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77 <br />5. The RCWD will maintain records of St. Anthony's phosphorus removal credit <br />balance for each subwatershed. With each SRP application, St. Anthony will be <br />responsible to demonstrate that the balance is sufficient. <br />6. St. Anthony may establish phosphorus removal credits in two ways: <br />a. St. Anthony may demonstrate that an existing BMP has phosphorus removal <br />capacity in excess of the greatest of the following: (i) compliance requirements <br />for which the BMP was constructed; (ii) the current RCWD standard applied to <br />the SRP area; and (iii) the proportion of the BMP funded by RCWD cost -share. <br />b. St. Anthony may modify an existing BMP or construct a new one. For a new <br />BMP to be eligible for phosphorus removal credit, it must be situated upgradient <br />of any natural surface water resources that could be subject to adverse impacts. <br />St. Anthony will prepare and submit BMP design calculations to RCWD for review and <br />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 it <br />this MOA creates any right in any third party or affects any immunity, defense or <br />liability limitation enjoyed by either party. <br />9. This MOA is effective as of the date on which it is executed by both parties and <br />expires on December 31, 2024. It may be amended only in a writing signed by both <br />parties. <br />10. The recitals stated above are incorporated as part of this MOA. <br />City of St. Anthony 3 Rice Creek Watershed District <br />5/16/2012 <br />