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anchored as necessary for seed retention. The parties recognize that time is of the essence in <br /> controlling erosion. If the Developer does not comply with the erosion control plan and schedule <br /> or supplementary instructions received from the City, the City may take such action as it deems <br /> appropriate to control erosion. The City will endeavor to notify the Developer in advance of any <br /> proposed action,but failure of the City to do so will not affect the Developer's and City's rights or <br /> obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred <br /> for such work within ten (10) days, the City may draw down the "security" to pay any costs. No <br /> development or utility construction will be allowed and no building permits will be issued unless <br /> the Land is in full compliance with the approved erosion control plan. <br /> 15. GRADING PLAN. The Land shall be graded in accordance with the approved <br /> grading development and erosion control plan,Plan"B". The plan shall conform to City of Orono <br /> specifications. Within thirty (30) days after completion of the grading and before the City <br /> approves individual building permits the Developer shall provide the City with an"as constructed" <br /> grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches <br /> for public drainage have been constructed on public easements or land owned by the City. <br /> Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to <br /> completion of all grading,provided the City Engineer has determined that adequate erosion control <br /> measures are in place. The "as constructed" plan shall include field verified elevations of the <br /> following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, <br /> wetland mitigation areas if any, and ditches, locations and dimensions of borrow areas/stockpiles, <br /> and installed"conservation area"posts;and c)lot corner elevations,and house pads. The City will <br /> withhold issuance of building permits until the approved certified grading plan is on file with the <br /> City and all erosion control measures are in place as determined by the City Engineer. The <br /> Page 6 of 22 <br /> 165101v2 <br />