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r <br />4.The City Council reviewed this application on September 22, 1997 and made the <br />following findings: <br />A. <br />B. <br />C. <br />D. <br />E. <br />The applicants propose to fill 0.56 acres of wetlands protected by City of <br />Orono Ordinances and the Wetland Conservation Act, plus an additional <br />0.25 acres of wetland protected only under the Wetland Conservation Act, <br />for which the Minneh^ Creek Watershed District is the City's designated <br />local unit of government (LGU). <br />Tlic wetland impacts are a result of filling within ten small wetland basins <br />adjacent to existing County Road 6, A portion of the fill will impact <br />designated floodplain along Painter Creek. <br />The impacted area of the four Orono-protected wetlands which will <br />experience some filling is small compared to the total aggregate area of <br />those wetlands. Wetlands No. IN and IS (as designated in the applicants' <br />plans) are part of the Painter Creek drainageway, of which 0.24 acres will <br />be impacted. The area of Wetland No. 5N is approximately 0.35 acres of <br />which approximately 0.07 acre will be impacted. Wetland No. 6N is <br />approximately 0.85 acres of which 0.25 acres will be impacted. <br />The 0.81 acres of impacted WCA protected wetlands will be certified to the <br />State for mitigation per BWSR requirements. The applicant will be required <br />by MCWD to pay $34,500 towards regional storm water ponding facilities <br />in lieu of providing a NURP pond for this project due to a number of <br />factors including the linear nature of the project; the ponding design area <br />that would be needed to handle off-roadway contributing areas greatly <br />exceeds the impacts created by the added impervious roadway surfaces; and <br />the proximity tc the existing Painters Creek stormwater facilities.. <br />Municipal Zoning Code Section 10.56, Subdivision 16 (J)(5a) requires that <br />the City give consideration to the functional qualities of the wetlands being <br />filled in relation to sediment and pollutant trapping and retention, storage <br />of surface runoff to prevent or reduce food aamage, fish and wildlife <br />habitat, recreational use, shorelire or bank stabilization, and <br />Page 2 of 6 <br />' s A. ..,