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Last modified
11/28/2018 11:56:33 AM
Creation date
11/28/2018 11:37:11 AM
Metadata
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Ordinances
Ordinance Number
2018-024
Adopted Date
11/20/2018
Agenda Item Number
10.A.2.
Ordinance Type
LDR
State Filed Date
11\27\2018
Entity Name
Amendments to Chapter 934, Excavating and Mining
Subject
Excavation Incidental to Development Projects
Conditions of the Mining Permit
Codified or Exempt
Exempt
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ORDINANCE 2018- 024 <br />(k) The mining site shall be restored in accordance with the approved restoration plan. <br />Within five (5) months of the end of the approved timeframe (including any <br />extension), the operator shall submit to the county a written notice stating that the <br />mine is inactive and has been restored. Such notice shall be accompanied by two (2) <br />signed and sealed as -built surveys of the site demonstrating substantial conformance <br />with the approved project restoration plan. Restoration work shall then be inspected <br />for compliance with the approved project restoration plan by county staff within six <br />(6) months of the end of the approved timeframe (including any extension) for the <br />mining operation. None of the security posted with the county in accordance with <br />these mining regulations shall be returned unless and until the requirements of this <br />subsection "(k)" are satisfied. <br />SECTION #3: SEVERABILITY <br />If any clause, section or provision of this Ordinance shall be declared by a court of competent <br />jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated <br />from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect <br />and be as valid as if such invalid portion thereof had not been incorporated therein. <br />SECTION #4: REPEAL OF CONFLICTING ORDINANCES <br />The provisions of any other Indian River County ordinance that are inconsistent or in conflict <br />with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. <br />SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES <br />The provisions of this Ordinance shall become and be made a part of the Code of Laws and <br />Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered <br />or relettered to accomplish such, and the word 'ordinance" may be changed to "section", <br />"article", or any other appropriate word. <br />SECTION #6: EFFECTIVE DATE <br />This Ordinance shall take effect upon filing with the Department of State. <br />This ordinance was advertised in the Press -Journal on the 4th day of November '2018, <br />for a public hearing to be held on the 20th day of November , 2018, at which time it <br />was moved for adoption by Commissioner o' Bryan seconded by <br />Commissioner Flescher , and adopted by the following vote: <br />Commissioner Susan Adams AYE <br />Commissioner Joseph E. Flescher AYE <br />Commissioner Peter D. O'Bryan AYE <br />Commissioner Bob Solari AYE <br />StFi g is Deleted Text from Existing Ordinance <br />FACommunity Development\CurDev\Ordinances\20180rdinances\2018-_934.04(7)and934.07(3)Mining.docx <br />
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