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In the event that RCWD Rule C is revised during the term of this MOA, the infiltration <br />sequencing outcome of this MOA and phosphorus removal credits established under <br />terms of this MOA will be protected, but the project will be subject to the water quality <br />standard applicable at the time of application. The District retains the authority to <br />condition a permit to address potential local water resource impacts. <br />5. Rule C requires that a stormwater management BMP be operational prior to or in <br />conjunction with the land disturbance that requires it. The RCWD will maintain records <br />of St. Anthony's phosphorus removal credit balance for each subwatershed. With each <br />SRP application, St. Anthony will be responsible to demonstrate that the existing <br />balance is sufficient, or provide for additional BMPs. <br />6. St. Anthony may establish phosphorus removal credits in two ways: <br />a. Credits may be established by calculating performance of existing or <br />modified BMPs. Credits will be granted for the portion of the phosphorus <br />removal beyond the sum of: (i) past compliance requirements for which the BMP <br />was constructed and (ii) the proportion of the BMP funded by RCWD cost-share. <br />b. Credits may be established by calculating performance of new BMPs or <br />modifications to existing BMPs. <br />The term "BMP" as used herein does not include pollutant removal techniques or <br />treatments within a natural water basin or wetland. <br />7. St. Anthony will prepare and submit BMP design calculations to RCWD for review <br />and approval. Design, as-built and other appropriate data will be included in the <br />submittal. For non-standard BMPs, the RCWD and St. Anthony will cooperate to <br />determine the credit. Such BMPs may require a monitoring period before the credit can <br />be determined. Each BMP providing credit must conform to applicable design <br />standards in Rule C and be subject to St. Anthony's maintenance commitment in <br />accordance with that rule. <br />8. Nothing in this MOA creates or establishes a partnership,joint venture or <br />agency relationship between the parties. RCWD review or approval of design plans and <br />specifications is solely for the purpose of fulfilling its responsibilities under this MOA <br />in its regulatory capacity. As between the parties, St. Anthony is solely responsible for <br />selection of BMPs and the means, method and manner of BMP construction. Nothing in <br />City of St. Anthony 3 Rice Creek Watershed District <br />8/21/2012