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WHEREAS, on December 19,2002 the Minnehaha Creek Watershed District Board <br />adopted Resolution Number 019-02 Approving the City of Orono’s Local Water Resources <br />Management Plan, finding that the Plan meets the requirements for local plan approval set forth in <br />the MCWD’s Water Resources Management Plan, including that the City has demonstrated draft <br />official controls described in the Plan will protect the MCWD’s water resources at least as well as <br />the MCWD’s rules; and <br />WHEREAS, the MCWD approval resolution noted that MCWD’s ability to approve <br />the Plan rests on the City ’s agreement that the MCWD will continue to exercise its present regulatory <br />authority within those parts of the City where the MCWD has jurisdiction except for Rule B Hrosion <br />and Sediment Control regulatory authority; and <br />WHEREAS, it is the intent of the City of Orono as stated within the SWMP Section <br />1.7 to assume permitting responsibility for Erosion and Sediment Control Regulatory Authority as <br />soon as official controls are in place, and to in the future assume authority over additional <br />jurisdictional responsibilities; and <br />WHEREAS, the M(, WD approval resolution indicated that approval is subject to the <br />fulfillment of a number of conditions, including: <br />a. <br />b. <br />c. <br />d. <br />e. <br />City and MCWD 'shall execute a Memorandum of Understanding establishing <br />implementation responsibilities between the two bodies. <br />City shall incoiporate the MCWD wetlands functions and values assessment into the <br />Orono SWMP within 120 days of its submittal to the City. <br />City shall adopt an erosion control ordinance that is at least as protective as NK’WD <br />Rule B within (»months of execution of the Nlemorandum of LIndcrsianding. <br />I ity will not otherwise amend the Plan before adoptio <br />City shall amend the Plan language to state the following: <br />1. That the City docs not presently have official controls in place that will <br />provide for protection of water re.sources to the same degree as the MCWD Rules. <br />2. That the Plan shall ensure protection ofwater resources w ithin theCity <br />to the same degree as achieved by the MCWD Rules by authorizing .MCWD to <br />continue to require permits for the use and development of land, and otherwise <br />exercise its regulator)' authority, within the meaning of Minnesota Statutes 10.^B.2 11, <br />subd. l(aH3HI). <br />Page 2 of 3