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02-13-1997 Minutes
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02-13-1997 Minutes
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<br />9?~- 05'/ <br /> <br />.requesting a Conditional Use Permit for the mining and pumping of <br />sand and gravel from the land; and <br /> <br />WHEREAS, the Hall County BOard of Supervisors finds that such <br />use is authoriz-ed under the conditional uses within the AG-1 <br />District; that such use, as limited herein, will not adversely <br />affect the public interest; and that said Board is empowered under <br />the Zoning Resolution to permit such conditional use. <br /> <br />~ <br /> <br />NOW, THEREFORE, the Hall County Board of Supervisors hereby <br />grants to applicant a Conditional Use Permit to use the above <br />described real estate for the mining and pumping, of sand and <br />gravel from the land SUBJECT TO THE FOLLOWING CONDITIONS, <br />RESTRICTIONS AND LIMITATIONS; <br /> <br />(A) All dead trees, rubbish and debris, if any, must be <br />cleared from the above described real estate as soon as practical <br />and said real estate must, at all times, be kept in a clean and <br />neat condition. <br /> <br />(B) No trash, rubbish, debris, broken concrete, dead trees, <br />lumber, bricks, refuse or junk material of any nature whatsoever <br />shall be dumped, placed or located upon said real estate. <br /> <br />(C) Applicant shall not use said real estate in such a way so <br />as to create or result in an unreasonable hazard to nuisance or <br />nuisance to adjacent landowners or to the general puplic. <br /> <br />(D) Any and all drainage ditches which may be located upon <br />the real property shall be maintained by applicant. <br /> <br />(E) Applicant shall not permit the hauling of sand and gravel <br />from the premises and over and across any public highway or road <br />unless said sand and gravel is completely dry and free of water or <br />is hauled in trucks which are designed and equipped so as to <br />prevent water from leading onto the traveled portion of the <br />roadbed. <br /> <br />(F) All water accumulated upon the premises by virtue of such <br />mining and pumping operations shall be retained upon the premises <br />and shall not be permitted to flow upon or encroach upon any <br />adjacent land. Only surface waters which have historically flowed <br />from the premises shall be permitted to leave the same through <br />historical natural drainage ways. <br /> <br />(G) The term of this conditional use permit shall be from the <br />date hereof until January 16, 2000, but may be terminated if <br />applicant fails to comply with any of the conditions, restrictions <br />and obligations set forth herein. In the event of noncompliance, <br />the Hall County Board of Supervisors shall notify applicant in <br />writing of such noncompliance setting forth the specific area of <br />noncompliance. If applicant fails to correct such noncompliance <br />within 30 days of receiving notice, said permit may be revoked or <br />terminated upon notice to applicant and hearing before the Hall <br />County Board of Supervisors. <br /> <br />(H) Nothing in this grant of conditional use shall be <br />construed as a grant of right, authority, or permit to allow any <br />use of land, materials or methods which violate any state or local <br />agency other than as specifically set forth, herein. Applicant <br />shall comply with all applicable state and federal laws and <br />regulations. <br /> <br />(I) The rights granted by this permit shall not be assignable <br />or transferable and shall not run with the land. <br /> <br />(J) Trucks hauling sand and gravel from the premises shall <br />exit the premises using 80th Road south from the premises. Such <br />loaded trucks shall not use country bridge #26J9 which is located <br />on 80th Road north of the premises. 80th Road from the entrance to <br />the above premises to this intersection with Shultz Road shall be <br />maintained by applicant, at applicant's expense, as directed by the <br />Hall County Public Works Director. <br /> <br />(K) Applicant shall install, at applicant's expense, a <br />culvert under the driveway into said real estate so as to permit <br />the flow of water throuqh the count V road ditch. Said culvert shall <br />
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