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HomeMy WebLinkAboutCity Council Resolution 2012-077CITY OF PLYMOUTH RESOLUTION NO. 2012-077 APPROVING THE FILLING OF WETLANDS AND THE WETLAND REPLACEMENT PLAN APPLICATION FOR HAMPTON HILLS SOUTH PLATEAU (201 1097) N'/2 SECTION 9 T1 18N R22W WHEREAS, Hampton Hills Investment, LLC is proposing to fill wetlands for constriction of sanitary sewer to serve 63 single family residential units within the proposed Hampton Hills South Plateau development; and WHEREAS, the replacement plan application was prepared replacing the wetlands at a minimum 2:1 ratio which is required by the Wetland Conservation Act; and WHEREAS, wetland mitigation for the Hampton Hills South Plateau development shall be in the form of a withdrawal of 26,600 square feet of wetland restoration credit from the Hampton Hills Wetland Bank; 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 Hampton Hills South Plateau 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. Constriction of the replacement wetland must be certified by the City of Plymouth after initial constriction and prior to the initiation of monitoring. 3. 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. The vegetative performance standard shall be 75% native, non-invasive vegetation in both the mitigation area and upland buffer area and shall be met within 5 years after constriction. 4. 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. 5. 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. 6. The developer's wetland consultant shall conduct and record periodic inspections during the constriction of all the newly created wetland basins. 7. The replacement wetland must be constricted prior to or concurrent with wetland impacts. 8. A deed creating a restrictive covenant running with the land for the replacement area must be recorded. The deed shall meet the requirements of the Wetland Conservation Act and 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 Hampton Hills South Plateau development. Approved this 28th day of February, 2012.