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the City Engineer shall be implemented by Developer, and inspected and approved by the City. Developer <br />must adhere to Best Management Practices for Protecting Water Quality in Urban Areas and to the approved <br />SWPPP. The City may impose additional erosion control requirements if reasonably required. All areas <br />disturbed by excavation and backfilling operations shall be reseeded within five (5) days after the completion <br />of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless authorized <br />and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be <br />in accordance with the City's current seeding specification which may include certified oat seed to provide <br />a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc <br />anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling <br />erosion. If Developer does not comply with the erosion control plan and schedule or supplementary <br />instructions received from the City, the City may take such action as it deems appropriate to control erosion. <br />The City will endeavor to notify Developer in advance of any proposed action, but failure of the City to do <br />so will not affect Developer's and City's rights or obligations under this Contract. If the City takes action <br />to control erosion, Developer shall reimburse the City for the actual cost of such City action. If Developer <br />does not reimburse the City for any cost the City incurred for such work within ten (10) days as invoiced by <br />the City, the City may draw down the Security to pay any such costs. No development, utility, or street <br />construction will be allowed and no building permits will be issued unless the Land is in full compliance <br />with the approved erosion control plan. <br />15. Grading Plan. The Land shall be graded in accordance with the approved Plan B — Master <br />Grading Plan and Plan D — Erosion Control & Restoration Plan. The plan shall conform to City of Orono <br />specifications. Within thirty (30) days after completion of the grading and before the City approves <br />individual building permits for the lots, Developer shall provide the City with an "as constructed" grading <br />plan certified by a registered land surveyor or engineer that all improvements have been completed according <br />6 <br />232402v15 <br />