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01, <br />• <br />C. The berm shall be covered with straw to retard its <br />erosion. The applicant shall place hay bales at the base of <br />the slope along the marsh during the filling operation.. <br />d. No excavation shall take place on the property in <br />order to provide the fill to be used in the filling operation. <br />e. The material to be used for fill shall be placed <br />in such a manner so that it does not erode into the swamp and <br />the filling operation shall be accomplished two days after <br />the operation is commenced and sodded within 48 hours after <br />completion of the operation.. After the sodding of all dis- <br />turbed areas is complete, the temporary berm and hay bales <br />shall be removed by the.applicant. <br />2. The applicant shall notify the City Engineer at <br />least 24 hours prior to the commencement of the operation and <br />shall allow the City Engineer to monitor the operation and <br />inspect said operation after it is completed. <br />3. The applicant shall grant to the City of Orono an <br />easement for utility and drainage purposes to provide for the <br />placement, construction and maintenance of the storm water <br />pipe to allow for the water to be discharged from the black- <br />top road into the marsh on applicant's property. Said pipe <br />shall be constructed and maintained at no cost to the appli- <br />cant. <br />4. The variance is being granted pursuant to these <br />conditions since the proposed filling within 26 feet of the <br />marsh will not be inconsistent with provision of 31.830 of <br />the Zoning Code as long as the filling is as set forth herein <br />and pursuant to the directions of City staff and is being <br />granted because otherwise the applicant has no access to <br />Lake Minnetonka from his home. <br />5. It is specifically understood by the applicant that <br />the implementation of the erosion control measures contained <br />herein and/or the granting of a variance does not relieve the <br />applicant from his responsibility for correcting any damage <br />to the lake and/or neighboring property which might result <br />directly or indirectly from his operations. <br />6. Moreover, the applicant acknowledges that he hereby <br />agrees to the terms of this Resolution and amends his applica- <br />tion for a variance accordingly. <br />-2- <br />