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Case Number:BLD2011-00063 |
Case Status:Finaled |
Date Received:3/21/2011 |
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Description:Stormwater Permit with SEPA: The proposal is to grade and construct improvements in the 18-acres lying adjacent to and north of the 156-acre Wahl Extraction Area. These 18-acres recently obtained a Mineral Resource Lands Overlay (MRLO) designation through the Jefferson County Comprehensive Plan Amendment process and is also the location for Miles' new Shine Facility. Prior to grading, the 18-acres will be logged by Pope Resources (land owner) as part of their commercial forestry business. The new portion of T-1000 is located in an area that has been recently logged by Pope Resources.
The new Shine facility is proposed to access SR 104 from private Forestry Road T-1000. The intersection of T-1000 with SR 104 is proposed to be relocated to MP 8.52 (approximately 1800 feet west of its current location). This application also includes grading and constructing the new intersection at SR 104 and approximately 1,000 feet of new road from the WSDOT right-of-way to the exiting T-1000 road. Approximately 9,000 feet of the exiting T-1000 road to the new Shine Facility will follow the existing route and grades. The northernmost portion will be improved with an asphalt surface for approximately 7200 feet.
Proposed grading within the new Shine Facility includes 365,600 cubic yards of cut and 5,000 cubic yards of fill (360,600 net cut). Significant grading is not anticipated on the T-1000 except for the northernmost 1,000 feet of the new access road located at the new intersection with SR 104. Grading quantities for this 1,000 foot section of T-1000 are estimated at 2,300 cubic yards of cut and 20,600 cubic yards of fill (18,300 cubic yards net fill).
Water quantity management of stormwater associated with the new intersection with SR 104 and 1000 feet of new road will be through the use of an infiltration pond designed according to the 2005 Department of Ecology Stormwater Management Manual for Western Washington. The remaining improvements to T-1000 will not result in any new impervious surfaces; and therefore, do not require any new stormwater management. Existing ditches and culverts will be cleaned and maintained as necessary to ensure continuous drainage of the roadway. The north portion of the new Shine Facility will be graded and will continue to drain to the east through the existing drainage pattern. New buildings proposed for this area will require stormwater management and could include roof downspout infiltration. The southern portion of the new Shine Facility will be graded to drain to an infiltration pond located in the NE corner of the Wahl Extraction Area.
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Date Issued:5/11/2011 |
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Applicant: MILES SAND & GRAVEL COMPANY |
Expiration Date:5/11/2012 12:00:00 AM |
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Site Address:1501 WAHL LAKE RD |
Case Finaled:5/1/2017 |
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Parcel No:701011001
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Description:
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Close Case "F"
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Date Completed:
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5/1/2017
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Disposition:
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DONE
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Description:
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Inspection Reminder Sent (2nd)
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Date Completed:
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3/31/2017
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Disposition:
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Description:
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Inspection Reminder Sent (1st)
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Date Completed:
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3/31/2017
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Disposition:
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Description:
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Approve Permit-UF
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Date Completed:
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5/11/2011
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Disposition:
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DONE
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Description:
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Issue Building Permit (F)
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Date Completed:
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5/11/2011
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Disposition:
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DONE
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Description:
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Review Complete-U
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Date Completed:
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5/11/2011
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Disposition:
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DONE
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Description:
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Ntc of App +14-Publish-U
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Date Completed:
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3/28/2011
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Disposition:
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DONE
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Description:
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Ntc of App +14-APO-U
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Date Completed:
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3/28/2011
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Disposition:
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DONE
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Description:
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Det. of Completeness-UF
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Date Completed:
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3/28/2011
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Disposition:
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DONE
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Description:
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Det. of Completeness-UF
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Date Completed:
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3/24/2011
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Disposition:
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DONE
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Description:
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App Substantially Complete-U
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Date Completed:
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3/24/2011
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Disposition:
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DONE
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Description:
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Case Entered
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Date Completed:
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3/21/2011
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Disposition:
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Description:
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Stormwater Review-U
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Date Completed:
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5/11/2011
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Disposition:
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DONE
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Description:
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Env. Sensitive Area Review-U
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Date Completed:
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5/11/2011
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Disposition:
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DONE
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Description:
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Consistency Review-U
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Date Completed:
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5/11/2011
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Disposition:
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DONE
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Description:
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RAP Review Complete-U
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Date Completed:
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5/11/2011
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Disposition:
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DONE
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Title:
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C-CONDITIONS OF APPROVAL - MDNS
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Wording
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Based upon the documents admitted into the record, and the above Findings of Fact and Conclusions of Law, it is hereby the decision of the Administrator that the Stormwater Permit application by Miles Sand & Gravel Company be APPROVED subject to the following conditions:
The following conditions are incorporated into this permit from the MDNS issued on May 11, 2011 for this proposal.
A. If contamination is currently known or observed during construction or removal (placement), sampling of the potentially contaminated media shall be collected. If contamination of soil or groundwater is readily visible, or is revealed by sampling, Ecology shall be notified. Contact the Environmental Report Tracking System Coordinator at the Southwest Regional Office at 360-407-6300. For assistance and information about subsequent cleanup and to identify the type of testing that will be required contact Mr. Chuck Cline. If contamination is identified, this issue may be referred to Jefferson County Health Department as a solid waste concern.
B. Visual inspections of all Erosion and Sedimentation Control BMPs shall be conducted at least every seven days. BMPs shall also be inspected after any stormwater event that results in greater than 0.5 inches of rainfall within a 24-hour period. An inspection log shall be maintained which includes the date, the name of the observer and any pertinent observations.
C. The procedures in the Technical Memorandum and Unanticipated Cultural Resources Discovery Plan dated February 26, 2010 must be followed in the event that cultural resources and/or human remains are identified.
D. Prior to operation, the applicant shall obtain from the Washington Department of Ecology Water Quality Program a national Pollutant Discharge Elimination System and State Waste Discharge General Permit (NPDES) for process water, stormwater and mine dewatering water discharges. All activities within the Wahl MRL overlay shall be subject to the standards of the latest edition of the Department of Ecology Stormwater Management Manual for Western Washington.
E. In an email dated April 20, 2011, WSDOT does not need to see the annual Rock to Go Road Traffic Impact Analysis (TIA) from Miles Sand & Gravel Co. as conditioned on the Fred Hill Materials now Miles site that currently uses Rock to Go Road. Since negotiations are occurring between Miles Sand & Gravel Co. and WSDOT, that would move the operation and new access (T-1000 Road) to west of SR 19, preparing a new TIA would most likely just be wasted time and effort and money. However, this postponing the annul TIA is only for this year as those negotiations continue.
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Title:
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C-FPA COMPLIANCE
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Wording
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A FPA (Forest Practices Application) complying with the requirements of WAC 222 Forest Practice Rules) will be required for the removal of trees. It is anticipated that mineral extraction within the Wahl Lake MRLO will commence once a Conditional Use Pemit has been approved. Harvested areas should be replanted with trees within three years, then that area is not considered converted from timber use and may be processed through a Class III FPA. Jefferson County has limited authority to regulate FPAs that do not involve a conversion to non-forestry use or is not adjacent to shorelines of statewide significance.
If an activity would result in trees being removed and the area not reforested within three years, then this activity would be considered a "conversion," since the area is not reforested in the required timeframe for a FPA. The County is provided additional authority over conversions to non-forestry use and ensures that conversions meet all JCC requirements (such as Environmentally Sensitive Areas, performance & development standards). After the County's review is completed, the conversion is implemented through a Class IV General FPA processed through WA State DNR.
Mineral extraction is a use that is consistent with forestry use as outlined in the Jefferson County Comprehensive Plan. The Jefferson County Code (JCC) is the implementing development regulation for the Comprehensive Plan, which states that mining is a permitted use in Commercial Forest Designations with a MRL. The subsequent use of the area to be mined is timber production with other uses allowed in the underlying Commercial Forest Designation.
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Title:
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BMPs
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Wording
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The project shall adhere to the Best Management Practices (BMPs) to control stormwater, erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems.
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Title:
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Stormwater Plan
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Wording
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An Engineered Stormwater Drainage Report dated March 2011, prepared by Team 4 Engineering was been submitted with the application that assess the site, proposed activities, and proposed stormwater management strategies and facilities. The Report and Plan Sheets address the erosion and sediment control and stormwater treatment and flow control. Runoff from new impervious surfaces is proposed to be infiltrated on site.
DOE regulates erosion and stormwater runoff from construction sites greater than one acre and from surface mining operations. The proposal is subject to the requirements of a Construction General Stormwater Permit and a Sand and Gravel Permit.
DNR regulates compliance with surface mining reclamation plans. The proposal is subject ot the requirements of a Reclamation Permit.
Construction of SR 104 access is subject to plan review and inspection by DOT.
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Title:
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F-BACKGROUND INFORMATION
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Wording
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Background Information: An application (MLA03-00377) for a stormwater permit w/SEPA within the Wahl Lake MRLO was received on July 3, 2003. The case was placed on hold to wait for the issues related to the Comprehensive Plan Amendment (CPA) for a MRL (MLA 02-235) to be resolved. On October 14, 2004 the Western Washington Growth Management Hearings Board determined that the CPA for this MRL was in compliance with SEPA and the Growth Management Act. The application was taken off hold after the Hearings Board decision. The application was routed on December 23, 2004 to agencies with jurisdiction and interested parties. A Threshold Determination of a Mitigated Determination of Non-Significance (MDNS) was issued on March 30, 2005. Based on comments received regarding impacts to the hydrology to Thorndyke Creek, the SEPA Responsible Official withdrew the MDNS in a Memo dated May 12, 2005. This in effect put the application in the position of having to issue a new Threshold Determination. The May 12, 2005 Memo also indicated that the current proposal would result in probable significant adverse impacts to groundwater movement, quality, and quantity, which would result in a Determination of Significance. WAC 197-11-350(2) & (6) indicates that an applicant should be informed that a Determination of Significance is likely and be provided an opportunity to change a proposal to address the issues that would warrant a Determination of Significance.
On June 1, 2005 an on-site meeting was held with DCD, The Port Gamble S'Klallam Tribe, WA State Department of Fish & Wildlife and the applicant to examine issues related to impacts that mining would have on the hydrology of Thorndyke Creek and unnamed tributary. Part of the concern expressed was that there was no site specific data that documented the relationship between surface and groundwater to in-stream flows. Also, there was no field documentation on how long it took water to pass through the material found within the Wahl Extraction area. In addition, although the MRL was 500 feet from Thorndyke Creek, mineral extraction was proposed approximately 200 feet from its riparian zone of an unnamed tributary to Thorndyke Creek.
The applicant modified the application to re-sequence the areas to be mined by starting near the center of the MRL at the eastern edge instead of the southeastern corner (See Reclamation Sequence Map dated June 17, 2005). This would move the initial mining areas from 200 to over 500 feet from the riparian fringe of the unnamed tributary. In addition, Group 3 (the area closest to the unnamed tributary) has been changed from the first to the last area to be mined, contingent on the results from monitoring data. Group 2 is not part of this stormwater permit and would not occur for at least five years. This would allow the review of groundwater monitoring data that will be developed per Condition 15 of Ordinance 08-0706-04. The final area to be mined (Group 3) would be the area closest to the unnamed tributary and would not be reviewed until approximately 10 years of monitoring data has been collected. The groundwater monitoring would include establishing rain gauges, groundwater monitoring wells, stream monitor/water elevation stations in areas where flows are low (unnamed tributary), and flow meters near the confluence of the unnamed tributary with Thorndyke Creek and the downstream portion of Thorndyke Creek where the flows are perennial.
A new SEPA threshold determination will be conducted as part of the stormwater permit required for Groups 2 and 3. The existing environmental documents completed for the Comprehensive Plan Amendment for the 690 MRL and the 165 acre Wahl Extraction area will be utilized as deemed appropriate. The new threshold determinations will examine the specifics impacts associated with mineral extracting within Groups 2 and 3 and will examine surface and groundwater monitoring data collected in the Wahl area. By
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Title:
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F- SEPA
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Wording
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Reviewed under the State Environmental Policy Act (SEPA) by Jefferson County acting as lead agency. Notice of Type I Land Use Application (MLA11-00054) and Preliminary Threshold Determination for a Mitigated Determination of Non-Significance (MDNS) utilizing the optional process (WAC 197-11-355) was published in the April 6, 2011 edition of the Jefferson County Port Townsend Leader.
On March 29, 2011, a notice was sent to agencies, the applicant/representative, and surrounding landowners.
The site was posted on March 31, 2011.
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Title:
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F-Confirmed ESAs
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Wording
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The application was reviewed by the Jefferson County Department of Community Development staff on March 24, 2011 for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: SUSC aquifer recharge area.
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Title:
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F-Site Plan Changes
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Wording
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The site plan as submitted with the stormwater permit application on March 21, 2011 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated May 11, 2011 shall be resubmitted for review and approval by Jefferson County Department of Community Development.
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Title:
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F-Approval for _____ Only
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Wording
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This approval is to grade and construct improvements within the 18-acre MRLO AND a stormwater permit for construction of the T-1000 Road from SR 104. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits.
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