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June 23, 2015 <br /> <br />ALL THAT certain lot, piece or parcel of land, together with any improvements thereon, <br />situate, lying and being in the City of Portsmouth, Virginia, as shown on a plat of survey <br />dated March 17, 2010, prepared by Stephen I. Boone & Associates, P.C., entitled, <br />“Boundary Survey Of The Property Of Portsmouth Port And Industrial Commission <br />Portsmouth, Virginia”, and recorded in the Clerk’s Office of the Circuit Court of the City <br />of Portsmouth, Virginia, in Map Book 22, at pages 109 and 110. <br /> <br />BEING the property conveyed to PER Properties, Inc. by Deed from Portsmouth Port <br />and Industrial Commission dated October 28, 2010 and recorded in the Portsmouth <br />Circuit Court Clerk’s Office as Instrument Number 100010590. <br /> <br />4. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br /> <br />(a) The development of the site shall be in substantial conformity with the concept <br />plan titled Portsmouth Terminal Facility prepared by Gallup Surveyors & Engineers and <br />dated January 20, 2015 except as may be necessary to comply with any modifications <br />required by State laws and regulations or the Portsmouth City Code during site plan <br />review and approval. <br /> <br />(b) The operation of the aggregate crushing equipment will be limited to the hours of <br />6 am to 6 pm, except as may be allowed by the Planning Director during construction of <br />the port terminal or during emergency situations. <br /> <br />(c) The aggregate crushing equipment shall be limited to one Eagle Crusher 1200- <br />25CC on the site at any given time. Replacement equipment shall meet the same <br />specifications of the Eagle Crusher 1200-25CC in terms of size, maximum capacity, <br />noise and vibration, as determined by the Planning Director. <br /> <br />(d) The applicant/operator shall be limited to one (1) self-contained and totally <br />enclosed cement mixer on the site at any given time, which will be located in a shell <br />building. No other batch plants will be permitted elsewhere on the site. Additionally, the <br />applicant/operator shall operate the cement production facility and crushing equipment <br />in full compliance with the Air Permit issued by the Virginia Department of <br />Environmental Quality (DEQ). <br /> <br />(e) Dust control measures shall be fully documented as a part of the site plan review <br />process and shall be implemented and maintained on the bulk aggregate pile. <br /> <br />(f) A Buffer Yard shall be planted along the southern boundary of the site, as <br />generally shown on the concept plan titled Portsmouth Terminal Facility dated January <br />20, 2015. This Buffer Yard shall be designed in accordance with a Type B Buffer as <br />described in more detail in Section 40.1-5.2(E) of the Zoning Ordinance, except that the <br />shrubs listed therein shall not be required. <br /> <br />(g) The use of materials or any operation of any inherently explosive nature on the <br />site in connection with the aggregate and Redi-Mix production operations shall be <br />prohibited. <br /> <br />(h) The operation of video equipment on the overall site to monitor access and <br />operations of the port facility may be allowed, but at no time shall this or any other <br />equipment depict or record any aspect of the property, operations, or personnel at the <br />Norfolk Naval Shipyard. <br /> <br />(i) The applicant shall obtain and keep current any required operating licenses, <br />approvals and permits and shall operate in accordance with all federal, state and local <br />regulations. <br /> <br />(j) All taxes/fees associated with the property and/or the proposed use shall be paid <br />when due. <br /> <br />REVOCATION OF PERMIT: <br />4. Violation of any of the above conditions may <br /> <br />serve as grounds for revocation of the use permit by City Council.” <br /> <br /> <br /> <br />