2021 Declaration and Easement for Stormwater Maintenance

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acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives and assigns. All features requiring maintenance identified on the scaled site plan for the Property attached hereto and incorporated herein as Attachment A(the "Plan")will be maintained in perpetuity in accordance with as follows: 1. WETLAND BUFFER AREAS a. Buffer vegetation will not be cultivated, cropped,pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality, each as approved by MCWD staff in writing. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines.No new structure or hard surface will be placed within a buffer, except that construction of a trail or path of no more than 4 feet in width to provide riparian access through the buffer is acceptable. No fill, debris or other material will be excavated from or placed within a buffer. b. Permanent wetland buffer monuments will be maintained in the locations shown on the approved site plan. Language shall indicate the purpose of the buffer, restrictions, and the name and phone number of the Minnehaha Creek Watershed District. 2. WATERBODY CROSSINGS & STRUCTURES a. Crossings and structures in contact with the bed or bank of a waterbody will be inspected at least once every 5 years and maintained in good repair in perpetuity to ensure continuing adequate hydraulic and navigational capacity is retained in accordance with approved plans,to ensure no net increase in the flood stage beyond that achieved by the approved plans,to prevent adverse effects on water quality, changes to the existing flowline/gradient and increased scour, erosion or sedimentation, and to minimize the potential for obstruction of the waterbody. 3. STORMWATER FACILITIES a. Raingardens, infiltration basins and filtration basins. Raingardens, infiltration basins and filtration basins depicted on the Plan("Stormwater Facilities") will be inspected once every 5 years to ensure drawdown rates and live storage capacity are consistent with design rates and storage volumes. Invasive vegetation, excess sediment and debris will be removed as needed and healthy plant growth will be maintained to ensure that the facilities continue to perform per design.