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• RESOLUTION NO. 98- 61 19. In the event that it is determined that any additional representative of a state or federally listed plant or animal species is resident on, or otherwise is 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 Treasure Coast Regional Planning Council. Proper protection, to the satisfaction of the Indian River County and Treasure Coast Regional Planning Council, in consultation with the U.S. Fish and Wildlife Service 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. 20. The developer shall preserve and create at least 36.24 acres of mixed hardwood swamp and 7.61 acres of freshwater marsh identified on Map F3, Master Wetland Creation Plan, in the Application for Development Approval for the Horizon Outlet Center DRI. The mitigation areas shall be managed according to procedures provided in a Preserve Area Management Plan for the Horizon Outlet Center DRI. The preserved and created wetlands shall be protected within a Conservation Easement establishment with 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 future portion of the project beyond development approved under the PDA. 21. All wetland 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 Treasure Coast Regional Planning Council prior to the initiation of the mitigation plan and prior to the release of any site plan 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 for all or a portion of the project. 22. The developer shall preserve or create a buffer zone of native upland edge vegetation around all wetlands preserved, restored, or created on site. The buffer zone shall include canopy, understory, and ground cover of native upland species. The upland buffers shall be restored to a natural condition if invaded by exotic vegetation or impacted by agricultural activities. The upland buffers shall be a minimum width of 15 feet and shall average 25 feet around the entire wetland. The buffer shall be shown on all appropriate project site plans and shall be designed to be consistent with the buffer requirements of St. Johns River Water Management District and Indian River County. During construction, the upland buffers adjacent to preserved or created wetlands shall be clearly marked prior to the commencement of construction activities to ensure those areas are protected. These provisions shall be addressed in any land clearing permit(s) issued by Indian River County for the project. The upland buffers shall be maintained according to the details provided in a Preserve Area Management Plan to be approved by Indian River County. 23. Prior to obtaining a certificate of occupancy for any future structure located on any development parcel, the developer shall remove from that parcel all melaleuca, Brazilian pepper, Old World climbing fern, Australian pine, and any other nuisance and invasive exotic vegetation listed by the Florida exotic Pest Plant Council. Removal shall be in a manner that avoids seed dispersal by any of these species. These provisions shall be addressed in any land clearing permit(s) issued by Indian River County for the project. There shall be no planting of these species on site. Methods for the removal of exotic and nuisance species should be described in the Preserve Area Management Plan. The entire site, including conservation areas, shall be maintained free of these species in perpetuity. 24. The developer shall design and construct a stormwater management system to retain the maximum volumes of water consistent with St. Johns River Water Management District criteria for flood control. Post -development runoff volumes and rates shall not exceed predevelopment runoff volumes and rates consistent with Water Management District criteria. The system shall be designed and constructed consistent with the criteria and requirements of St. Johns River Water Management District and Indian River County. Required retention volumes may be accommodated in a combination of vegetated swales, dry retention areas, lakes with vegetated littoral zones, or other suitable detention/retention structures. All discharges from the surface water management system shall meet the water quality standards of Florida Administrative Code Rule 17-3. These provisions shall be addressed in project site plans. 25. The developer shall design and construct the surface water management system so that maintenance of normal hydroperiods within preserved wetlands can be guaranteed against the negative impacts of activities within the project boundaries, and so that the functions and JUNE 291998