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HomeMy WebLinkAboutResolution No. 465-14 • 4G5-14 D23 RESOLUTION WHEREAS, Hanson and Younge, LLC, proposed the filing of 0.91 acres of Type 2 wetlands located on both City of Rochester and private property west of Willow Creek Reservoir. The wetlands consist of Type 2 wet meadow wetlands located along a drainage channel and extend both up and down gradient along the stream. Wetlands are proposed to be filled due to the proposal to provide road access to lands within the City located south of the stream. The proposed impacts due to the road crossing have been reduced since the previous proposal in 2005; and, WHEREAS, the Technical Evaluation Panel ("TEP") reviewed the alternatives and found that they meet the minimum standards for sequencing. The TEP agreed that avoidance of the wetlands was not feasible due to the configuration and location of the wetland, topography, existing drainage patterns, and road connectivity in this area of the City. The minimum • replacement acreage is 2.37 acres. The applicant proposed replacement on site creating 2.42 acres of new wetlands in two separate locations adjacent to the reservoir; and, WHEREAS, the wetland replacement is at a 2:1 ratio because the replacement wetland is in-kind replacement. The applicant received 75% credit for the onsite direct replacement. The TEP did not object to the wetland replacement plan; and, WHEREAS, the new wetland rules require a financial assurance where the replacement is not in advance of the impact. The Local Governmental Unit has the option to waive the financial assurance under 8420.0522, subp. 9, if it determines that it is not necessary. The applicant is required to monitor the wetland replacement sites and obtain permits for grading and buildings giving the City adequate means to assure compliance; and, WHEREAS, the TEP reviewed the application and recommended approval subject to the below described conditions: 1. The applicant must provide a Declaration of Restrictions and Covenants for Replacement Wetland document covering the direct replacement areas and record the document as required by the wetland rules; 2. The applicant must obtain a grading plan approval from the City; 3. The applicant must submit as-built surveys to assure compliance with the • proposed grading plan; and, 4. The applicant must complete the monitoring plan submitted as a part of the • 9�5-1. D23 replacement plan for the on-site replacement; and, WHEREAS, this matter came before the City of Rochester Common Council on October 20, 2014, for a final decision on the replacement plan. The Council considered all information presented to it including that information found within the Council Agenda packet. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the City approve the Wetland Delineation and Replacement Plan presented by Hanson and Younge, LLC, for the filing of 0.91 acres of Type 2 wetlands located on both City of Rochester and private property west of the Willow Creek Reservoir subject to the above four conditions. BE IT FURTHER RESOLVED that the City waives the financial assurance requirement found at Minnesota Rules 8420.0522, subp. 9. The Mayor and the City Clerk are authorized and directed to approve this plan on behalf of the City. • PASSED AND ADOPTED BY THE COMMON COUNCIL. OF THE CITY OF ROCHESTER, MINNESOTA, THIS zoth DAY OF OCTOBER 2014, Vie PRff8lbENT CAP SAID COMMON COUNCIL t,,I CfTY CLERk� APPROVED THIS �lsk^ DAY OF 5?��I'i , 2014. MAYOR OF SAID CITY pL.,1lf SC G :lsyN�� pk9FE.b.AU;y�Y •� • Zonal OkWetland.ApproveOS