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MAY' 119901 <br />BOOK ! PAGE100 <br />Mr. McQueen emphasized that if this was to be a mining <br />operation, they would be applying for a 35=ft. depth to start and <br />come back in later on for another 15 feet to go to a 50 -ft depth. <br />Their mining permit is for 12-14 feet below natural ground, <br />exactly the same as their surface water management permit. They <br />are presently clearing to dig the lake under their surface water <br />management permit, and they have agreed to dig the lake in the <br />wet without dewatering to prevent the degradation to the wells in <br />that area. One of the conditions of the permit is that the <br />material that is removed from the site cannot be transported east <br />on Winter Beach Road nor south on Kings Highway, and the <br />alternative is to go north on Kings Highway. If they were <br />permitted to haul half (30,000 cu. yds.) of the dirt offsite, he <br />anticipated that the contractor would move 2,000-4,000 yards a <br />day and that the operation would take 15 days to two weeks. <br />Attorney Vitunac advised that as a matter of law, it was his <br />opinion that the Board could not grant this special exception <br />today, no matter what the applicant says. We have a finding by <br />staff that two of the criteria of the ordinance have not been <br />met, and if there are no good reasons for those criteria to be in <br />the ordinance, which is what this argument involves, the Board's <br />motion would be to have staff change the ordinance and have the <br />applicant come back at a public hearing. Mr. McQueen has the <br />opportunity today to say that the nearby subdivisions are <br />serviced by water and that there is no one within 1,000 feet of <br />the lake., but he has not proven either one of those, and now his <br />argument is whether we should have those restrictions in :our <br />ordinance. <br />Commissioner Scurlock still was concerned that wells in the <br />nearby subdivisions might go dry because of the digging of this <br />lake, and Mr. McQueen pointed out that there is no question that <br />they would pull down the water table in the area if they were <br />28 <br />r <br />