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LYMAN PR�P�RZ`IES, I.f.L.C� 300 MORSEAVENL7E <br /> EXCELSIOR,Mld 55331 <br /> OFFICE(952)470-3634 <br /> �ax(952�a�a36�a <br /> December 17, 2009 <br /> The Board of Managers <br /> Minnehaha Creek Watershed District <br /> 18202 Minnetonka Blvd ����p <br /> Deephaven, MN 55391 <br /> �G � 1 � <br /> Re: Proposed Rule D (Wetland Protection) <br /> Dear Managers, <br /> As a member of the Cifizens Advisory Committee for the last 30+ manths, { am writing io <br /> comment on the praposed revisians to Rule R as recently pubiished. As you may recafl, <br /> this rule received lang and considerable discussion at the committee level, muCh Of !t <br /> focused on the methodofogy of proposals to widen and enhance buffer widths. I believe <br /> thase discussions have borne fruit in this new ru{e text. However, there is language in <br /> Section 4 (a1 Buffer, initially included in rough drafts late last summer, which k <br /> overloaked and which were recently brought to MCWD sta�f attention by Mr. Poggi P.E. <br /> af the Technical Advisary Committes. The inclusion is "....that will be disturbed or is <br /> down gradient from the land disturbance." The clear cannotation here is to require a <br /> buffer around the entire dawn gradient wetfand, not just its upgrade buffer edge that may <br /> receive some runoff (as is how tha cuRent rule is phrased). Under this new language, <br /> fhe MCWD has the ability to literatly take undisturbed and non-impacted upland from an <br /> owner and convert it into protected buffer by a defacto conderr�nation withauf due <br /> process. This is without any demonstrated need resulti�g from increased flow ar volume, <br /> if any. This new language is, I believe, a taking and cauld raise serious use restrictions <br /> on smaller parcets triggered into the permit process by the lower threshofds in Rules N <br /> and B. <br /> I strongly urge a Board and staf#revisit to this portion of the rule draft with an eye to the <br /> remaval of any demand for additional buffer width on wetlands within a permitee's <br /> property except those immediate buffer areas impacted by greater flows or valumes as <br /> a result�f other perr�itted activEties an the property. <br /> Thank you for your consideratian. <br /> Sincerely, �r <br /> .._--• i`y <br /> .... ;.r`,.ye,�,�,���:�......... .... .. . . <br /> f��f � . .,'}F . <br /> s�� Jarries VC�.,lotinston <br /> �„f-��ce.R�esident � <br /> cC: James Wisker � <br />