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e) Developer shall construct a regional stormwater pond within Outlots B and C and within the <br /> .MnDOT right-of-way per the designs and specifications as shown on Sheet C3.2,subject to <br /> Developer obtaining the appropriate permits for such use from MnDOT. The regional pond <br /> is intended to accommodate stounwater runoff from the development as well as for the entire <br /> upstream watershed. The regional stormwater pond shall be maintained by the Developer <br /> during all phases of development,after which the StoneBay Comm-unity Association shall be <br /> responsible for maintenance. In the event that MnDOT approvals require that the City be <br /> responsible for maintenance of the regional stonnwater pond,the aforesaid Association shall <br /> accept the financial obligation for such maintenance. <br /> f) Developer shall provide record plan sets for all utility construction in a timely manner as <br /> required by the PUD No. 4 Agreement. <br /> 3. Wetland Impacts <br /> a) Orono's 26' wetland setback requirement (Zoning Code Section 10.55, Subd. 8) which <br /> disallows filling, grading, dredging, excavation, hardcover, temporary or permanent <br /> structures,obstructions, septic systems,wells or other construction,is in effect on the site. <br /> Final grading and site plans, Sheets C3.1 through C3.8, indicate those locations where <br /> grading or filling within the 26'setback is necessary to accomplish the Plan. <br /> b) A variance to Section 10.55,Subd. 8 has been granted to allow the minimal filling within the <br /> 26'wetland setbacks where buildings abut the 26'setback line as shown on the approved plan <br /> sheets. A wetland setback variance has been granted for encroachment of buildings, <br /> retaining walls,roadways,trails and hardcover within the 26'wetland setback as depicted on <br /> Sheets C3.1 through C3.8. <br /> c) The City specifically acknowledges that 1.05 acres of City protected wetland are to be filled <br /> or otherwise impacted as part of the project. The Developer shall comply with all specified <br /> requirements of the MCWD in regards to mitigation and protection of wetlands on the site. <br /> 4. Grading,Erosion Control <br /> a) Erosion control shall adhere to"Best Management Practices for Protecting Water Quality in <br /> Urban Areas". <br /> b) The Developer shall comply with all conditions enumerated in the Erosion Control memo by <br /> Bonestroo&Associates dated October 3,2002. <br /> c) All erosion control measures as required by the City and the MCWD shall be in place, <br /> inspected and approved by the City Engineer prior to commencing excavation on the site. <br /> d) All such erosion control measures shall be maintained in working order prior to,during and <br /> after the project: until released by the City Engineer, subject to weekly inspection or as <br /> necessary until the site is revegetated. <br /> Page 3 of 4 <br />