1/19/1988 - Laserfiche WebLink

Home Browse Search

. Extent of Violation In staff's opinion, the discharge of water off-site was a major violation of the approved application. Discharging conflicts with the mining ordinance's recommendation to have "...one hundred (100) percent recirculation of water"... (25(r)(2)a.) on site. The recirculation of water on site is needed to mitigate potential negative impacts (lowering of water table and extreme drawdown) of extensive and continuous dewatering. Effects on surrounding potable water (Lindsey Pines subdivision) and irrigation water wells were expressed concerns of staff and the Planning and Zoning Commission. Discharging water off-site violated the County's recirculation requirement which is meant to protect wells used by surrounding property owners. . Purpose of Forfeiture In staff's opinion, the forfeiture of the entire $10,000.00 bond is commensurate with the extent of the mining operation and with the severity of the violation. The forfeiture is properly puni- tive and instructive for the applicant (evidenced by applicant's timely and appropriate responses to the mining suspension). ALTERNATIVES: The Board of County- Commissioners may choose not to keep all of the $10,00.00 bond, returning all or a portion of it to Dennis L. Smith, Inc. The Board's decision will set a precedent and estab- lish a policy regarding the punitive nature of mining bond forfei- tures. In essence, the Board could require $0.00 to $10,000.00. RECOMMENDATION: Staff recommends that pursuant to Section 25(r) (11) of the zoning code, the Board authorize staff to complete the bond forfeiture and that the County retain the entire $10,000.00 amount posted. Attorney Bruce Abernethy of Neill Griffin Jeffries & Lloyd, Fort Pierce, came before the Board representing Dennis L. Smith, Inc., in their appeal of the calling of the bond; the suspension already has been lifted. Attorney Abernethy noted that staff is reading the Mining Ordinance to require that the $10,000 bond, which was required to obtain the operating permit, be forfeited because of the deviation from the site plan, and he did not agree with that interpretation. The penalty set out in Section 12 states that the permit can be revoked or suspended upon due notification and upon reasonable opportunity to correct the deficiency; however, in this case, the deficiency already had been corrected when Mr. Smith received notice. If they had not corrected the violation and had continued in violation of the site plan for more than 7 days, then the Ordinance states that there is a penalty of $500 per day for non compliance, and in JAN 19 1988 77 BOOK 70 F'GF 63