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ORDINANCE 2007- 035 <br />restoration plan. Any fluids remaining after the completion of the work <br />shall be returned to the bond holder. <br />(f) Appeals. <br />Any person receiving written notice of suspension of a permit and bond <br />forfeiture may within Fifteen (1.5) days following the date of such notice <br />enter an appeal in writing to the board of county commissioners of Indian <br />River County, Florida. Such appeal shall state the location of the property, <br />the date of the notice of violations, and the grounds or basis of the appeal. <br />The board of county commissioners, after holding a hearing on this <br />appeal, may continue the suspension, modify the suspension, revoke the <br />operating permit, call for forfeiture of any bonds, or reverse the decision <br />of the community development director. <br />2. No appeal filed later than fifteen (15) days after the date of such notice <br />shall be acted upon by the board of county commissioners, unless the <br />county administrator shall consent thereto. <br />Section 934.09, Use of public and private roads, is hereby amended to read as follows: <br />Any mining permit issued pursuant to this ordinance shall be subject to the following <br />provisions: <br />(1) The applicant shall ensure that neither public nor private property will be <br />damaged by the hauling of mined materials and that hazardous traffic conditions <br />will not be created. All such applications shall identify an authorized fill hauling <br />route. If private roads or easements are intended to be used, written permission <br />shall be submitted from the person or persons owning said road or easement as <br />part of the application materials. No load limits shall be exceeded along the haul <br />route; <br />(2) Where deemed necessary by the county engineer, mats, culvert, ramps, or paved <br />drives shall be placed at entrances and/or exists of haul sites in such positions that <br />pavement edges, shoulders, curbs and sidewalks will be protected from damage; <br />(3) If any of the hauling route is over county maintained, unpaved roads, the <br />permittee must maintain that section of the hauling route during the hauling <br />operation, and security for this purpose may be required, as determined by the <br />county engineer. If security is required based upon number of trips on the <br />unpaved roads, the frequency of the trips, and the duration of the activity, said <br />security shall not exceed ten thousand dollars ($10,000) two thousand dollms <br />($2,000.09) per mile of unpaved roadway identified on the approved hauling route <br />for the mine; <br />(4) Where vehicles hauling excavated materials use public roads, such vehicles shall <br />Bold Italics: Additions to Ordinance <br />StFilce dii-oughi. Deleted Text from Existing Ordinance <br />FAConununity Development\Users\CurDev\ORDINANCE\2007\2007- 934.07 sand mines.RTF <br />