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DRAFT 8-9-2011 <br />• Filling, dumping, or yard waste disposal. <br />• �ertilization.� <br />• Septic systems. <br />If portions of a wetland have been lawfully impacted (filled, drained, etc) during the construction process <br />through a MN Wetland Conservation Act permit, the 16 foot area of wetland protections shall be <br />measured from the new, post -impact wetland boundary. <br />(Relationship to Drainage and Utility Easement , <br />The LRRWMO wetland protections after construction are similar to restrictions cities impose within <br />drainage and utility easements. In most cases the drainage and utility easement (defined by the 100 <br />year flood elevation) extends more than 16 feet from the wetland boundary, so in most cases these <br />LRRWMO wetland protections standards impose no new restrictions �fter construction._ - - - - - - - - - <br />Occasionally a wetland boundary may be outside of the drainage and utility easement. The 16 foot <br />wide area of LRRWMO wetland protections would be outside of the normal drainage and utility <br />easement. In these cases, the drainage and utility easement should be expanded to encompass the <br />area within 16 feet from the wetland edge. <br />Variances <br />A variance may be granted in the following circumstances: <br />• For public road projects whenever the road right of way does not provide sufficient space to <br />implement the wetland protections. <br />• Whenever the permitting authority determines substitute activities will be used that will provide <br />the same level of protection. <br />Comment [t16]: How do you enforce/prove <br />whether this is occurring? What if the member <br />community is already restricting certain types of <br />fertilizers Citywide? <br />Comment [t17]: This temporary construction <br />buffer should not be construed as one step in the <br />ultimate goal of permanent vegetative buffers. <br />When the next generation plan comes forward there <br />shouldn't be any requirement to include permanent <br />buffers (unless enacted by State statutes). 1 don't <br />want to hear the argument that we now have the <br />easements and restrictions in place, so therefore this <br />isn't an additional taking. NO CREEP IN <br />SUBSEQUENT PLANS! <br />Comment [t18]: See 10 above <br />I Comment [t19]: See 5 above. Is there a way we <br />• ether factot'Sl as determined by the permitting authority. " " can work that concern in here'? <br />Performance Surety <br />�k performance surety lna}-will be collected to ensure the proper execution of wetland protection <br />measuresl_ The surety may be used to correct any deficiencies. Performance sureties shall be collected by - , - Comment [t20]: I'm guessing at the City level <br />the city, except in cases of wetland mitigation when the LRRWMO will collect the surety. Any surety this will be in the form of a grading/erosion control <br />shall be returned at completion of the construction process and proper execution of wetland protection security under a building permit dna/or development <br />agreement. <br />measures. <br />The performance surety will be waived for public projects. <br />LRRWMO Wetland Protection Standards page 5 <br />