09-09-2002 Council Packet - Laserfiche WebLink

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6. recorded. These restrictions and covenants shall be unlimited in duration, without being re- 7. If the replacement plan or bank plan approved by the LGU and on file at its offices requires the establishment of areas of permanent vegetative cover, the term 'Replacement Wetland" as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas arc not wetlands. All provisions of this Declmtion that apply to the Replacement Wetland shall apply equally to the required areas of permanent vegetative cover. In addition, the Declarant: (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540, subpart 2.D; (b) Shall, at Declarant! cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan or bank plan for permanent vegetative cover, including any necessary planting and replanting thereof, and other conservation practices, in accordance with the replacement plan or bank plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan or bank plan; (d) Shall not graze livestock on the areas specified in the replacement plan or bank plan; (e) Shall not place any materials, substances, or other objects, nor erect or construct any type of structure, temporary or permanent, on the areas specified in the replacement plan or bank plan, except as provided in the replacement plan or bank plan; (0 Shall, at Declarant! cost, be responsible for weed control by complying with noxi ous weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan or bank plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement plan or bank plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site or bank site. 8. This Declaration may be modified only by the joint written approval of the LGU and the State of Minnesota through the Mirmesota Boari of Water and Soil Resources. Such modification may include the release of land contained in the legal description above, if it is determined that non-wetland areas have been encumbered by this Declaration, unless the approved replacement plan or bank plan designates these non-wetland areas for establishment of permanent vegetative cover. forma Pa|e4or4 -------