Loading...
HomeMy WebLinkAboutCity Council Resolution 2011-166CITY OF PLYMOUTH RESOLUTION No. 2011-166 APPROVING THE FILLING OF WETLANDS AND THE WETLAND REPLACEMENT PLAN APPLICATION FOR HAMPTON HILLS 3RD ADDITION (201 1002) AND HAMPTON HILLS PHASE I S 1/2 SECTION 4 T1 18N R22W N'/2 SECTION 9 T1 18N R22W WHEREAS, Hampton Hills Investment, LLC is proposing to fill wetlands for constriction of the proposed Hampton Hills 3rd Addition single family residential development; and WHEREAS, the wetland replacement plan for Hampton Hills Phase I was approved on July 13, 2010; and WHEREAS, the Hampton Hills -1 Addition wetland replacement plan shall provide for mitigation of all wetland impacts associated with both the Hampton Hills -1 Addition and Hampton Hills Phase I developments; and WHEREAS, the Hampton Hills -1 Addition wetland replacement plan provides the most reasonable alternative for wetland impacts; 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 of 1991; and WHEREAS, the applicant is creating a wetland bank for up to 270,072 square feet of wetland restoration credit in the amount of 50,808 square feet; and WHEREAS, wetland mitigation for the Hampton Hills -1 Addition and Hampton Hills Phase I development shall be in the form of a withdrawal of 50,808 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 -1 Addition and Hampton Hills Phase I 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. Resolution 2011- Resolution No. 2011-166 Page 2 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. 9. This approval does not constitute approval of wetland impacts for future phases of the Hampton Hills development. FURTHER BE IT RESOLVED: That the Mayor is authorized to execute the Wetland Replacement Plan Application for the Hampton Hills 3rd Addition and Hampton Hills Phase I development. Approved this 24th day of May, 2011.