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lanuary 13, 2U10 <br /> MINNEHAHA CREEK WATERSHED DISTRICT <br /> Att�: Mr.James Wisker, Planner <br /> 18202 Minnetonka Blvd. <br /> Deephaven, MN 55391 <br /> SUBIECT: DRAFT RULE D:WETLAND PROTECTION <br /> CITY OF PLYMOUTH STAFF COMMENTS <br /> Dear Mr. Wisker: <br /> Thank you for the opportunity to comment on the Minnehaha Creek Watershed District <br /> (MCWD) draft Rule D: Wetland Protection. Several staff members from the City's Comrnunity <br /> Development and Pubfic Works Departments have had an opportunity to review the proposed <br /> language. Please accept the following comments for your consideration on the proposed draft <br /> revisions to the M9nnehaha Creek Watershed District Rule D: <br /> The effort of the District to develop revisions to Rule D: Wetland Protectior�that are as resflurce <br /> protective as passible without incurring excessive administrative costs or placing an undue <br /> burden on those subject to them is appreciated, however, the proposed revisions are certain to <br /> cantribute to increased public capital expenditures needed to co�rect flooding and water <br /> quality problems in the City of Plymouth, The proposed additional regulation, requirements <br /> and/or alternative approaches to the established regulatory requirements is the most <br /> significant concern for the City of Plymouth and is illustrated by the following items proposed in <br /> the Ruie 0 revisions: <br /> 1. �Requiring alE extavatian to be subject to replacement whether or not it is subject to <br /> the State of Minnesota Wefland Conservation Act(WCA). <br /> 2. Requiring a different siting priarity than WCA. <br /> 3. Requiring different sizing ratios than WCA, including punitive damages for mitigation <br /> outside of the Minnehaha Creek Watershed, outside of the seven-county <br /> metropolitan area, or for Type 1 and Z wetlands. <br /> 4. Application of wetland buffer requirements inconsistent with WCA. <br /> P:\permit\PERMIT ORIVE\DISTRICTTECHNIGAN\Rule Revlsfon\Draft Rules\Ru{e D\Comments\2009 <br /> Comments\Plymouth.docx <br />