HomeMy WebLinkAboutCity Council Resolution 2009-253CITY OF PLYMOUTH
RESOLUTION No. 2009-253
APPROVING THE WETLAND REPLACEMENT PLAN APPLICATION
FOR ELM CREEK HIGHLANDS (2009046)
NE 1/4 SECTION 7 T1 18N R22W
WHEREAS, Centex Homes is proposing to fill wetlands for constriction of the proposed Elm
Creek Highlands 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 (WCA) of 1991, as updated in
August 2009; and
WHEREAS, the applicant is creating wetland credits in the form of newly constricted
wetland and wetland buffer in the amount of 7,160 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 Elm Creek Highlands 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 to replace wetlands described as impacted in 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 and
appropriate consents to the replacement wetland must be recorded per Wetland
Conservation Act riles. The deed and consents 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: The Mayor is authorized to execute the Wetland
Replacement Plan Application for the Elm Creek Highlands development.
APPROVED THIS 13TH DAY OF OCTOBER, 2009.