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+ to a point at the southern branch of the <br />~lizabeth River; thence northerly 435' + to <br />a point; thence northwesterly 526' + to--a <br />point, thence southwest 500' + to a--point; <br />thence northwesterly 20' + to the south <br />right-of-way of the Norfolk and Portsmouth <br />Beltline Railroad; thence southwesterly along <br />said right-of-way 330' + to a point; thence <br />south 35' + to the true point of beginning. <br /> <br /> 3. This use permit is approved subject to the following <br />conditions: <br /> <br /> (a) The groundwater monitoring wells presently installed <br />shall remain in place during construction. <br /> <br /> (b) The applicant within thirty days of the adoption of <br />this resolution shall execute an agreement with the City to <br />pay up to 25% of the total cost or $300,000.00, whichever is <br />less, for repair or reconstruction of the Paradise Creek <br />Bridge on Victory Boulevard. The cost of repair or <br />reconstruction shall include design and engineering, soil <br />surveys, permit and inspection fees, and any costs involved in <br />securing approval of the Corps of Engineers, Virginia Marine <br />Resources Commission, Virginia Department of Transportation, <br />and City of Portsmouth Wetlands Board. <br /> <br /> (c) Prior to approval of an Engineering site plan, <br />applicant shall present engineering drawings and related <br />documents acceptable to the City Manager of the City of <br />Portsmouth or his designee, which shall address: <br /> <br />the <br /> <br />(1) The construction and operation of the facility; <br /> <br />(2) <br /> <br />Environmental controls, including air and water <br />monitoring equipment, which shall be provided <br />to avoid negative environmental impacts of the <br />facility; and <br /> <br />(3) <br /> <br />Site plan requirements of the Chesapeake Bay <br />Preservation Act and related City ordinances. <br /> <br /> (d) The applicant shall be required to demonstrate <br />compliance on a periodic basis, and at all times shall comply, <br />with all applicable statutes, codes, ordinances, policies and <br />regulations of federal, state and local goverments or agencies <br />that govern the subject use, and shall obtain all necessary <br />licenses and permits required for this use by law prior to the <br />commencement of operations. <br /> <br /> (e) Prior to commencement of any operations on the <br />subject property, the operator shall provide evidence of <br />compliance with all applicable conditions of this use permit <br />to the City Manager of the City of Portsmouth or his <br /> <br /> <br />