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<br />C;~f'~ 379 .
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<br />sewage treatment lagoons, as conditioned hereby, is found to be consistent with the intent of the
<br />AG-l Agricultural Zoning District and that the application for conditional use be hereby granted
<br />subject to the following conditions, limitations, and restriction:
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<br />1. The aforesaid sewer treatment lagoons shall be constructed, operated, and maintained in
<br />conformance with the following:
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<br />. applicable permits issued to applicant by the Nebraska Department of Environmental
<br />Quality and the United States Army Corps of Engineers;
<br />. applicant's site plan, attached hereto, and construction plans dated May 14, 1996;
<br />. the lagoon cross-section drawing dated October 24, 1996; and
<br />. the flood plain study and drawings dated October 18, 1996.
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<br />2. Applicant shall not conduct or permit a use upon the property that results in a nuisance or an
<br />unreasonable hazard to adjacent landowners or to the general public.
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<br />3. The real estate must, at all times, be kept in a neat condition.
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<br />4. The applicant shall comply with all applicable county, state and federal laws and regulations
<br />including, but not limited to, those pertaining to building and construction codes and standards,
<br />surface water and ground water quality, surface water drainage, flood control and protection, and
<br />environmental quality and protection. Nothing in this grant of conditional use shall be construed
<br />as a grant of right, authority or permit to allow any use of land, materials, actions or methods
<br />which violate any state or federal law or mle or regulation of a federal, state or local agency other
<br />than as specifically set forth herein.
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<br />5. Applicant shall construct and maintain a security fence surrounding the lagoon and wetland in
<br />order to prevent access by unauthorized persons.
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<br />6. Applicant shall erect, install, and maintain a vegetative screen between the lagoon(s) and
<br />Interstate Route 80 pursuant to plans submitted to and approved by the Regional Planning
<br />Commission.
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<br />7. Upon request by the County, Applicant shall permit access to the above-descn"bed property by
<br />the County Building Inspector or other designated county agents or representatives for the
<br />pwpose of inspecting said property and determining compliance with this resolution.
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<br />8. Upon request by County, Applicant shall permit the County's designated representatives to
<br />inspect and copy any records in the possession or control of Applicant pertaining to the
<br />construction, operation, and maintenance of the sewer treatment lagoon and related facilities.
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<br />9. Applicant shall provide to the County Building Inspector a copy of any notices or
<br />correspondence received by applicant from the Nebraska Department of Environmental Quality,
<br />the United States Environmental Agency, or the United States Corps of Engineers relating to the
<br />construction, operation, maintenance, alteration, or discontinuance of said sewer treatment lagoon
<br />and related facilities, including, but not limited to, any notice of actual or posSI"ble violation of
<br />state or federal law or regulation. Said copies shall be provided within 10 days of receipt by
<br />applicant.
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<br />10. The term of this conditional use permit shall be for a period often (10) years beg:inniQ.g the
<br />date hereof: but may be terminated if applicant fails to comply with any of the conditions,
<br />restrictions and obligations set forth herein. In the event of noncompliance, the Hall County
<br />Board of Supervisors shall notify the applicant in writing setting forth the specific area or areas of
<br />noncompliance. If the applicant fails to cure any such noncompliance within 30 days after
<br />receiving said notice, the Hall County Board of Supervisors shall hold a hearing to consider the
<br />suspension, revocation, or termination of this permit of conditional use. Failure to comply with
<br />the terms of this Resolution or the County Zoning Resolution shall constitute a misdemeanor for
<br />each day of violation as' provided by law. In addition, the County may institute any appropriate
<br />action or proceedings to prevent, restrain, correct, or abate any breach, violation, or
<br />noncompliance. The aforesaid remedies are cumulative and in addition to any other remedies
<br />.--Pl()yided,by,law.
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<br />This Conditional Use Permit is hereby granted tl1is/lL~ of November, 1996, subject to
<br />the terms, conditions and restrictions above set forth.
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