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