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TO: Charles Balczun County Administrator DIVISION HEAD CONCURRENCE: DATE: January 11, 1988 FILE: APPEAL BY DENNIS L. SMITH OBJECT: OF MINING BOND FORFEITURE Robert M. Kea ng,/•ICP Community Development Director. FROM: Stan Boling .% ' 6, REFERENCES: smith Chief, Current Development STAN4 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 19, 1988. DESCRIPTION & CONDITIONS: Dennis L. Smith', Inc. owns and operates a sand mine located on the north side of 49th Street (Lindsey Road) approximately 500' west of 58th Avenue (King's Highway). The total site is 65 acres in area, with an approved two-phase excavation area of 36 acres. The site is zoned A -1, -Agricultural district, which allows mining operations. . Chronology of Approval On April 23, 1987, the Planning & Zoning Commission granted conditional site plan approval for the mining operation, then owned by the Indian River Corporation. On June 8, 1987, based upon the site plan approval and satisfaction of the applicable approval conditions, staff issued a mining permit for Phase I of the project. Pursuant to County zoning requirements, a $10,000.00 bond was posted to ensure performance of the mining operation as conditionally approved. The Indian River Corporation later sold the subject property and mining operation to Dennis L. Smith, Inc. In accordance with County requirements, the mining permit and conditional site plan approval was officially assigned to Dennis L. Smith, Inc. on September 3, 1987. All commitments, responsibilities, and obliga- tions relating to the mining operation were assigned. . Chronology of Violation and Notice On December 23, 1987 it was brought to staff's attention, by an owner of property near the mine, that water was being discharged off of the mining site as part of the excavation de -watering process. Staff was also told (and later confirmed) that the St. John's River Water Management District had been informed of the unpermitted discharging. Staff's immediate field investigation and telephone contact with Dennis L. Smith confirmed that water was discharged via two ditches from a retention basin on the subject site to an Indian River Farms Drainage District canal (A-9) running along the south side of 53rd Street (Kingsberry). Discharging water off-site is specifically prohibited in the approved mining application. A December 19, 1987 staff investi- gation conducted on-site with Dennis L. Smith revealed some minor discrepancies between actual operating conditions and the approved mining application regarding the location, extent, and separation of water retention areas. Staff reviewed the violation and drafted a cease and desist order. Administrator Balczun reviewed and signed the order, which was served to Dennis L. Smith on December 24, 1987. The letter issued four specific statements: JAN H 75 Boor. 70 F,,,r 635