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_�\ <br /> � <br /> �� ����� <br /> � �����o o ������, <br /> � r,.,� � <br /> �� C ITY of ORONO <br /> �� � � �,,,� <br /> , -,� <br /> �',,� � ,�,� �"'1 ��ti�:�� Municipal Offices <br /> Street Address: Mailing Address: <br /> `�`��fEggOg'� 2750 Kelley Parkway P.O. Boz 66 <br /> _— Orono, MN 55356 Crystal Bay, MN 55323-0066 <br /> January 12, 2010 <br /> Minnehaha Creek Watershed District Board of Managers � <br /> G! <br /> c/o Eric Evenson, District Administratar 0 <br /> 18202 Minnetonka Boulevard � <br /> Deephaven, MN, 55391 � <br /> .,1� /a <br /> Re: Comments on Proposed Rules D and F G�5 <br /> � <br /> Dear Eric and Managers: <br /> Thank you for the opportunity to comment on your proposed rule changes. We appreciate and <br /> value the contributions of the Rulemaking Task Force members and Technical Advisory <br /> Committee members. After carefully reviewing the proposed language it appears the City is in <br /> general agreement with a majarity of the proposed regulations. <br /> We have the following comments regarding Rule D—Wetland Protection: <br /> Protection of wetlands has long been a priority for the City. For the last four years our staff has <br /> been administering comparable wetland regulations that have a trigger similar to the proposed 50 <br /> cubic yards of excavation or 5,000 square feet of land disturbance. Based on this experience we <br /> ask for the following changes to the proposed regulations: <br /> 1. Proposed Rule: Proposed language would establish required buffer widths based on the <br /> rype of wetland as well as on the slope and soils within the buffer. <br /> Comment: The benefits of the additional few feet of buffer gained by using soils and <br /> slope as determinant factors would be limited and would not offset the burden imposed <br /> on the property owner in determining the width of the buffer. We would prefer these <br /> factors be eliminated, but if they are retained, addition guidance should be added as to <br /> where soils and slopes would be measured since they can vary throughout the buffer. <br /> 2. Proposed Rule: If a buffer is not triggered, buildings and other� improvements may be <br /> constructed within the buffer. � <br /> Comment: There should be a prohibition of any new encroachment into a potential future <br /> buffer area or setback, even if buffer establishment is not triggered as part of the <br /> imn�ediate project. This is currently part of the City's regulations. It ensures there will <br /> be room for the buffer in the future. <br /> Telephone(952)249-4600 • Fax(952)249-4616 <br /> www.ci.orono.mn.us <br />