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portion of the mitigation plan is adjacent to the wetland designation as the <br />"Southwest Wetland" on the attached map. <br /> <br />The comment period on this issue ended on August 13, 2004. The appeal period for this <br />issue is 15 working days after the Council's decision. <br /> <br />RECOMMENDATION <br /> <br />Staff recommends approval of the filling and mitigation plan for this project with <br />the following stipulations: <br /> <br />1. A restrictive covenant and drainage and utility easement be recorded over the <br /> mitigation and buffer areas. <br /> <br />2. The Developer's Agreement for the project includes language that places the <br /> responsibility for the success of the wetland mitigation on the developer. <br /> <br />3. The letter of credit, which covers the public improvements associated with the <br /> project, also includes the cost of the mitigation work. <br /> <br />The developer submit a written monitoring report on the replacement wetlands <br />one year after this mitigation work is completed and that this report be <br />approved by city staff prior to the release of the letter of credit. <br /> <br />A fifteen foot buffer strip of natural prairie vegetation is added around the <br />wetland in Outlot "G" with signage indicating that is not to be mowed. Further, <br />Outlot "G" shall remain in the ownership of the homeowners association for the <br />plat. <br /> <br />6. That the US Army Corps of Engineers accept the wetland delineation for the <br /> plat. <br /> <br />7. DNR and USACOE approval of the wetland restoration in the floodplain located <br /> in the southwest corner of the plat. <br /> <br /> <br />