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March 27, i1990 <br /> <br />UP=90_2 <br /> <br /> northeast 40' + to a point and thence ~ <br /> easterly 200' T to a ~oint and thence northeast <br /> 101'~:~ .to:~'po~iand thence eaSte~ty 60' +~-to~a <br /> point to establish the true point of beginning; <br /> thenCe south 706' ~ to a point thence ~east 663' <br /> + to a point at the southern branch of the <br /> ~lizabeth River; thence northerly 435' ~ to <br /> a point? th~nce~ 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.off,ay-330' + to apoint; thence <br /> south 35' + to the true--point :O'f ~be~inning. <br /> <br /> 3. This use permit <br />conditions: <br /> <br /> Beginning at the northeast intersection of <br />Elm Avenue and Veneer Road and thence north along <br />the east right~of-way of Veneer;Road 710' ~ and thence <br /> <br />is approved Subject to the following <br /> <br /> (a) The groundwater monitoring wells presently installed <br />shall remai~n in place during construction. <br /> <br /> (b) The applicant within thirty days of the adoption of <br />this resolution ~hail execute an agreement with the City to pay <br />up to 25~ of the total cost or $300,000.00, whichever is less, <br />for repair or reconstruction of the Paradise Creek Bridge on <br />Victory Boulevard. The cost of repair or reconstruction shall <br />include design and engineering, soil surveys, permit and <br />inspection if:ecs, ~and ~ny costs i~volved in securing approval of <br />the Corps of Engineers, Virginia Marine Resources Commission, <br />Virginia Department of Transportation, and City of Portsmouth <br />Wetlands Board. <br /> <br /> (c) Prior to approval of an Engineering site plan, the <br />applicant Shall present engineering drawings and related <br />documents acceptabl~ to the City Manager of the City of <br />Portsmouth or his designee, which shall address: <br /> <br /> 1) The construction:and operation of the facility; <br /> <br /> 2)~ 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) 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-appli~able statutes, codes, ordinances, Policies and <br />regulations of federal, state and local governments or agencies <br />that govern the subject use, and shall obtain all necessary <br />licenses and permits required for this use bylaw prior to the <br />commencement of operations. <br /> <br /> (e) Prior to commencement of any operations on the <br />subject property/ ~he operator shall provide evidence of <br />compliance ~ith all applicable conditions of this use permit to <br />the City Manager of the City of Portsmouth or his designee. <br /> <br /> (f) If violations of the conditions of this use permit <br />occur, the City Manager of the City of Portsmouth or his <br />designee shall be empowered to require that operation of the <br />facility, or any part thereof, be discontinued until proper <br />corrective action has been taken. <br /> <br /> <br />