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Are there any provisions for obtaining a variance from the performance standards?

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Are there any provisions for obtaining a variance from the performance standards?

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Yes. You can request a variance for: (1) excavating between 2 feet and 5 feet of the seasonal high water table; (2) an area greater than 10 acres for the working pit; (3) externally drained pits; (4) reclaimed side slopes steeper than 2.5H to 1V; (5) excavating closer than 100 feet to a public road; (6) excavating below the water table; or (7) reduced setbacks to a public water supply. A fee of $250 for each variance request, except for excavating below the water table ($500 fee) and externally drained pits ($500 fee) is required at the time the request is filed. The applicant must submit specific information in support of each request showing that the variance will not adversely affect the environment and the health, safety and general welfare of the public. The variance process includes requirements for a public information meeting, a public notice and an appeal process.

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