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and two years after the completion of as-builts, including measuring <br /> sediment accumulation by a method accurate to within one vertical foot. <br /> Thereafter, the Permittee will perform inspections in the fifth year after <br /> pond completion and every five years thereafter. If inspections show that <br /> sediment may accumulate to 50 percent of wet storage volume, or 25 <br /> percent of dry detention volume, within less than five years, the Permittee <br /> will inspect more frequently. Pond function will be considered <br /> inadequate if sediment accumulation has decreased the wet storage <br /> volume by 50 percent or dry detention volume by 25 percent, and the <br /> Permittee will restore the basin to its original design elevations and <br /> dimensions and restore vegetation in disturbed areas within one year of <br /> the inspection date. <br /> b. Inspect stormwater infiltration and filtration basins, including rain <br /> gardens, annually, to preserve live storage capacity at or above the <br /> design volume. Remove vegetation, maintain healthy plant growth and <br /> remove excess sediment and debris to ensure that the facilities continue <br /> to perform per design. <br /> c. Inspect conveyances and other structures annually. Ensure <br /> preservation of designed hydraulic capacity. <br /> d. Inspect sump catch basins and sump manholes annually. Accumulated <br /> sediment and debris will be removed so that each facility continues to <br /> operate as designed and erosion or structural problems are corrected. <br /> 2. If the Permittee conveys into private ownership a fee interest in all or any <br /> portion of the public property that is subject to this Agreement, it must require <br /> as a condition of sale, and enforce: (a) that the purchaser record a declaration <br /> on the property incorporating the stormwater management facility maintenance <br /> requirements of this Agreement; and (b) that recordation occur either before any <br /> encumbrance is recorded on the property or, if after, only as accompanied by a <br /> subordination and consent executed by the encumbrance holder ensuring that <br /> the declaration will run with the land in perpetuity. If the Permittee conveys into <br /> public ownership a fee interest in all or any portion of the property that is <br /> subject to this Agreement, it must require as a condition of the purchase and <br /> sale agreement that the purchaser accept an assignment of all obligations <br /> vested under this Agreement. <br />