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RESOLUTION 2004-137 41. The developer shall maintain Wood Stork foraging habitat on site by ensuring no additional net loss of wetland function and value, and by designing wetland mitigation areas to have suitable foraging habitat for the Wood Stork. The developer shall comply with all USFWS recommendations regarding the creation of foraging habitat for this federally endangered species. The Preserve Area Management plan shall be approved by Indian River County and the USFWS prior to the initiation of site clearing on the project site and issuance of a land clearing permit(s) by Indian River County for the project. Details of the wetland creation design, procedures, and management schedule shall be provided in the Preserve Area Management Plan. 42. In the event that it determined that any additional representative of a state or federally listed plant or animal species is resident on, or otherwise significantly dependent upon, the project site, the developer shall cease all activities which might negatively affect that individual population and immediately notify Indian River County and Council. Proper protection, to the satisfaction of the Indian River County and Council, in consultation with the USFWS and the Florida Game and Fresh Water Fish Commission, shall be provided by the developer. These provisions shall be addressed in any land clearing permit(s) issued by Indian River County for the project. Wetlands 43. The developer shall preserve and enhance a minimum of 5.0 acres of wetlands identified as wetlands A, F, G, and M on Map F1, Wetlands Map, in the ADA for the Waterway Village DRI and as shown on the PD plan. The preserved and enhanced wetlands shall be protected within a Conservation Easement established with Indian . River County and the St. Johns River Water Management District. Said easement shall be properly executed and recorded prior to issuance of a certificate of occupancy for any portion of the project. 44. The developer shall coordinate with the St. Johns River Water Management District, U.S. Army Corps of Engineers, and Indian River County to determine the exact acreage and type of wetland mitigation required to offset wetland impacts on the project site. Wetland mitigation requirements shall be determined following the Unified Mitigation Assessment Method provided in Chapter 62-345, FAC. Methods for the creation and management of wetland mitigation areas on the project site shall be described in the Preserve Area Management Plan to be approved by Indian River County, and take place in Indian River County. This determination shall be made prior to the issuance of a wetland resource permit by Indian River County. 45. All wetlands mitigation shall be completed prior to or simultaneous with the elimination of existing wetlands on the site. The detailed plans for mitigation shall be approved by the St. Johns River Water Management District and Indian River County in consultation with Council prior to the initiation of the mitigation plan and prior to the release of any site plan or land clearing permit for all or a portion of the project. Reasonable assurance of financial ability to carry out the commitments in the approved mitigation plan shall be provided in a method agreed to and approved by Indian River County. Said assurances and commitments shall be approved by Indian River County planning staff prior to release of any site plan or issuance of any land development permit for all or a portion of the project. FACommunity Development\Users\CurDev\RESOLUTION\2004 Resolutions\Waterway Village Resoluation 2004-.rtf 1 I