other reasonable alternatives. CWLD Plan, 2012-2022 Appendix A. Watershed Rules 69 7.4 Required Exhibits The following exhibits shall accompany the permit application. One set -full size, one set - reduced to 11" x 17." a. Construction plans and specifications. b. Analysis prepared by a professional civil engineer or qualified hydrologist showing the effect of the project on hydraulic capacity and water quality. c. An erosion control and restoration plan. Section 8.0 Trees An administrative expedited permit shall be required to remove any tree or root system, whether said tree is living, dead or diseased, within the shore impact zone. Any unauthorized removal shall result in a $250.00 per tree restoration assessment and the District shall require the property owner to plant replacement trees in a number, kind and quality to be determined by the discretion of the Board on a case by case basis for all trees removed without CLWD authorization. Tree removal contractors shall be jointly liable with the property owners for unauthorized removal of trees. To be subject to CLWD regulations, a tree must have a two (2) inch diameter at four (4) feet above ground level. This regulation may be enforced by any method set forth in Section 10.1 of these rules. Nothing in this section shall prohibit the emergency removal of trees or limbs to prevent loss of life or damage to property. A permit is required for any tree that is removed by chainsaw or other means that results in the tree, whether living, dead or diseased, falling on the ice. The permit shall require the owner or the owners agent to remove all debris and waste material from the ice in a timely manner. Section 9.0 Governmental Responsibilities 9.1 Notification and Review All township, municipal, county and state governments shall provide copies of plans or documents for proposed actions which may impact the waters of the state to the legal address of the District at least 30 calendar days before the first public hearing date for review and comment, or before rendering a decision on the proposed action, whichever is earlier. The Board of Managers shall review such changes in light of the foregoing Water Quality Protection and Enhancement Rules (Section 4.0) to ensure that such changes contain provisions for maintaining or enhancing water quality. The following are specific cases in which such notification and review are required: a. Proposed ordinances involving land use, storm water, or wetlands; b. Proposed public works including modifications of existing roadway, storm collection or treatment systems, sewage collection and treatment systems, or plans for such projects; c. Requests for zoning changes, divisions of riparian lots, subdivisions, plats, variances, conditional use permits, and planned unit developments, to be authorized under county or municipal zoning ordinances; d. Requests for permits involving construction or other modifications in a shoreland zone. Section 10.0 Enforcement Powers of Board of Managers 10.1 Enforcement These Rules, and other applicable statutes, affecting water quality within the District and any stop work order issued by the District may be enforced by local law enforcement officials or by all appropriate legal action, including, but not limited to temporary restraining orders, injunctions, actions to compel compliance with these rules, restoration, misdemeanor prosecution, abatement, costs and damages. Costs, fees and expenses incurred by the District in enforcing these rules, including activity commenced without a permit, including but not limited to engineering, attorneys’ fees and emergency erosion control costs, shall be assessed against and paid by any person, landowner, entity, contractor or governmental subdivision found to be in violation of these rules. CWLD Plan, 2012-2022 Appendix A. Watershed Rules 70 10.2 Contractor's Liability Any individual, firm, corporation, partnership, association or other entity contracting to perform services regulated by these Rules shall be responsible for ascertaining that all permits have been obtained and that the work performed complies with all requirements of these Rules. Contractors and landowners in violation of these Rules shall be jointly and individually subject to all methods of enforcement as provided above, including criminal prosecution. 10.3 Administrative Stop Work Order. The District and their designated agents, staff, and professionals, as a condition to granting a permit, may inspect the premises at any time and issue a cease and desist order when it finds that a proposed or initiated project presents a serious threat of soil erosion, sedimentation, or an adverse effect upon water quality or violates any rule or condition of the permit issued by the District. Failure of the owner or contractor to comply with a cease and desist order shall constitute grounds for immediate revocation of any permit, and shall require the permit holder to pay all costs of restoration, emergency erosion control measures and attorney fees reasonably incurred to restore work done in violation of the permit to the pre-permit condition in the minimum amount of $150.00. The District may also issue an administrative stop order for work performed without a permit. Section 11.0 Adoption, Amendment, and Effective Date These Rules of the Cormorant Lakes Watershed District shall be adopted or amended in accordance with M.S. Chapter 103D. Upon adoption, Rules and Amendments of the Rules previously approved by the Board of Managers are hereby rescinded. These Rules are effective upon adoption in accordance with M.S. Chapter 103D. Section 12.0 Variances 12.1 Variances Authorized The Board of Managers may hear requests for variances from the literal provisions of these rules in instances where their strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The Board of Managers may grant variances in conformance with the definitions found at Minnesota Statute 394.27(7), where it is demonstrated that such action will be keeping with the spirit and intent of these rules. 12.2 Standard In order to grant a variance, the Board of Managers shall determine that the special conditions which apply to the structure or land in question do not apply generally to other land or structures in the District, that the granting of such variance will not merely serve as a convenience to the applicant, and that the variance will not impair or be contrary to the intent of these rules. A hardship cannot be created by the landowner, the landowners agent or representative, or a contractor, and must be unique to the property. Economic hardship shall not be considered grounds for issuing a variance. A variance granted because of a physical disability shall be personal to the applicant and the District shall make every effort to insure the variance is temporary in nature and any structures erected pursuant to the variance will be removed within sixty (60) days after the individual requesting the variance no longer resides or uses the premises. 12.3 Term A variance shall become void after one year after it is granted if not used, unless an extension in writing is granted by the CLWD Board. CWLD Plan, 2012-2022 Appendix A. Watershed Rules 71 12.4 Violation A violation of any condition set forth in a variance shall be a violation of the District rules and shall automatically terminate the variance. Section 13.0 Fees Charged in Certain Cases 13.1 Policy The Board finds that: a. Public awareness of and compliance with the permitting process will be served by a policy of not charging a permit application fee. By encouraging applicants to seek permits for potential projects, the public benefits by reduced inspection and enforcement costs. b. From time to time persons perform work requiring a permit from the District without a permit, and persons perform work in violation of an issued District permit. The Board finds that its cost of engineering, inspection, analysis, attorney fees and temporary erosion control measures in such cases exceeds those where the applicant has complied with District requirements. The Board further concludes that its annual tax levy should not be used to pay such costs which are incurred because of a failure to meet District requirements. Therefore, the Board adopts a rule charging fees to the responsible persons in such cases. In these cases, the applicant or person responsible for the violation shall pay to the District a fee equal to the District’s actual costs of field inspection of the work, including mileage for the District staff, investigation of the area affected by the work, analysis of the work, emergency erosion control measures, services of a consultant, including engineering and legal consultants, and any subsequent monitoring of the work, which in the case of a violation are incurred after notice of violation from the District; inspection fees shall be at least $75.00 per inspection, as may be established from time to time by the CLWD. c. It is in the public interest that certain projects, involving larger scale development in sensitive locations, be inspected by District staff to provide the Board sufficient information to evaluate compliance with District rules and applicable laws. d. For commercial, residential developments, or restoration projects, a field inspection fee for permits required under 4.1, based upon the actual hourly rates of District staff or consultants may be charged in order to cover actual costs related to investigation of the area affected by the proposed activity, analysis of the proposed activity, services of a consultant, and any required subsequent monitoring of the proposed activity. The fee may be assessed for actual costs of enforcement of permit violations. e. Government agencies are exempt from fees. f. Failure to erect or maintain temporary erosion control measures as directed by the District shall result in the District ordering the work done. The record legal owner shall pay to the District $100.00 plus the actual costs of the installation. The District may erect temporary erosion control devices in emergency circumstances anywhere within the District. g. No permit fee will be assessed by the CLWD when an application is submitted in a timely manner as set forth in the rules. The District may, in its discretion, waive enforcement of fees. Section 14.0 Refuse, Temporary Buildings 14.1 Refuse To preserve and protect water quality, no refuse, garbage, vehicles or obnoxious materials shall be deposited in, or within the shore impact zone, of any public waters in said District, or placed in any location where the same would by natural runoff or overflow drain into and be cast upon the public waters. CWLD Plan, 2012-2022 Appendix A. Watershed Rules 72 14.2 Temporary Buildings No permanent or temporary storage building, ice house, shed or any other structures may be located within the shore impact zone without a CLWD permit to prevent runoff or discharge into the public water and without first obtaining a conditional use permit from Becker County. Section 15.0 New Subidvisions, Plat, Tract or Planned Unit Developments It shall be compulsory to include an owner’s affidavit on each new plat within the shore land district, or in the absence of such plat, it shall be included in the owner’s restrictive covenants, contained in any deed of conveyance to with: “The undersigned owner or owners acknowledge that this land is in the Cormorant Lakes Watershed District and all purchasers and assigns hereafter are given notice that all properties and improvements made thereon are subject to the regulations, requirements and permit obligations fo the said district and must be adhered to.” A storm water runoff plan prepared by a licensed engineer or licensed landscape architect, or other appropriate professional, shall be required for any portion of a proposed new subdivision, plat, tract or planned unit developments that are located within 1,000 feet of a lake. The CLWD may require a storm water runoff plan prepared by a licensed engineer for any new proposed subdivision, plat, tract or planned unit developments that are located outside 1,000 feet from the public waters of the state. The owner shall submit a draft of the preliminary plat, proposed subdivision tract or planned unit development forty-five (45) days in advance of presentation to the Becker County Planning Commission, to the District to allow a period of review and comment before any formal action is taken by the Becker County Planning Commission. The developer shall request a preliminary inspection of the final plat and submit the final plat to the CLWD forty-five (45) days prior to submission the Becker County Planning Commission to allow a period of review and comment before final action is taken by the Becker County Planning Commission. Section 16.0 No fertilizer containing phosphorus may be applied in the shore impact zone. A permit shall be required for any phosphorus fertilizer applied outside the shore impact zone that is causing an adverse impairment to any waters of the state located within the District. Board of Managers Cormorant Lakes Watershed District ____________________________________ Jeff Moritz, Manager ____________________________________ Jody Beaudine, Manager ____________________________________ Ellis Peterson, Manager CWLD Plan, 2012-2022 Appendix A. Watershed Rules 73 This page intentionally left blank. CWLD Plan, 2012-2022 Appendix B. Public Meeting Issues 74 Appendix B. Erosion Potential Analysis for the Watershed Erosion Potential The District Engineer, Erik Jones (Houston Engineering, Inc.), evaluated the watershed for erosion potential. Drainage area determination and a terrain analysis was required to determine the erosion potential within the smaller catchments of the Watershed District. Drainage Area: An advanced terrain analysis was completed of the Cormorant Lakes Watershed District for delineation of subwatersheds within the Cormorant Lakes Watershed District. Delineation of the subwatersheds with in the District began with the creation of a hydrologically correct Digital Elevation Model (DEM) using the best available LiDAR ground elevation data. The best available LiDAR data was obtained from the International Water Institute. LiDAR was collected in 2008 and 2009 in the CLWD. A hydrologically correct DEM has been corrected to incorporate culverts and other features that permit the transmission of surface runoff that are not picked up with the LiDAR. This DEM was completed on the entire Cormorant Lakes Watershed District. Based on the hydologically correct DEM, the subwatersheds of the various lakes within the District were determined. Large portions of the drainage areas are non-contributing based on surface flow. For the purposes of this study, non-contributing areas are defined as areas that contain the 10-year recurrence, 24-hour duration runoff event, as defined by Technical Paper No. 40: Rainfall Frequency Atlas of the United States. A 10year, 24-hour rainfall event corresponds to 3.64 inches of rain. The determination of contributing versus non-contributing areas was done using a series of GIS processes in which the available storage of a depressed area is compared to the runoff volume generated from the contributing watershed of the depressed area. This is an iterative process in which the excess runoff of contributing areas is accumulated with downstream non-contributing areas until no excess runoff is produced. The output of this process is the identification of non-contributing areas. For the accounting of all areas within the CLWD, the subwatershed boundaries were determined based on where non-contributing areas would surface drain first given sufficient runoff to spillout. Figure 19 shows the local drainage area of the watershed for each large lake within the CLWD, distinguishing between the contributing watershed and non-contributing watershed. For example, the local drainage area for Big Cormorant Lake is 12.52 square miles of which 9.92 square miles is directly contributing via runoff and 2.60 square miles is non-contributing based on surface runoff. To get the total cumulative drainage area to Big Cormorant Lake, the drainage areas of the upstream lakes would need to be added to the local drainage area for the lake. It is helpful to distinguish between the contributing watershed and the non-contributing watershed when planning improvement projects around the lakes. CWLD Plan, 2012-2022 Appendix B. Public Meeting Issues 75 Identification of Potential Lake Sediment Loading Sources: Once contributing drainage areas were determined and a hydrologically correct DEM was established, the more specialized RUSLE and SPI analyses were completed to identify sources of sediment load to the lakes and waterbodies within the CLWD. RUSLE Analysis: The Revised Universal Soil Loss Equation (RUSLE) accounts for land cover, soil types, topography, and management practices to determine an average annual sediment load as a result of rill and interrill flow. RULSE has traditionally been applied as a means to quantify benefits for individual projects. For the purposes of this project, RUSLE has been applied in a spatial setting using GIS data. The data below summarizes the development of input variables and application RUSLE in a spatial GIS setting. RUSLE requires several parameters to be developed, and then multiplied to form the estimated annual sediment load. Several of the input variables were derived from the National Agricultural Statistics Service (NASS) 2010 Cropland Data Layer. Below is a summary of the input variables and how they were developed for this project: 1. Support Practice Factor (P-value) – The P-value accounts for the impact of support practices on erosion rates. Examples of support practices include contour farming, cross-slope farming, and buffer strips. For the purposes of this analysis, variations in the P-value were not accounted for. Currently, there is not sufficient information to derive P-values at the scale required for this analysis. Users of the data may apply the appropriate P-value to the results to account for site conditions. 2. Cover and Management Factor (C-value) – The C-value accounts for land cover characteristics on erosion rates. C-values were derived using 2010 NASS land cover data. Table 15 summarizes 2010 NASS land cover classification and the corresponding C-value. 3. Rainfall and Runoff Factor (R-value) – The R-value accounts for meteorological characteristics of the watershed on erosion rates. The NRCS Minnesota Field Guide has already accounted for this factor on a county basis. Values for Clay, Otter Tail, and Wilkin County for each respective area were used. 4. Soil Erodibility Factor (Kw-value) – This value is attributed in the SSURGO Soils Database, and accounts for the effects of soil characteristics on erosion rates. Kw-values used for this analysis were extracted directly from the SSURGO Soils Database. 5. Slope Length Factor (LS-value) – The LS-value accounts for physical characteristics of the landscape on erosion rates. The USDA’s Agricultural Handbook No. 703 summarizes the methodology to derive the LS-value. Length and the slope data was derived from the DEM. Both of these values were applied to methodology specified in the USDA’s Agricultural Handbook No. 703 to calculate the LS-values for the project watershed. CWLD Plan, 2012-2022 Appendix B. Public Meeting Issues 76 Table 15: Summary of 2010 NASS Cropland Data Layer 2010 NASS Classification Cover and Management Factor Corn Soybeans Sunflower Barley Spring Wheat Winter Wheat Rye Oats Alfalfa Other Hay Sugarbeets Dry Beans Potatoes Other Crops Clover/Wildflowers Sod/Grass Seed Fallow/Idle Cropland Pasture/Grass Woodland Wetlands Open Water Developed/Open Developed/Low Developed/Medium Developed/High Barren Deciduous Forest Evergreen Forest Mixed Forest Shrubland Grassland Herbaceous Pasture/Hay Woody Wetlands Herbaceous Wetlands Vetch Dbl. Crop 0.200 0.200 0.200 0.200 0.200 0.200 0.200 0.200 0.100 0.100 0.200 0.200 0.200 0.200 0.005 0.100 0.200 0.005 0.002 0.001 0.000 0.003 0.003 0.003 0.003 0.003 0.002 0.002 0.002 0.002 0.001 0.005 0.001 0.001 0.200 0.200 The C-value was generalized because of the scale of the project watershed. Since future crop rotations are unknown and outputs of this project are planned to be used for future implementation, C-values for agricultural areas were generalized under the assumption that row crops will be rotated with other row crops. These types of crops were given a common C-value. Other crops and land covers were given the appropriate C-value. Because of this generalization, it is recommended that the RUSLE analysis is used to provide results for comparison to other areas for prioritization. CWLD Plan, 2012-2022 Appendix B. Public Meeting Issues 77 Once all of the required input variables were derived for RUSLE, the values were multiplied to determine the total sediment loads. Only areas of the watershed that are estimated to exhibit rill and interrill flow types were considered for the analysis. The DEM was used to estimate areas of rill and interrill flow based on an upstream flow length less than 500 feet. In order to determine the amount of sediment from each grid cell that reaches the overland pour point into in-channel areas, a Sediment Delivery Ratio (SDR) was applied as defined based on the Minnesota Phosphorus Index (MN P-Index). This relates the flow length between the source of sediment loading and the point of interest. In this case, the point of interest is defined as the overland pour point. The flow length component of the SDR relationship was derived from the DEM. The SDR was applied to the total sediment loss per grid cell to determine how much of the total sediment loss within a grid cell reaches the receiving lake or in-channel area. Values were accumulated downstream to create a raster dataset that summarizes the total sediment load passing through each grid cell that reaches the pour point. This allowed for the total sediment load for each overland catchment area to be determined. Total effective RUSLE sediment load passing through each grid cell were then scored by ranking each value against all other grid cell values in the project watershed using a cumulative lognormal distribution. Because total effective sediment loading for overland sheet flow areas is minimal, areas where the upstream flow length is less than 300 feet were eliminated. This provided a wider range of ranked values for overland channelized areas. Since RUSLE is a method for determining the potential for surface water erosion occurring in overland flow areas, in-channel areas as were also removed. Stream Power Index: The Stream Power Index (SPI) method accounts for the physical characteristics of the landscape to quantify the likelihood of surface water erosion. SPI methodology consists of multiplying the slope of a point in the watershed by the contributing area to that same point. The higher the value, the greater the probability that surface water erosion will occur at that location. SPI was applied to the entire Watershed District using GIS raster data. Slope and contributing drainage area was derived from the DEM. These two values were then multiplied to determine SPI for the watershed for each 3 meter by 3 meter area within the CLWD. Because the likelihood of gully erosion is generally low where rill and interrill flow occurs, areas where the upstream flow length is less than 300 feet were eliminated. Since SPI is a method for determining the potential for surface water erosion for overland flow, in-channel areas as described were also removed. Raw SPI values were then scored by ranking each value against all other values in the CLWD using a cumulative log-normal distribution. Terrain Analysis Summary - Watershed Scoring The ranked values of RUSLE and SPI were combined to create a scoring system for the entire CLWD watershed. This scoring system is on a scale of 100, with 100 being highest priority. The scoring system assumes an equal weight for SPI and RUSLE. SPI provides an index of erosion at the location, while RUSLE provides an index of the erosion for the upstream watershed. High scores correlate to areas where a high likelihood of erosion exists at that location as well as from the upstream contributing area. The Erosivity Score maps (Figures 20 and 21) illustrate the mean score for overland catchments within the CWLD Plan, 2012-2022 Appendix B. Public Meeting Issues 78 contributing drainage area of the CLWD. Areas with high erosivity scores to their pour points into the lakes show up as red triangles and areas with lower erosion potential values show up as green. The RUSLE and SPI values are also summarized along the runoff flow paths. Again, areas of concern show up with redder colored lines while lower concern areas are color coded with green lines. The red flow paths and triangles indicate show the highest erosion and sediment delivery potential. These areas should be first priority for ground truthing and then targeting with implementation projects. The maps have been downsized to fit into this report. For a larger version of the map, please see the CLWD website: www.cormorantwatershed.org. These maps will be used to prioritize areas for implementation projects such as sediment basins, grassed waterways, shoreline restoration, wetland restoration, and possibly structural measures such as riprap armoring in severe erosion locations. Having priority areas already identified will also position the CLWD well for receiving grant funding for implementation projects. The next step in evaluating the watershed for potential sediment control projects is to ground-truth the areas with red flow paths and red pourpoints to verify the GIS model. CWLD Plan, 2012-2022 Appendix B. Public Meeting Issues 79 This page intentionally left blank. CWLD Plan, 2012-2022 Appendix B. Public Meeting Issues 80 Appendix C. Prioritized Issues from Public Meeting SUMMARY A public meeting was held at the Cormorant Community Center on Monday, August 16, 2010 at 7:00pm. At this meeting, participants first brainstormed problems/concerns/opportunities for each category below in a facilitated process. Then, each person ranked their top 3 issues they feel need to be addressed in the Cormorant Watershed Plan update. The three top-ranked issues were: Shoreline issues (55 votes) Septic inspections around lakes (33 votes) Manage water outflow from District when desirable/permitted (20 votes) ISSUES WITH VOTES IN PARENTHESES a. Water Quantity Issues from Public Meeting: Water outflow restrictions (Increase water outflow from District when desirable/permitted) (20) Restricting flow of feeder ponds (5) Floating bogs with high water (1) Confusing Ordinary High Water marks (6) b. Water Quality Issues from Public Meeting: Point source pollution o Sewer inspections on real estate transfers and around lakes (33) o County sewer inspection requirements Non point source pollution o Shoreline issues (55 total from below) Shoreline restoration (19) Erosion control for construction (10) Lawn runoff (9) Green urban lawns on lakeshore (8) Shoreline with bare dirt on steep banks (3) Tree loss in shore impact zone CWLD Plan, 2012-2022 Appendix B. Public Meeting Issues 81 Need vegetative buffer strips upland, transitional and aquatic (3) Look into creation of berms (3) Sand blankets o Pharmaceuticals in water Groundwater pollution o Groundwater heat pump discharge regulation (lake and non-lake) (1) o Abandoned wells o Underground storage tanks Watershed pollution targets o Water quality monitoring plan (4) o Monitor lake connections o Inventory of pollution sources (5) Enforcement (6) Invasive species (3) o Lake accesses o Herbicide use in lake o Prevention c. Fish and Wildlife Habitat Issues from Public Meeting Need good bait habitat (1) Need good pond habitat Need good duck habitat Better protection for natural environment lakes (6) Re-establish emergent vegetation beds (high water) Lake stocking plan (4) Nuisance wildlife management Need good vegetation in lakes for fish d. Water Based Recreational Opportunities Issues from Public Meeting Middle Cormorant public beach improvement (1) Access at SE of Middle Cormorant (winter) (7) High water – recreation vs. property damage Upstream channel closures with zebra mussels No wake zones – promote 4 cycle vs 2 cycle motors (5) Channels getting wider (3) Upstream channel closures with Zebra mussels Access inspections report (5) CWLD Plan, 2012-2022 Appendix B. Public Meeting Issues 82 e. Unique Water and Land Related Resources Issues from Public Meeting Wild rice protection (1) f. Miscellaneous Issues from Public Meeting Communication with/between governmental bodies Lake Associations interactions with district and each other Enforcement of rules Grant dollars/matching funds CWLD Plan, 2012-2022 Appendix B. Public Meeting Issues 83 This page intentionally left blank. CWLD Plan, 2012-2022 Appendix C. Plan Comments and Responses 84 Appendix D. 60-Day Review Period Comments and District Responses CWLD Plan, 2012-2022 Appendix C. Plan Comments and Responses 85