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3.0. BASR 09-28-2004
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3.0. BASR 09-28-2004
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9/28/2004
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JUN18 120 <br /> y�P� pF MINIy`c'0,„ <br /> Minnesota Department of Natural Resources <br /> • r-li <br /> v J¢ <br /> A ft, <br /> o 500 Lafayette Road <br /> F .10 St.Paul, Minnesota 55155-40_ <br /> °FNATIJRP DNR Waters, Box 32 <br /> 651-296-0440 <br /> June 16, 1999 <br /> Stephen Rohlf <br /> Building and Zoning Administrator <br /> City of Elk River <br /> 13065 Orono Parkway <br /> P.O. Box 490 <br /> Elk River, MN 55330 <br /> Re: Wild and Scenic River Ordinance Amendments <br /> Dear Mr. Rohlf: <br /> Thank you for your letter to Larry Kramka dated March 18 (which we received May 12) <br /> describing proposed changes in the Wild and Scenic River Ordinance in the City of Elk <br /> • River. We understand and concur in the city's need for greater flexibility in developed <br /> urban areas. Comments of the Minnesota Department of Natural Resources follow, in the <br /> same order as discussed in your letter. <br /> 1. Boundary changes to accomodate existing commercial uses. <br /> Your letter correctly references M.S. 103F.325, Subd. 1(a): "For each river proposed to be <br /> included in the wild and scenic rivers system, the commissioner shall prepare a <br /> management plan, without unreasonable restrictions upon compatible, preexisting; <br /> economic uses of particular tracts of land, to preserve and enhance the values that cause <br /> the river to be proposed for inclusion in the system." (Emphasis added.) It would also be <br /> appropriate to reference M.S. 103F.325, Subd. I(b)(4): "include proposed rules governing <br /> the use of public lands and waters within the area, which may differ from statewide rules <br /> to the extent necessary to take account of the particular attributes of the area."(Emphasis <br /> added.) We feel the statutes clearly give us the flexibility necessary to accomodate the <br /> existing commercial uses described in your letter. ° <br /> We concur with the city's proposal to amend the boundary in Sections 2, 3, 10 and 11 to <br /> provide continued protection for the crest of the bluff but also to provide flexibility for the <br /> existing commercial properties along Highway 10. We agree with you that the 50-foot <br /> buffer you propose(which would require a conditional use permit)would adequately protect <br /> • vegetation and visual character. <br /> .DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 <br /> An Equal Opportunity Employer I11' Printed on Recycled Paper Containing a . <br /> Who Values Diversity Itli Minimum of 10%Post-Consumer Waste <br />
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