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HomeMy WebLinkAboutCity Council Resolution 2009-202CITY OF PLYMOUTH RESOLUTION NO. 2009-202 APPROVING THE WETLAND REPLACEMENT PLAN APPLICATION FOR SPRING MEADOWS (2009025) SE 1/4 SECTION 5 T1 18N R22W WHEREAS, Gonyea Company, Inc. is proposing to fill wetlands for constriction of the proposed Spring Meadows single family residential development; and WHEREAS, there are no reasonable alternatives for the location of this project; and WHEREAS, a replacement plan application was prepared replacing the wetlands at a minimum 2:1 ratio which is required by the Wetland Conservation Act of 1991; and WHEREAS, the applicant is creating additional new wetland credit in the amount of 6,208 square feet; and WHEREAS, the Sequencing Findings of Fact have been prepared for this project; and WHEREAS, the Replacement Plan meets the requirements of the Wetland Conservation Act. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: The filling of wetlands and the Replacement Plan Application for the Spring Meadows Development is approved subject to the following conditions: 1. The applicant shall submit a copy of the contract made with an appropriate party to complete the WCA replacement wetland monitoring requirements. 2. The replacement wetland must be monitored for a five (5) year period from the date of completion and the monitoring plan must include a section on management of upland buffer, wetland vegetation, wetland hydrology, tree management and invasive plant control such as buckthorn and reed canary grass. 3. The developer's wetland consultant shall submit an annual monitoring report to the City of Plymouth on the anniversary date of the completion of the replacement wetland for a period of five (5) years containing information required by the Wetland Conservation Act. 4. Prior to disturbing any wetland area, the developer shall submit a letter of credit in the amount of the cost of the Replacement Plan. The letter of credit shall extend at least until completion of the five year monitoring period. If during the five year period the replacement wetland does not perform as proposed in the plan, work as necessary shall be undertaken by the developer to bring it into conformance. 5. The developer's wetland consultant shall conduct and record periodic inspections during the constriction of all the newly created wetland basins. 6. The replacement wetland must be constricted prior to site excavation. 7. A deed creating a restrictive covenant running with the land for the replacement area must be recorded. The deed shall be submitted to the City for approval before recording and a recorded copy shall be submitted to the City after recording. FURTHER BE IT RESOLVED: That the Mayor is authorized to execute the Wetland Replacement Plan Application for the Spring Meadows development. APPROVED THIS 25TH DAY OF AUGUST, 2009.