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HomeMy WebLinkAboutCity Council Resolution 1995-484CITY OF PLYMOUTH RESOLUTION NO. 95 - 484 APPROVING FILIJNG WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR HOLLY CREEK 4TH ADDITION (95027) WHEREAS, Scherber Partnership Properties, the developers of Holly Creek 4th Addition propose to fill wetlands for the construction of the new residential and commercial development; and WHffitEAS, there are no reasonable alternatives for the location of these developments; and WHEREAS, Mitigation Plans were prepared, by a certified wetland consultant, Franklin J. Svoboda & Associates. Inc., proposing the replacement of wetlands, in kind at a ratio of at least 2 to 1 which is required by the Wetland Conservation Act of 1991; and WHEREAS, the Replacement Plans meet the requirements of the Wetland Act. NOW, TORS, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Mayor is authorized to execute the LOU'S Findings of Facts, approving the filling of wetlands and the Replacement Plan for wetland restoration at the sites located in the NW Section 17, subject to the following conditions: 1. The replacement wetland must be monitored by Scherber Partnership Properties for a five (5) year period from the date of completion. 2. The Scherber Partnership Properties' 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. 3. The replacement wetland must be constructed concurrently with site grading. 4. Scherber Partnership Properties 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. 5. 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 August 15, 1995. HDILYTILKAW