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HomeMy WebLinkAboutCity Council Resolution 1995-323• CITY OF PLYMOUTH ( RESOLUTION No. 95 - 323 APPROVING FILLING NVETLANDS AND THE WETLAND REPI.ACF14UNT PLAN FOR SOO LIME EAST (94040) WHEREAS, the developers of SOO LITE BAST propose to fill wetlands for the construction of single family residential homes; and WHEREAS, there are no reasonable alternatives for the location of the SOO L M BAST; and WHEREAS, a Mitigation Plan was prepared replacing the wetlands in hind at a 2 to 1 ratio which is required by the Wetland Conservation Act of 1991; and WHEREAS, the Wetland Replacement Plan Applicsios, was reviewed and evaluated by the Technical Evaluation Panel, and WHEREAS, the Replacement Plan meets the requirements of the Wetland Act. NOW, TIERBFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Mayor is authorized to execute the LGU'S Findings of Facts, approving the filling of wetlands and the Replacement Plan for wetland restoration in Sl/2 Sec. 7 subject to the following conditions as recommended by the Technical Evaluation Panel: 1. The applicant will employ the following techniques to minimize the potential of impacting greater wetland areas than what is predicted in the plan- a. Cutoff trenches. With this technique, the lateral ground water movement near or around trenched areas should be minimized or limited. b. Surface Water Augmentation. The surface water collected will be used to compensate for the ground water movement from the wetlands wward the holding ponds. c. Weir structures. T1te weir structures at Wetland No. 2 and Wetland No. 14 will be used to maintain sufficient water level within the wetland basins. 2. Monitoring - the applicant will monitor the site, specifically Wetland No. 2 and Wetland No. 14 for any water table and ground water level changes that might impact the established wetland boundaries. Observation wells will also he placed near Wetland No. 4 or other on-site or off-site wetlands as reference wells. Observation wells are also to be established prior to the development for pre -development monitoring. The mon;►^ring will also include any existing ground water data collected for this project in the past years. 11te observation wells and the monitoring wells for Wetland No. 14 will be alaced prior to the development and all monitoring will be initiated prior to development. There will be at least two wells with two readings per day and other wells will be at once a week intervai.s. The monitoring will continue for at least five years. After two years of monitoring, if the 9".WC collected data show some evidence of normality or indicate the the system is functioning properly, thew the monitoring program, with the City's approval, may be scaled back to a lower level. N feasible, the City is also a wounrged to work with the applicant in developing some shared monitoring programs prior to and during the City's Northwest 19 hunk sanitary sewer construction. 3. Wetland basins A and B will be excluded from this application, however, the applicant will mitigate for these two basins irregardless. Since wetland basins A do B am not owned by developer, the city should be aware of possible private property rights being infringed upon, if wetland basins are drained. 4. There exists a degree of uncertainty in the pmjaxion of the impacted wdtland ams as proposed in the Weiland Replacement Plan Application. Consequently, mom we dand might be impacted than the predicted in the Mitigation Plan and if this occurs, additional compensating mitigation will be required as a result of the development. 5. A suitable cash surety / escrow should be obtained for repair and replacement of any failed wetland mitigation, or if additional wetlands are drained as a result of this project and further wetland mitigation is required. 6. Equalizer pipes will be used at both the south and north ends of proposed fell areas between basin 2 and basin 7, to keep the two basins connected. 7. The replacement wetland must be monitored for a five (5) year period from the date of completion. B. 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 in WCA rule 8420.0620. 9. The replacement wetland must be constructed concurrently with site grading. 10. The developer shall submit a letter of credit in the amount of the cost of the Replacement Plan. The letter of credit shall be for a period of five (5) years. If during the fiscal 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. It. 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. Adopted by the City Council on June 06, 1995. x WM.WC