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<br />(A) immediately suspend all excavation and construction activities within 50 feet of the <br />feature, measured horizontally; <br /> <br />(B) immediately notify the planning director of the discovery; and <br /> <br />(C) retain a qualified geologist to inspect the feature and make a recommendation to the <br />planning director based on the relative sensitivity of the feature. <br /> <br />(2) The planning director may require, for a development in the recharge zone, that the <br />holder submit an application to amend the approved aquifer protection plan to adequately <br />protect a feature encountered or found under subsection (b)(l) above. For a development in the <br />transition zone, the planning director may require that the developer submit an application for <br />approval of a short form aquifer protection plan in accordance with the procedures in subsection <br />(a) of this section. The planning director will review the available information and within two <br />working days of notification of the feature, will decide whether to allow construction activities <br />to resume near the feature pending the amendment or the short form aquifer protection plan, and <br />if so, at what locations. The planning director will review and approve or deny a requested <br />amendment or short form aquifer protection plan within five working days of submission of the <br />geologic assessment and completed application for the feature. The holder may appeal a denial <br />in accordance with section 94.513. <br /> <br />(c) Legal transfer of property. Upon legal transfer of property, the new owner is required to <br />comply with all terms of the approved aquifer protection plan. If the new owner intends to <br />commence any development on the site that is not covered by the approved aquifer protection <br />plan, a new aquifer protection plan application that specifically addresses the new activity must <br />be submitted to the planning director for review and approval prior to commencement of the <br />activity. <br /> <br />illLModification of meviouslv approved aquifer protection plans. The holder of any approved <br />aquifer protection plan must notify the planning director in writing and obtain approval from the <br />director prior to commencing any of the following: <br /> <br />(1 ) Any physical or operational modification of any water pollution abatement structure, <br />including but not limited to ponds, dams, berms, sewage treatment plants, and diversionary <br />structures. <br /> <br />(2) Any change in the nature or character of the development from that covered by the <br />approved aquifer protection plan, or any change that would significantly impact the ability of <br />the approved plan to prevent pollution of the aquifer. <br /> <br />(3) Any development on land previously identified as undeveloped in the approved <br />aquifer protection plan. <br /> <br />(a) l...ppeal of denial. If the planning director denies an application for approval of a <br />development plat, the applicant may appeal the denial to the commission by filing a written <br /> <br />C:\TEMP\Edwards Regulations revision final.doc <br /> <br />32 <br />