B. Preliminary Survey: Objectives And Limitations
Remember that early coordination with the reviewing/permitting authorities can help scope the survey needed and limit additional information requests that may delay the project and/or add additional costs.
The engineer commences the preliminary survey after receiving the drainage authority's order issued in response to a petition for a Minn. Stat. § Chapter 103E drainage project. An initial task is to clearly identify the objectives of the work leading to the preliminary survey and survey report.
These objectives can be of two types:
- Goals and objectives of the petitioners and drainage authority found in the petition and order which are consistent with Minn. Stat. § 103E Drainage Law; and
- Objectives related to the considerations of Minn. Stat. § 103E.015, or as expressed through applicable law or rule.
Following are the preliminary survey tasks as outlined in Minn. Stat. § 103E.245 Preliminary Survey and Preliminary Survey Report:
Note: Early coordination with reviewing/permitting authorities prior to any significant engineering is highly recommended to help the engineer scope the drainage project and the subsequent preliminary survey and report, limit additional information requests that may delay the project, and control costs.
1. Examine the drainage petition and order:
- To ensure that the objectives of the petitioners and the drainage authority are clearly understood; and
- To determine the type of improvements required (e.g., flood prevention, surface drainage, or subsurface drainage).
2. Make a preliminary survey of the area likely affected by the proposed drainage project:
- To determine whether the proposed drainage project is necessary and feasible with reference to the environmental, land use, and multipurpose water management criteria in Minn. Stat. § 103E.015, Subd. 1, including but not limited to the consideration of alternate measures identified in applicable state-approved and locally adopted water management plans, (ie., a watershed district's overall plan (if applicable), a county water plan (greater Minnesota), or a water management organization (WMO) plan (7-county Twin Cities Metro area), if available), and consideration of the public utility, benefit, or welfare of the proposed drainage project as directed in Minn. Stat. § 103E.015, Subd. 2; and
- To determine preliminary project costs in support of the drainage authority’s required investigation of potential use of external sources of funding and technical assistance per Minn. Stat. § 103E.015, Subd. 1a.
3. Examine and gather information related to determining whether the proposed drainage project substantially affects areas that are public waters:
The petitioners for a proposed drainage project or the drainage authority may apply to the com-missioner for permission to do work in public waters or for the determination of public waters status of a water body or watercourse. See Minn. Stat. § 103E.011, Subd. 3.3b.
- To determine if permission from the Commissioner is required as specified in Minn. Stat. § 103E.011, Subd. 3; or
- To determine whether the proposed drainage project will require any local, state or federal permits or permission (i.e. in compliance with zoning regulations or standards adopted by a local government unit; the Minnesota Wetland Conservation Act, adopted in 1991 and amended; Section 404 (Federal -- see Chapter 2 of this manual) which requires mitigation for impacts to most wetlands; "Farm Bill" implications as discussed in Chapter 2; the National Pollutant Discharge Elimination System (NPDES); and 103G.245).
- To determine what buffers are required under Minn. Stat. § 103E.021 and Minn. Stat. § 103F.48.
4. If the proposed drainage project requires construction of an open channel, examine the nature and capacity of the outlet and any necessary extension:
- To determine the adequacy of the outlet(s) for the needed drainage.
Note: Although this clause in Minn. Stat. § 103E.245 is specific to open channel construction, the nature and capacity of the outlet are pertinent to tile projects as well.