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<br />3. PERMIT REQUIREMENT. Pursuant to the terms of the permit, the District <br />may issue a cease and desist order when it finds that a proposed or initiated <br />activity or project presents a serious threat of soil erosion, sedimentation, or an <br />adverse effect upon water quality or quantity, or violates any rule of the District. <br /> <br />4. ATTORNEY FEES AND COSTS. In any civil action arising from or related to <br />these Rules, an order or stipulation agreement made or a permit issued or denied <br />by the District, the court may award the prevailing party reasonable attorney fees <br />and costs. <br /> <br />5. ILLICIT DISCHARGE. In addition to the remedies provided for in this Rule, <br />the enforcement of Rule G shall be governed by Rule G(3)(h). <br /> <br />Rule I: <br /> <br />VARIANCES <br /> <br />1. WHEN AUTHORIZED. The Board ofM rs shall have the power to grant <br />variances from these Rules where they fm at aordinary and unnecessary <br />hardships may result from strict compli e with th Rules; provided that such <br />variances will not have the effect of n If)" the intent and purpose of these <br />Rules and the overall plan of the Distric adopted. <br /> <br />(a) An application for a v <br />exceptional conditio <br /> <br /> <br />filed with the District stating the <br />liar difficulties claimed. <br /> <br />2. PROCEDURE. <br /> <br />(b) The request shal . <br />within 30 days. <br /> <br />the Board and they shall review the request <br />he request was filed with the District. <br /> <br />(c) In considering reques or variances, the Board shall consider the effect of the <br />proposed variance upon the entire District and the anticipated effect of the <br />proposed variance upon the overall plan of the District as adopted. <br /> <br />(d) If the Board shall determine that the special conditions which apply to the <br />structure or land in question are peculiar to such property, and do not apply <br />generally to other land or structures in the District and that the granting of a <br />variance will not in any way impair or be contrary to the intent of these Rules <br />and the overall plan of the District as adopted; and that the granting of such <br />variance will not merely serve as a convenience to the applicant; the Board <br />may grant such variances and impose conditions and safeguards to insure <br />compliance with these Rules and to protect adjacent property. <br /> <br />(e) Variances may be denied by Motion of the Board and such Motion shall <br />constitute a fmding and determination that the conditions required for <br />approval do not exist. No application for a variance which has been denied <br /> <br />06/12/2006 CRWD DRAFT <br /> <br />32 <br />