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' ! <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />erants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional <br />^rmit per Section 10.03. Subdivision 19 to permit the excavation of two ponds in a pn>iected <br />wetland of the City, subiect to the following conditions: <br />3. <br />The annual excavation of peat from the wetland shall be limited to 200 cubic <br />yards. <br />Applicant must obuin an annual land alteration permit from the City of Orono to <br />specify amount of peat to be removed, a plan for the work to be completed that <br />vear and a plan for erosion control. At the time of the filing of the annual land <br />■alteration permit for the third year involving the 25.000 s.f. pond, appltcant's <br />plan shall include a silt curtain dividing the existing open water area from the <br />area to be excavated that year Each year applicant’s plans must address tte <br />erooming of slopes to encourage wildlife habitat adjacent to open water areas and <br />planting schedule that would introduce aquatic vegetation adjacent to these open <br />water areas <br />All land alteration activities to be limited to the winter months. The City has <br />approved access lo the site to be at the northwest comer of the property. If <br />acwss is to be achieved via Landmark Drive, the City must be advised so that <br />applicant can provide suiuble notice lo all land owners served by Landmark <br />Drive. <br />Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only and must be exercised by application for a land alteration <br />permit within one year of the date of Council approval or the special conditions <br />of this resolutio.. will expire on that date (December 12. 1995). <br />Violation of or non-compliance with any of the terms and conditions ot this <br />resolution shall constitute a violation of the Zoning Code, shall automatica y <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />Paee 3 of 5