Frequently Asked Questions

When is a Site Development Permit necessary?
A Site Development Permit is required any time there is a soil disturbance.

Are there cases where I will be exempt from obtaining a Site Development Permit?
In most cases you will need a permit. There are several cases where exemptions can be made and are listed in Section 1.5 of the Tribal Manual of Approved Erosion Control and Storm Water Management Practices.

What do I need to submit with a Erosion and Sediment Control Plan?
- All land disturbing activities greater than 10,000 ft 2 require an Erosion and Sediment Control Plan.
- Some sites less than 10,000 ft² will require an Erosion and Sediment Control Plan depending on the following:

• Proximity to a water body
• Slope where disturbance is occurring
• Type and duration of disturbance
• Soil type where disturbance is occurring

Note: If the size of the disturbance is greater than an acre or the disturbance is within 25 feet of a water body, you must also submit a Storm Water Pollution Prevention Plan.How do I know what contents are in an Erosion and Sediment Control Plan? You will need to:

• submit the narrative, the maps, and details as described in Chapter 3 of Part I of the Manual of Approved Erosion Control and Storm Water Management Practices.
• submit a Required Elements Checklist found in the Appendix of Part I of the Manual.
• submit a letter of transmittal.

Is there an example to follow?
Yes, in the Appendix of Part I Tribal Manual of Approved Erosion Control and Storm Water Management Practices there is an example Site Development Permit, letter of transmittal, required elements checklist and sample maps for Residential Developments.

When am I required to develop a Storm Water Pollution Prevention Plan?
A Storm Water Pollution Prevention Plan (SWPPP) will be required whenever a site disturbance is greater than or equal to 1 acre or the site disturbance is within 25 feet of a lake, wetland, river or stream? At the discretion of the Business Council other circumstances may warrant a SWPPP.

Who will prepare the plans?
The plans must be prepared or approved and signed by a civil engineer, architect, professional hydrologist, or landscape architect certified or licensed in the State of Minnesota. Where do I find the necessary information?
The professionals listed above will have access to most of the information needed to develop Erosion and Sediment Control Plans and Storm Water Pollution Prevention Plans. While the Land Department will not complete the plans, if requested the Land Department can also provide information or sources of the information.

How long will it take to review the plans?
The Tribe will complete the review within 30 days – usually much less time is needed.

Can I begin work without the Site Development Permit?
The Site Development Permit must be approved before any Land Disturbing Activity can begin.

What are the inspection requirements?
An authorized SMSC representative together with the Permittee(s) will complete the initial control inspection and the final stabilization inspection. The Permittee(s) is responsible for the weekly inspections and the inspections required within 24 hours after a 0.5 inch rainfall. All inspections must be recorded on the inspectors log (see Appendix).

What are the enforcement procedures?
If there are problems with erosion, sediment or storm water control an authorized Community representative will ask the Permittee(s) to rectify the situation. If the problem persists a stop work order will be issued and work will cease. If the situation is still not rectified the SMSC will notify the Permittee(s) of the intent to repair and then repair the deficiencies. The stop work order will continue to be enforced until the SMSC is reimbursed for work completed.

Are the best management practices in part II of the manual the only allowable methods for erosion, sediment and storm water control?
No, the general goal is a stop sediment from leaving a construction site and account for any additional storm water. If you have alternative methods present them in the Erosion and Sediment Control Plan and/or the Storm Water Pollution Prevention Plan as you would with other best management practices.

What is final stabilization?
The preferred method is to have a landscape plan implemented. Otherwise, final stabilization means that all temporary erosion control devices have been removed, all permanent erosion control devices have been installed, and the site has a ground cover density of at least 70%.

If the requirements are included here why should I read the Tribal Manual of Approved Erosion Control and Storm Water Management Practices?
Only selected sections from the Manual have been included here. Section 1 of Part I of the manual contains the general provisions that are applicable to everyone. Section 2 contains the general erosion control requirements for all disturbances and storm water requirements for disturbances greater than 1 acre. Section 3 contains the requirements of an Erosion and Sediment Control Plan that are applicable to everyone. Section 4 contains the requirements of the Storm Water Pollution Prevention Plan applicable to disturbances greater than 1 acre. The most useful part of the plan may be contained in the Appendices where you can find the Required Elements Checklist, the Inspection Log, and a sample Erosion and Sediment Control Plan with an example Letter of Submittal, an example Required Elements sheets, and an example Inspectors Log.