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<br />wetlands filling. If these permits are denied, or approval of the wetland permit and mitigation plan is <br />subject to conditions which significantly impact the Subdivision, the final plat for the Subdivision shall <br />be resubmitted to the City Council for consideration of changes required for the wetland approvals. <br />The City shall receive a copy of the monitoring report annually for three years. <br />(03) Erosion Control. Prior to initiating any work on the site, the erosion control plan, Plan B, <br />shall be implemented by the Developer and inspected and approved by the City or other regulating <br />authority. The City may impose additional erosion control requirements if they are deemed necessary <br />to protect the downstream waters of the state. All areas disturbed by the grading operations shall be <br />stabilized per the MPCA NPDES Stormwater Permit for Construction Activity and the City MS4 <br />permit. Seed shall be in accordance with the City’s current seeding specification which will include <br />temporary erosion control measures to provide ground cover as rapidly as possible. All seeded areas <br />shall be fertilized, mulched, and watered as necessary for seed retention and growth. The parties <br />recognize that time is of the essence in controlling erosion. If the Developer does not comply with <br />the MPCA NPDES Stormwater Permit for Construction Activity, the City MS4 permit, with the <br />erosion control plan and schedule, or supplementary instructions received from the City or other <br />regulating authority, the City may take such action as it deems appropriate to control erosion. The City <br />will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do <br />so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does <br />not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may <br />draw down the letter of credit to pay any costs. No development, utility or street construction will be <br />allowed and no building permits will be issued unless the plat is in full compliance with the approved <br />erosion control plan. <br />(04) Grading. The Subdivision shall be graded in accordance with the approved grading <br />development and erosion control plan, Plan B. The plan shall conform to City specifications. Within <br />thirty (30) days after completion of the grading and before the City approves individual building <br />permits (except up to three model home permits on lots acceptable to the Building Official per section <br />18), the Developer shall provide the City with an “as constructed” grading plan certified by a registered <br />land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been <br />constructed on public easements or land owned by the City. The “as constructed” plan shall include <br />field verified elevations of the following: (a) cross sections of storm water treatment/infiltration basins; <br />(b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and <br />dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and (c) lot corner <br />elevations and house pads, and all other items listed in the City Code. The City will withhold issuance <br />of building permits until the approved certified grading plan is on file with the City and all erosion <br />control measures, including full vegetation of entire site, are in place as determined by the City <br />Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been <br />monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation <br />and testing report, including referenced development phases and lot descriptions, shall be submitted <br />to the Building Official for review prior to the issuance of building permits. <br />(05) Clean Up. The Developer shall clean dirt and debris from all streets that has resulted from <br />construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to <br />any construction in the plat, the Developer shall identify in writing a responsible party and schedule <br />for erosion control, street cleaning, and street sweeping. <br />(06) National Pollutant Discharge Elimination System Requirements. Prior to the commencement <br />of any work, the Developer shall provide a signed Storm Water Pollution Prevention Plan for City <br />review and approval to control erosion from the site. Because the site is over one (1) acre, the <br />Developer shall also apply for and obtain an NPDES permit from the Minnesota Pollution Control <br />Agency. <br />9 <br />