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parameters such as height and base diameter, or canopy circumference; B, At least 80 percent cover by appropriate wetland herbaceous species has been obtained; C. Hydrologic conditions generally conform to the hydroperiod and water levels found in the adjacent existing wetlands and those specified in the mitigation plan; and, D. The above criteria have been achieved by the end of a 3 -year period following initial planting. 42. If successful establishment of any of the mitigation areas has not occurred as stated above, the permittee must apply to the District for a permit modification no later than 30 days following the termination of the monitoring period. The application must include a narrative describing the type and causes of failure and contain a complete set of plans for the redesign and/or replacement planting of the wetland mitigation area so that the success criteria will be achieved. Within 30 days -of District approval and issuance of the permit modification, the permittee must implement the redesign and/or replacement planting. Following completion of such work, success criteria as stated above or modified by subsequent permit must again be achieved. In addition, the monitoring required by these conditions must be conducted. 43. The conservation easement areas must be clearly shown in a visual display in clear view of the public in the subdivision's sales center. It must be stated in this display that no construction or clearing of .any kind is authorized within the conservation easement areas. This display must be posted prior to any lot sales. 44. The upland buffer must be planted in accordance with the submittal by Biological Research Associates received by the District on May 7, 2004. 45. The off-site mitigation parcels must be donated to and -accepted by Indian River. County within 30 days of completion of the wetland restoration and enhancement activities. The permittee must submit documentation that the donation has been completed within the 30 - day period specified above. 46. Successful establishment of the upland buffer will have occurred when: A. At least 80 percent of the planted individuals in each stratum have survived throughout the monitoring period and are showing signs of normal growth, based upon standard growth parameters such as height and base diameter, or canopy circumference; and, B. The above criteria have been achieved by the end of a 3 -year period following initial planting. 47. This permit requires the recording of a conservation easement for the on=site mitigation areas. Description of Conservation Easement Area The permittee shall provide to the District for review and written approval a copy of: (a) the preliminary plat showing the area to be encumbered by the conservation -easement, or (b) a surveyor's sketch and legal description of the area to be placed under the conservation easement, per the approved mitigation plan, at least 45 days prior to (1) dredging, filling, or clearing any wetland or surface water for which mitigation is required, (2) clearing any upland within a Riparian Habitat Protection Zone for which mitigation is required, (3) the sale of any lot or parcel, (4) the recording of the subdivision plat, or (5) use of the infrastructure for its intended use, whichever occurs first.