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Findings of Fact CITY OF CHANHASSEN CARVER AND I-ŒNNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Carver County for a Wetland Alteration Permit #05-07. On February 1,2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carver County for a wetland alteration permit. The Planning Commission conducted a public hearing on the proposed wetland alteration permit preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1) The property is located at the intersection of County State Aid Highway (C.S.A.H.) 14 (Pioneer Trail) and Trunk Highway (T.H.) 101 (Great Plains Boulevard). 2) The wetland permit meets the applicable standards from the city code: a) Any alteration to a wetland, permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands; b) A voids the direct or indirect impacts to the wetland that may destroy or diminish the wetland; c) Minimizes the impact by limiting the degree or magnitude of the wetland activity and its implementation; d) Replaces unavoidable impacts to the wetland by restoring or, if wetland restoration opportunities are not reasonably available, creating substitute wetland areas having equal or greater public value as set forth in Minnesota Rules 8420.0530 to 8420.0760; e) No person shall drain, excavate in the permanent or semi-permanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Draining, grading, excavating, filling, removing of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit; and f) When a wetland alteration permit is issued allowing filling in a wetland, filling must be consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation Act. The filling shall not alter the hydrological patterns in the remainder of the wetland if a portion of the wetland remains unless exempted under section 20-416. 1 3) The planning report #05-07, dated February 1,2005, prepared by Lori Haak, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the Wetland Alteration Permit. ADOPTED by the Chanhassen Planning Commission this 1 sl day of February, 2005. CHANHA~$ENP~ING COMMISSION (--~ctLL BY: VIi, Sacchet, Chairman g:\plan\200S planning cases\OS-07 hwy 101 & pioneer trail wap\findings of fact.doc 2