| | | (1)__The hardship is not the result of action taken | | by the applicant or a prior owner; and |
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| | | (2)__There are no practicable measures or | | alternatives that would allow the project to proceed | | in compliance with section 480-BB, subsection 5.__The | | applicant must demonstrate that the applicant has | | explored all alternatives that would allow the | | project to proceed in compliance with section 480-BB, | | subsection 5 and must explain to the satisfaction of | | the department why each such alternative is | | unavailable or unreasonable. |
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| | | §480-EE.__Standard conditions of permits |
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| | | The following standard conditions apply to any permits | | granted under this article unless the permit specifically | | states otherwise. |
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| | | 1.__Shoreline recession.__If the shoreline recedes so that a | | coastal wetland, as defined under section 480-B, subsection 2, | | extends to any part of the structure, including support posts | | but excluding seawalls, for a period of 6 months or more, then | | the approved structure along with appurtenant facilities must | | be removed and the site must be restored to natural conditions | | within one year. |
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| | | 2.__Removing debris.__Any debris or other remains from | | damaged structures on the property must be removed from the | | coastal sand dune system. |
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| | | 3.__Natural dune vegetation.__The permit holder shall | | restore any disturbed areas of natural dune vegetation as | | quickly as possible. |
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| | | 4.__Approval of variations from plans.__The granting of a | | permit is dependent upon and limited to the proposals and | | plans contained in the application and supporting documents | | submitted by the applicant.__Any variation from these plans, | | proposals and supporting documents is subject to review and | | approval prior to implementation. |
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| | | 5.__Compliance with all applicable laws.__The permit holder | | shall secure and comply with all applicable federal, state and | | local licenses, permits, authorizations, conditions, | | agreements and orders prior to or during construction and | | operation, as appropriate. |
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| | | 6.__Compliance with all permit terms and conditions.__The | | permit holder shall submit all reports and information | | requested by the department, demonstrating that the applicant | | has complied |
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