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ORDINANCE NO. 88 - <br />within 30 days of expiration, the Community Devel- <br />opment Director shall notify the permit holder in <br />writing of the non-compliance and the pending <br />forfeiture of the compliance and/or restoration <br />bond. This notice shall also include notice of the <br />appeal process. <br />(a) The compliance bond shall be forfeited for <br />violating the conditions of site plan approval <br />including, but not limited to unapproved <br />off-site discharge of water, failure to <br />confine hauling to approved hauling routes, <br />operating in violation of the safety/security <br />plan, excavating within required setbacks, <br />mining of additional phases prior to restora- <br />tion of the previous phase, and activity not <br />consistent with permits issued by other <br />jurisdictional agencies. Upon appeal by the <br />applicant, the Board of County Commissioners <br />may, upon findings of fact, determine that the <br />violation did not occur or was insignificant <br />and may return all or part of the compliance <br />bond. <br />(b) The restoration bond shall be forfeited for <br />violating the conditions of restoration plan <br />approval including, but not limited to mine <br />abandonment prior to restoration, restoration <br />not completed within the approved time frame, <br />restoration not consistent with Water Manage- <br />ment Standards as contained in Section <br />25(r)(5) of this code, and restoration activi- <br />ty not consistent with permits issued by other <br />jurisdictional agencies. <br />The County shall use the funds to restore the <br />site in conformance with the approved site <br />plan. Any funds remaining after the com- <br />pletion of the work shall be returned to the <br />bond holder. <br />(6) Appeals. <br />(a) Any person receiving written notice of suspen- <br />sion of a permit and bond forfeiture may <br />within fifteen (15) days following the date of <br />such notice enter an appeal in writing to the <br />Board of County Commissioners of Indian River <br />County, Florida. Such appeal shall state the <br />location of the property, the date of the <br />notice of violations, and the grounds or basis <br />of the appeal. The Board of County <br />Commissioners, after holding a hearing on this <br />appeal, may continue the suspension, modify <br />the suspension, revoke the operating permit, <br />call for forfeiture of any bonds, or reverse <br />the decision of the Community Development <br />Director. <br />(b) No appeal filed later than fifteen (15) days <br />after the date of such notice shall be acted <br />upon by the Board of County Commissioners, <br />unless the County Administrator shall consent <br />(7) thereto. <br />(,) Use of public and private roads. Any mining permit issued <br />pursuant to this ordinance shall be subject to the following <br />.provisions: <br />M AY.1`/ 8 <br />-9- RUCK 72 F'r{GE 36l <br />