§ 20-416. Mitigation.

(a)

Mitigation intent. Where a wetland alteration permit is approved and mitigation is required pursuant to city code and the Wetland Conservation Act, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by the Minnesota Wetland Conservation Act to achieve replacement of the wetland function and value.

(b)

Mitigation standards. The functions and values of mitigation wetlands shall be achieved through wetland restoration, creation and/or enhancement. The mitigation standards found in Minnesota Rules Chapter 8420.0550 shall be followed.

(1)

Mitigation shall be subject to wetland setback and buffer strip requirements as set forth in this article.

(2)

Mitigation shall at a minimum replace preexisting wetland function and values through the ratios set forth in Minnesota Rules Chapter 8420.0541.

(3)

Wetland mitigation shall be undertaken on-site. If this is not feasible, then mitigation may occur locally within the subwatershed. If this is not possible, then mitigation may occur outside the subwatershed, elsewhere in the city. If mitigation cannot be accomplished on-site, or if the city deems it necessary to perform mitigation off-site, then the applicant shall be responsible for providing off-site mitigation within the major subwatershed, as designated by the Minnesota Wetland Conservation Act, or purchasing wetland credits from the state wetland bank.

(c)

Construction management and long term wetland maintenance.

(1)

The wetland alteration permit holder shall follow best management practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat.

(2)

The wetland alteration permit holder shall submit an annual report to the city for replacement wetlands in Chanhassen. The purpose of the annual report is to describe actual wetland management, restoration or creation activities completed during the past year as well as activities planned for the upcoming year. The annual report shall include all the information required of annual monitoring reports by Minnesota Rules Chapter 8420.0620 subpart 2.

The wetland alteration permit holder shall submit annual monitoring reports as required by Minnesota Rules Chapter 8420.0610. Submission shall continue for at least five years or until the replacement wetland is deemed by the technical evaluation panel (TEP) to be fully functional. Where feasible, the city shall require the wetland alteration permit holder to satisfy long term management requirements.

(d)

Mitigation surety. To ensure that the proposed wetland replacement occurs, the city shall hold either a cash escrow or letter of credit equal to 110 percent of the current value of wetland credits on the open market. An additional escrow account shall be established to ensure that the required monitoring occurs. The monitoring escrow shall be set at 110 percent of the current average monitoring expense as performed by an independent consultant. The monitoring and replacement escrows may be released incrementally as monitoring and replacement are successfully completed. The remaining escrow amount will be returned and the letter of credit terminated upon completion of the monitoring and approval by the technical evaluation panel (TEP). Any interest earned by holding of a cash escrow shall be the property of the city.

(e)

Within the Minnehaha Creek Watershed District, 1:1 mitigation is required for excavation within wetlands.

(Ord. No. 449, § 2, 5-14-07)