2019.02.04 CC Packet - Laserfiche WebLink

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D '7A City boundaries, except as the District and City have agreed, and further that the District and City shall agree as to which will act as the WCA LGU; WHEREAS pursuant to Minnesota Statutes §103B.235 and WMP subsection 8.3.2, District approval of the Local Plan requires a finding that the official controls of the City will protect water resources to a degree equivalent to that of the District rules, and further is conditioned on District approval of inspection and administrative procedures for the City's effective implementation and enforcement of its official controls, and on mutual establishment of a framework for the District's periodic review of the City's regulatory program; and WHEREAS District approval of the Local Plan is conditioned on execution of this MOU setting forth the respective roles and responsibilities of the District and the City in regulating potential water resource impacts within the City; NOW THEREFORE the parties enter into this MOU in order to document the understanding of the parties as to the roles and responsibilities of each, and to replace the April 28, 2004 MOU. Terms 1. The City may exercise all present and future authority it otherwise may possess to issue permits for and regulate activities affecting water resources within the City. 2. The City in its Local Plan commits to adopting ordinances materially identical to those attached hereto as Exhibit A. The District will continue to refrain from exercising regulatory authority under its Rules C (Stormwater Management Plans), D (Erosion and Sediment Control Plans), E (Floodplain Alteration) and F (Wetland Alteration) within municipal boundaries provided that within 180 days of District adoption of Resolution a. The District has confirmed that the City's ordinances are adopted and in effect; and b. The District and City have agreed on written protocols for: (i) City inspection and administrative procedures to administer and enforce its water resource ordinances, including maintenance of those stormwater practices constructed or installed for compliance with City ordinances pursuant to this MOU and that the City owns or has assumed the obligation to maintain; (ii) City transmission of information to the District regarding changes to the City's hydrology or conveyance systems that the District finds warranted to keep its watershed models and data systems current; and (iii) District procedures for periodic field inspection of development projects and operational audits of the City's regulatory program implementation. 3. The City shall serve as the WCA LGU within municipal boundaries on the City's acknowledgement to the Minnesota Board of Water and Soil Resources pursuant to Minnesota Rules 8420.0200. 2