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The purpose and intent of the current incidental to construction _ mining provisions are to balance the concerns and needs of developers with those of surrounding residents. Thus, the incidental to construction provisions recognize and accommodate the legitimate but rare need to haul excess fill from a construction site. It should be noted, however, that PSAC members believe that, since more and more lakes are likely to be dug to satisfy stormwater management requirements for new development projects, there may be more development projects that will "produce" large quantities of excess fill material. Incidental to construction mining operations are not restricted to agriculturally zoned property and can occur in any zoning district, including residential zoning districts. Thus, such operations are allowed in higher density areas where more residents can be impacted by the mining operation. In effect, the 2 month time limitation is intended to minimize the amount of time nuisances from off-site hauling are allowed to impact an area. However, the current 2 month limitation may not accommodate large development projects that may involve hauling large quantities of excess fill material off-site. The existing 12' lake depth limitation on incidental to construction mining is to ensure that resulting lakes, which will be integrated into development projects, will more easily function as viable lakes. According to St. Johns River Water Management District staff, lake depths below 12' can result in oxygen depleted "dead zones" at lake bottoms. Such oxygen depletion can be addressed by aeration and circulation techniques; however, those techniques can require a high degree of maintenance. Therefore, the 12' depth limitation serves the purpose of ensuring that the resulting lake will function well without a high degree of maintenance by project residents or owners. It should be noted that PSAC members unanimously agreed that the current 12' limitation should be retained since exceeding the 12' depth is not necessary to provide for stormwater management. *Alternatives to the 2 Month and 12' Depth Limitations Planning staff's position is that the existing 12' lake depth is justified for the reasons previously described. It is also staff's opinion that the current 2 month limitation is also justified, but that extending that timeframe for certain large projects could also be justified. There are numerous alternatives to the current 2 month time limit, including alternatives that would allow the type of mining activity proposed by Mr. Luethje. Six alternatives reviewed and discussed by the PSAC are contained in the attached table (see attachment #4). In staff's opinion, the two alternatives that would limit off-site hauling to less than 12 months are justifiable. Alternative 1, which would allow minor extensions to the 2 month limit due to weather delays, could be justified in that the total number of mining operation days would remain the same and a limited degree of flexibility could be given to account for weather-related delays or "down-time". Alternative 5, which would allow developers of large projects an opportunity to haul fill off-site for more than 2 months but less than 12 months, could be justified as a compromise that allows developers of larger projects to justify, based upon stormwater and/or environmental requirements, a longer period of time to remove excess fill* material from a project site. Alternatives 2, 3, and 4 would not be acceptable since each would expose surrounding property owners to unmitigated mining operations for significant periods of time (12-24 months). Alternative 6 11 �po� 96 5,97 November 14, 1995 pAu