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(2) infrastructure, the planned cluster development shall include implementation of low -impact stormwater management practices that focus on on-site infiltration and site design to minimize and improve the quality of runoff and mitigate any increased density and impervious surfaces. (3) In order to achieve the intent of the Executive Order 79-19 Rural Open Space District guidelines to preserve open, scenic and natural characteristics and ecological and economic functions and the Wild and Scenic Rules permitted uses, any nonresidential use on this site within the Corridor shall be clustered near Highway 10 and a minimum of 800 feet from the river. (4) The Critical Area maximum height restrictions of 35 feet and screening and buffering requirements shall take precedence for development within the Corridor. (5) In order to meet the guidelines for the Rural Open Space District to preserve open, scenic and natural characteristics and ecological and economic functions, all future uses and new development of these lands shall be permitted only in accordance with the City's Critical Area Plan as approved by the DNR's Conditional Approval; the EQB or DNR -approved Zoning & Land Use Regulations affecting the Corridor, the standards of Executive Order 79-19, other applicable laws, and this approval. (6) These ordinance amendments and incorporated reference map shall become effective following DNR approval and when subsequently enacted by the City in accordance with MN Statutes, section 462.357 or other applicable statutory and city procedures. According to Executive Order 79-19, local units of government shall adopt the approved amendments with conditions within 45 days of DNR's approval, and shall notify DNR. Please send Sandy Fecht of this office within 30 days of such City action: notification of the final City Council action of the ordinance amendments, and notification of the subsequent enactment and effective date. (7) If plan or ordinance amendments or rezonings are proposed in the future for lands within the Critical Area Corridor, please submit such requests and all pertinent information relating to its consistency to Sandy Fecht of this office. She remains the primary contact for technical assistance for Mississippi River Corridor ordinance interpretation, submission and approvals for Plan and Ordinance amendments affecting lands within the Corridor including ordinance amendments, and working with you on amendments to your ordinance to comply with the Executive Order, the conditionally approved Plan, and voluntary Mississippi National River Recreation Area (MNRRA) policies. Thank you for your continued protection and preservation of the Mississippi River Critical Area Corridor through proper implementation of this conditional approval and your plan and regulations. We look forward to continuing our working relationship with you on development activities and improvement of the Critical Area ordinance. Sincerely, DNR WATERS �.Q'\\ .&O Russel M. Schultz Acting Assistant Director cc: Metropolitan Council - Victoria Dupre National Park Service - Susan Overson, 111 E. Kellogg., St. Paul Area Hydrologist Tom Hovey Rebecca Wooden Sandy Fecht 2