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discharge stormwater on DECKER's Property. The outfall pipe shall have sufficient <br />hydraulic and volumetric capacity to accommodate the pre -post stormwater flows from <br />DECKER's Property during the twenty-five (25) year, twenty-four (24) hour storm event. <br />DECKER shall have the right to connect into the outfall pipe from an on-site pond to be <br />designed and constructed by DECKER at his expense at a control elevation of 83.75 <br />feet, mean sea level, and the CITY shall, at its expense, install the connection pipe to <br />DECKER's Property line at a point or location that will facilitate drainage from <br />DECKER's pond(s). DECKER's design criteria shall be that the post -discharge rates <br />shall not exceed the pre -discharge rate that would have gone into the drainage well <br />from DECKER's Property. The CITY's application was filed as a modification to general <br />permit #40 -117 -0326G -ERP, thereby deleting anything authorized therein that is <br />inconsistent with this Modified Stipulation and Settlement Agreement. <br />4. DECKER caused his engineers to design the retention pond or ponds on <br />his property simultaneously with CITY's design of the outfall pipe. The storage area of <br />the drainage pond on DECKER's Property shall qualify as compensatory storage and <br />not fill. The CITY agrees that DECKER's property's stormwater flows are not <br />landlocked. <br />5. To resolve and obtain their respective permits, the CITY and DECKER <br />agree that the CITY shall provide wetlands mitigation that will satisfy both the CITY's <br />and DECKER's wetland impact requirements (approximately 2 -acres of wetland <br />impacts by Decker and the City) via the grant of a 31 acre conservation easement over <br />Modified Stipulation of Settlement <br />Decker v. Casselberry <br />Case No.97-0816 <br />Page 3 of 6 <br />