HomeMy WebLinkAbout2008-0232008- 023
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO
ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FINDINGS; PROVIDING FOR
AMENDMENTS TO CHAPTER 934, EXCAVATION AND MINING, AND CHAPTER 971,
REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SHORT TITLE AND PURPOSE
SECTION 934.01, BY AMENDING EXEMPTIONS SECTION 934.04, BY AMENDING SITE PLAN
SUBMITTAL REQUIREMENTS FOR MINES SECTION 934.05, BY AMENDING MINING
STANDARDS SECTION 934.06, BY AMENDING MINING PERMIT REGULATIONS SECTION
934.07, BY AMENDING RESERVED SECTION 938.08, BY AMENDING USE OF PUBLIC AND
PRIVATE ROADS SECTION 934.09, BY AMENDING DURATION AND COMPLETION OF
PERMITS SECTION 934.10, BY AMENDING RESERVED SECTION 93411, BY AMENDING
MINING PERMIT FEES SECTION 934.12, AND BY AMENDING THE SPECIFIC LAND USE
CRITERIA FOR EXTRACTIVE USES SECTION 971.22, AND BY PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) BE AMENDED AS FOLLOWS:
SECTION #1:
Short title and purpose section 934.01 is hereby amended to read as follows:
(1) This chapter shall be known and may be cited as the "Indian River County Excavation and
Mining Ordinance."
(2) The Indian River County Board of County Commissioners finds that in order to provide
for the excavation, processing, production, and transportation of mined materials, to prevent public
nuisances, safety hazards and damage to private and public property in the excavation of land, and in
order to protect the environment, including the quality and quantity of ground and surface waters, it is
necessary to regulate excavation activities, including mining and hauling, in Indian River County.
SECTION #2:
Exemptions section 934.04, is hereby amended to read as follows:
The following activities shall be exempted from the permitting requirements of this chapter,
except as specifically indicated:
(1) Agricultural use projects including agricultural drainage canals; and irrigation work
incidental to agricultural operations and stock watering ponds, provided that:
(a) The property is agriculturally zoned, or if the property is not so zoned, the
agricultural use project is allowed in accordance with Chapter 904,
Nonconformities, of the county land development code regulations;
(b) No excavated material is removed from the subject property;
Double_Underlinc Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strikeigtr-i-k-e-thfausehi Deleted Text from Existing Ordinance
F:ACommunity Development\ Users \CurDevAORDINANCE \2008\2008- 934 Excavation(aIter l2-19-08).RTF
1
2008- 023
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO
ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FINDINGS; PROVIDING FOR
AMENDMENTS TO CHAPTER 934, EXCAVATION AND MINING, AND CHAPTER 971,
REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SHORT TITLE AND PURPOSE
SECTION 934.01, BY AMENDING EXEMPTIONS SECTION 934.04, BY AMENDING SITE PLAN
SUBMITTAL REQUIREMENTS FOR MINES SECTION 934.05, BY AMENDING MINING
STANDARDS SECTION 934.06, BY AMENDING MINING PERMIT REGULATIONS SECTION
934.07, BY AMENDING RESERVED SECTION 938.08, BY AMENDING USE OF PUBLIC AND
PRIVATE ROADS SECTION 934.09, BY AMENDING DURATION AND COMPLETION OF
PERMITS SECTION 934.10, BY AMENDING RESERVED SECTION 93411, BY AMENDING
MINING PERMIT FEES SECTION 934.12, AND BY AMENDING THE SPECIFIC LAND USE
CRITERIA FOR EXTRACTIVE USES SECTION 971.22, AND BY PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) BE AMENDED AS FOLLOWS:
SECTION #1:
Short title and purpose section 934.01 is hereby amended to read as follows:
(1) This chapter shall be known and may be cited as the "Indian River County Excavation and
Mining Ordinance."
(2) The Indian River County Board of County Commissioners finds that in order to provide
for the excavation, processing, production, and transportation of mined materials, to prevent public
nuisances, safety hazards and damage to private and public property in the excavation of land, and in
order to protect the environment, including the quality and quantity of ground and surface waters, it is
necessary to regulate excavation activities, including mining and hauling, in Indian River County.
SECTION #2:
Exemptions section 934.04, is hereby amended to read as follows:
The following activities shall be exempted from the permitting requirements of this chapter,
except as specifically indicated:
(1) Agricultural use projects including agricultural drainage canals; and irrigation work
incidental to agricultural operations and stock watering ponds, provided that:
(a) The property is agriculturally zoned, or if the property is not so zoned, the
agricultural use project is allowed in accordance with Chapter 904,
Nonconformities, of the county land development code regulations;
(b) No excavated material is removed from the subject property;
Double_Underlinc Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strikeigtr-i-k-e-thfausehi Deleted Text from Existing Ordinance
F:ACommunity Development\ Users \CurDevAORDINANCE \2008\2008- 934 Excavation(aIter l2-19-08).RTF
1
2008- 023
(c) No excavation shall take place within fifty (50) feet of the property line; however, a
ditch or canal may be excavated within fifty (50) feet of or along the property line,
if written approval is obtained fiom affected property owners; and
(d) Wetlands are protected from the excavation activity, in accordance with the
provisions of this chapter.
(2) Earth moving in conjunction with the installation of a utility lines, wherein the excavation
is to be backfilled.
(3) Construction of state, federal, or local public roads and public works within the limits of
public property..-, right-of-way, or easement.
(4) Graves.
(5) Approved sanitary landfills.
(6) Any activity regulated by the Florida Electrical Power Plant Siting Act and the
Transmission Line Siting Act (Part II, Chapter 403, F.S.) to the extent that the provisions
of this chapter are pre -emptied by said Acts. Maintenance activities undertaken by a public
utility as defined in Section 366.02, Florida Statutes (1983) with regard to existing
electrical power plants, their reservoirs and other related facilities.
(7) Excavation incidental to development peFm-its projects.
(a) Small-scale transfer of excess material
Excavation incidentalto any authorized Indian River County development order or
permit, excluding permits for individual single-family homes and single-family
ponds on individual lots or parcels including approved site plans, subdivision
plats, final development plans and/or building permits, shall be exempt if whereby
no more than five thousand (5,000) cubic yards of excavated materials are removed
transferred from the project site premises. Prior to transfer of material from
th ors t it th ors t lip r hall ap .1 fir ani LI ain tamp irar
use permit (TUP) from the community development director or his designee
for such transfer of material The authorized transfer of material from a
development project site to adjacent right-of-way shall be considered the same
as transfer of material within the boundaries of the development project site.
Transfer of material off site shall occur within a continuous period
("window") of time not to exceed two (2) months and be limited to the hours of
7:00 am and 5:00 pm Monday through Friday. This paragraph shall not be
construed to exempt excavation activities resulting in the creation of a waterbody
Flom satisfying the littoral zone and water management standards of section
934.056(1) of this chapter.
(b) Medium -scale transfer of excess material
For excavation incidental to authorized site plans, subdivisions, or planned
developments, excavation material removal transferred from the premises project
site may exceed five thousand (5,000) cubic yards, provided that:
Double_ Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Stf+k-e-throughi Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CurDcvAORDINANCE\2008\2008- 934 Excavation(after12-19-08).RTF
2
2008- 023
(c) No excavation shall take place within fifty (50) feet of the property line; however, a
ditch or canal may be excavated within fifty (50) feet of or along the property line,
if written approval is obtained fiom affected property owners; and
(d) Wetlands are protected from the excavation activity, in accordance with the
provisions of this chapter.
(2) Earth moving in conjunction with the installation of a utility lines, wherein the excavation
is to be backfilled.
(3) Construction of state, federal, or local public roads and public works within the limits of
public property..-, right-of-way, or easement.
(4) Graves.
(5) Approved sanitary landfills.
(6) Any activity regulated by the Florida Electrical Power Plant Siting Act and the
Transmission Line Siting Act (Part II, Chapter 403, F.S.) to the extent that the provisions
of this chapter are pre -emptied by said Acts. Maintenance activities undertaken by a public
utility as defined in Section 366.02, Florida Statutes (1983) with regard to existing
electrical power plants, their reservoirs and other related facilities.
(7) Excavation incidental to development peFm-its projects.
(a) Small-scale transfer of excess material
Excavation incidentalto any authorized Indian River County development order or
permit, excluding permits for individual single-family homes and single-family
ponds on individual lots or parcels including approved site plans, subdivision
plats, final development plans and/or building permits, shall be exempt if whereby
no more than five thousand (5,000) cubic yards of excavated materials are removed
transferred from the project site premises. Prior to transfer of material from
th ors t it th ors t lip r hall ap .1 fir ani LI ain tamp irar
use permit (TUP) from the community development director or his designee
for such transfer of material The authorized transfer of material from a
development project site to adjacent right-of-way shall be considered the same
as transfer of material within the boundaries of the development project site.
Transfer of material off site shall occur within a continuous period
("window") of time not to exceed two (2) months and be limited to the hours of
7:00 am and 5:00 pm Monday through Friday. This paragraph shall not be
construed to exempt excavation activities resulting in the creation of a waterbody
Flom satisfying the littoral zone and water management standards of section
934.056(1) of this chapter.
(b) Medium -scale transfer of excess material
For excavation incidental to authorized site plans, subdivisions, or planned
developments, excavation material removal transferred from the premises project
site may exceed five thousand (5,000) cubic yards, provided that:
Double_ Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Stf+k-e-throughi Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CurDcvAORDINANCE\2008\2008- 934 Excavation(after12-19-08).RTF
2
2008- 023
1 The extraction process and hauling of excavated materials from the
premises project site is completed within a two (2) months continuous
period of time beginning with the initial transfer of material off the
development project site.
following the issuance of The transfer of material off site shall not occur
until a county land development permit Of has been issued, a land
development permit waiver has been granted, or release of an approved
a site plant has been approved and released
that sSuch extraction and hauling is limited to occurring between the hours
of 7:00 a.m. and 5:00 p.m. Monday through Friday;
2. Water depth within a created waterbody (as applicable) shall not exceed
twelve (12) feet;
3. The provisions of section. 934.07(5)2 are satisfied, pertaining to the posting
of compliance and restoration bonds security, are satisfied;
4. The provisions of section 934.094 are satisfied, pertaining to the hauling of
excavated materials on public and private roads and the posting of road
maintenance security, are satisfied;
5. The provisions of section 934.0-56(1), are satisfied pertaining to littoral
zone and water management standards for created waterbodiest, are
satisfied; and
6. No dewatering occurs within one thousand (1,000) feet of any platted
subdivision that is not serviced by public water;
7. The project developer applies for and obtains an administrative site
plan approval for the transfer of material off-site.
7.(c) Large-scale transfer of excess material
Incidental to constructionmining activity on projects, including project phases,
over three hundred fifty (350) acres in size may be permitted for a total of up to
eighteen (18) continuous months from the date of commencement of off-site
hauling of excess material construction of the project's water management system,
if each of the following conditions is satisfied: as determined by the public works
director and the community development director:
• That a the project developer applies for and obtains site plan approval for the
transfer of material off-site. The site plan application is submitted for approval
shall which provides sufficient information to demonstrate compliance with all
applicable Chapter 934.04(7)(b) standards set forth above.
• That the quantity of excess fill produced by project construction and proposed to
be hauled off-site is the result of complying with water management or
Douhle Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
S-tfike—t-h-Fottglii Deleted Text from Existing Ordinance
F:ACommunity Development\Users \CurDevAORDINANCE \2008\2008- 934 Excavation(afterI2-19-08).RTE
3
2008- 023
1 The extraction process and hauling of excavated materials from the
premises project site is completed within a two (2) months continuous
period of time beginning with the initial transfer of material off the
development project site.
following the issuance of The transfer of material off site shall not occur
until a county land development permit Of has been issued, a land
development permit waiver has been granted, or release of an approved
a site plant has been approved and released
that sSuch extraction and hauling is limited to occurring between the hours
of 7:00 a.m. and 5:00 p.m. Monday through Friday;
2. Water depth within a created waterbody (as applicable) shall not exceed
twelve (12) feet;
3. The provisions of section. 934.07(5)2 are satisfied, pertaining to the posting
of compliance and restoration bonds security, are satisfied;
4. The provisions of section 934.094 are satisfied, pertaining to the hauling of
excavated materials on public and private roads and the posting of road
maintenance security, are satisfied;
5. The provisions of section 934.0-56(1), are satisfied pertaining to littoral
zone and water management standards for created waterbodiest, are
satisfied; and
6. No dewatering occurs within one thousand (1,000) feet of any platted
subdivision that is not serviced by public water;
7. The project developer applies for and obtains an administrative site
plan approval for the transfer of material off-site.
7.(c) Large-scale transfer of excess material
Incidental to constructionmining activity on projects, including project phases,
over three hundred fifty (350) acres in size may be permitted for a total of up to
eighteen (18) continuous months from the date of commencement of off-site
hauling of excess material construction of the project's water management system,
if each of the following conditions is satisfied: as determined by the public works
director and the community development director:
• That a the project developer applies for and obtains site plan approval for the
transfer of material off-site. The site plan application is submitted for approval
shall which provides sufficient information to demonstrate compliance with all
applicable Chapter 934.04(7)(b) standards set forth above.
• That the quantity of excess fill produced by project construction and proposed to
be hauled off-site is the result of complying with water management or
Douhle Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
S-tfike—t-h-Fottglii Deleted Text from Existing Ordinance
F:ACommunity Development\Users \CurDevAORDINANCE \2008\2008- 934 Excavation(afterI2-19-08).RTE
3
2008- 023
environmental requirements, or recommendations from stormwater management
improvements recommended by jurisdictional agencies.
• That the quantity of excess fill to be hauled off-site requires more than two (2)
months of excavation and hauling activity., An initial permit allowing four (1)
months of n-imin
and haulm_ be by An
activity may issued county staff. 111
tial
extension (6) four (7)
of six months, a second extension of months, and a third
four be by
that
extension of (4) months, may granted staff if and
the applicait has
demonstrated comsliance with count niinin. re ulations for the initial period(s) of
alining activity and if the applicant demonstrates that the requested timeframe (up
to 18 continuous months) extension(s) is. a-rree necessary to excavate and haul the
quantity of material involved.
• As a condition of site plan approval for an incidental to construction
mining operation conducted under this subsection [931.01(7)(b)7.], the
public works director may require public road repair work or funds or
security to guarantee such work, representing an amount of up to twenty
thousand dollars ($20,000.00). The public works director may adjust this
(8) Maintenance dredging of lakes or canals. No fill material generated by maintenance of
ponds on single-family lots or parcels shall be transferred off site.
(9)
A pond or ponds on a single-family residential lot or parcel, provided that:
(a) The total surface area of the pond or ponds is not greater than one-half ( 1/2) acre in
size or thirty-five (35) percent of the lot or parcel, whichever is more restrictive,
except that the community development director or his designee may approve
a larger pond area if the applicant adequately demonstrates that a larger pond
is necessary to satisfy the need for till on site;
(b) No excavation takes place within fifty (50) feet of the lot property line.
Notwithstanding, in cases where the pond is necessary to meet stormwater
management cut and fill balance requirements, said setback may be reduced to
twenty-five (25) percent of parcel width perpendicular to a given lot line, as
applicable;
(c) The excavation does not disturb any existing wetland;
(d) Pond depth does not exceed twelve (12) feet;
(e) Side slopes are not greater than one foot vertical to four (4) feet horizontal;
(f) There will be nNo hauling of excavated material is hauled from the property
unless the excavation is conducted to satisfy cut and fill balance requirements for
stormwater management purposes, as verified by the county engineer, provided
removal of excavated material off-site is the minimum necessary to satisfy said
requirements;
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike through: Deleted Text from Existing Ordinance
F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- 934 Excavation(after12-19-08).RTF
4
2008- 023
environmental requirements, or recommendations from stormwater management
improvements recommended by jurisdictional agencies.
• That the quantity of excess fill to be hauled off-site requires more than two (2)
months of excavation and hauling activity., An initial permit allowing four (1)
months of n-imin
and haulm_ be by An
activity may issued county staff. 111
tial
extension (6) four (7)
of six months, a second extension of months, and a third
four be by
that
extension of (4) months, may granted staff if and
the applicait has
demonstrated comsliance with count niinin. re ulations for the initial period(s) of
alining activity and if the applicant demonstrates that the requested timeframe (up
to 18 continuous months) extension(s) is. a-rree necessary to excavate and haul the
quantity of material involved.
• As a condition of site plan approval for an incidental to construction
mining operation conducted under this subsection [931.01(7)(b)7.], the
public works director may require public road repair work or funds or
security to guarantee such work, representing an amount of up to twenty
thousand dollars ($20,000.00). The public works director may adjust this
(8) Maintenance dredging of lakes or canals. No fill material generated by maintenance of
ponds on single-family lots or parcels shall be transferred off site.
(9)
A pond or ponds on a single-family residential lot or parcel, provided that:
(a) The total surface area of the pond or ponds is not greater than one-half ( 1/2) acre in
size or thirty-five (35) percent of the lot or parcel, whichever is more restrictive,
except that the community development director or his designee may approve
a larger pond area if the applicant adequately demonstrates that a larger pond
is necessary to satisfy the need for till on site;
(b) No excavation takes place within fifty (50) feet of the lot property line.
Notwithstanding, in cases where the pond is necessary to meet stormwater
management cut and fill balance requirements, said setback may be reduced to
twenty-five (25) percent of parcel width perpendicular to a given lot line, as
applicable;
(c) The excavation does not disturb any existing wetland;
(d) Pond depth does not exceed twelve (12) feet;
(e) Side slopes are not greater than one foot vertical to four (4) feet horizontal;
(f) There will be nNo hauling of excavated material is hauled from the property
unless the excavation is conducted to satisfy cut and fill balance requirements for
stormwater management purposes, as verified by the county engineer, provided
removal of excavated material off-site is the minimum necessary to satisfy said
requirements;
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike through: Deleted Text from Existing Ordinance
F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- 934 Excavation(after12-19-08).RTF
4
2008- 023
(g) It is demonstrated that the pond excavation is the minimum necessary to satisfy the
intended use of fill on-site, as applicable; and
(h) A pond permit is obtained from the county planning division, inch ding the posting
of a five hundred dollar ($500.00) bond security or other amount established by
a resolution of the Board of County Commissioners; said security to be
returned upon verification by county staff that the above criteria have been
satisfied.
SECTION #3:
Section 934.05 is hereby replaced with wording to read as follows:
Section 934.05 Site Plan Submittal Requirements for Mines
For mining operations not exempt under section 934.04, the following special site plan submittal
requirements, in addition to Chapter 914 and Chapter 971 submittal requirements, shall be
satisfied:
(1) Submittal requirements. Mining site plan application requests shall include the following:
(a) Documentation that the applicant has met with the St. John's River Water
Management District (SJRWMD) on project stormwater and groundwater issues.
(b) Documentation that a county site plan pre -application conference has been conducted
in accordance with Chapter 914 requirements and that a traffic impact methodology
meeting with Public Works/Traffic Engineering has been conducted.
*(c) A National Pollutant Discharge Elimination System (NPDES) pollution prevention
plan. Such pollution prevention plan shall adequately address:
Containment of run-off from stockpile, wash -down, and truck spray -down
areas.
Containment of leaks and spills from vehicles and equipment (e.g. pumps.,
crushers).
Wind erosion control measures used in exposed excavation and stockpile
areas.
- Posting of setbacks and preservation areas on site.
Applicable items from the county's list of mining operation best
management practices (bmps); said list is maintained by and available from
the county planning department.
*(d) A hydrology report prepared and certified by a state certified professional engineer
or geologist that, at a minimum, includes:
Historical and baseline data on the hydrology of the site and surrounding
area.
*These items may be submitted after initial review by the Technical Review Committee (TRC)
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strikeh: Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CurDevAORDINANCE\2008\2008- 934 Excavation(afterl2-19-08).RTF
5
2008- 023
(g) It is demonstrated that the pond excavation is the minimum necessary to satisfy the
intended use of fill on-site, as applicable; and
(h) A pond permit is obtained from the county planning division, inch ding the posting
of a five hundred dollar ($500.00) bond security or other amount established by
a resolution of the Board of County Commissioners; said security to be
returned upon verification by county staff that the above criteria have been
satisfied.
SECTION #3:
Section 934.05 is hereby replaced with wording to read as follows:
Section 934.05 Site Plan Submittal Requirements for Mines
For mining operations not exempt under section 934.04, the following special site plan submittal
requirements, in addition to Chapter 914 and Chapter 971 submittal requirements, shall be
satisfied:
(1) Submittal requirements. Mining site plan application requests shall include the following:
(a) Documentation that the applicant has met with the St. John's River Water
Management District (SJRWMD) on project stormwater and groundwater issues.
(b) Documentation that a county site plan pre -application conference has been conducted
in accordance with Chapter 914 requirements and that a traffic impact methodology
meeting with Public Works/Traffic Engineering has been conducted.
*(c) A National Pollutant Discharge Elimination System (NPDES) pollution prevention
plan. Such pollution prevention plan shall adequately address:
Containment of run-off from stockpile, wash -down, and truck spray -down
areas.
Containment of leaks and spills from vehicles and equipment (e.g. pumps.,
crushers).
Wind erosion control measures used in exposed excavation and stockpile
areas.
- Posting of setbacks and preservation areas on site.
Applicable items from the county's list of mining operation best
management practices (bmps); said list is maintained by and available from
the county planning department.
*(d) A hydrology report prepared and certified by a state certified professional engineer
or geologist that, at a minimum, includes:
Historical and baseline data on the hydrology of the site and surrounding
area.
*These items may be submitted after initial review by the Technical Review Committee (TRC)
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strikeh: Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CurDevAORDINANCE\2008\2008- 934 Excavation(afterl2-19-08).RTF
5
2008- 023
Historical and baseline data on various groundwater characteristics,
including wet season and dry season (minimum 1 year) monitoring well data
collected prior to on-site mechanical de -watering and excavation below wet
season groundwater level. Submittal of such wet season and dry season
monitoring well data may be delayed until issuance of the first mining
permit renewal or within 1 year of the issuance of the initial mining permit.
Estimated depth, thickness, and extent of the confining layer (e.g.
Hawthorne group) in the general area of the project site, and maximum
depth of proposed project excavation and well drilling activities.
Evaluation of the cumulative groundwater impacts on adjacent wells,
wetlands, and vegetation from mining or excavation operations that exist or
are proposed in the vicinity of the subject mining proposal.
Hydrology model run outputs for the milling operation with assumptions,
summary, and conclusion. in addition, model run outputs shall be submitted
that predict the post -reclamation groundwater and lake levels and shall
include assumptions, summary, and conclusion.
Recommendations from the professional engineer or geologist to the site plan
project engineer on mining design, operation, and monitoring that ensure no
adverse impacts on adjacent wells, vegetation, surface waters, and wetlands.
1. Along with the hydrology report, the applicant shall submit a $10,000.00 deposit
(or such deposit amount established by Resolution of the Board of County
Commissioners as may be amended from time to time) to be used by the county
to cover the cost to hire professional services to rev'ew and comment on the
hydrology report. Once professional serves are paid, the county shall return
any funds remaining on deposit to the applicant.
*(e) Written clescription of how the site plan incorporates the design recommendations
contained in the hydrology report and applicable items from the county's list of
mining best management practices (burps).
1. A clescription, noted on the site plan and stormwater management permit
plans, stating how the proposed mining operation will satisfy state and federal
groundwater impact regulations and standards.
2. The date, noted on the site plan, a copy of the hydrology report was sent to the
SJRWM D.
*(f) Soils test data, if any, required by the Department of Health (DOH) as a result of the
county site plan pre -application conference process. The DOH may require soils
testing if it determines that site conditions appear to have pollution indicators for soil
contaminants regulated by 62-777 Florida Administrative Code.
(g) The location, depth, characteristics, and condition of all existing wells on site.
(h) The distance from the excavation area(s) to the nearest existing or proposed city or
county surficial aquifer public water supply well.
*These items may be submitted after initial review by the Technical Review Committee (TRC).
Double_Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
$trike-throtigh: Deleted Text from Existing Ordinance
F:ACommunity DevelopmentAUsers\CurDevAORDIN ANCE\2008\2008-
934 Excavation(after12-19-08).RTF
6
2008- 023
Historical and baseline data on various groundwater characteristics,
including wet season and dry season (minimum 1 year) monitoring well data
collected prior to on-site mechanical de -watering and excavation below wet
season groundwater level. Submittal of such wet season and dry season
monitoring well data may be delayed until issuance of the first mining
permit renewal or within 1 year of the issuance of the initial mining permit.
Estimated depth, thickness, and extent of the confining layer (e.g.
Hawthorne group) in the general area of the project site, and maximum
depth of proposed project excavation and well drilling activities.
Evaluation of the cumulative groundwater impacts on adjacent wells,
wetlands, and vegetation from mining or excavation operations that exist or
are proposed in the vicinity of the subject mining proposal.
Hydrology model run outputs for the milling operation with assumptions,
summary, and conclusion. in addition, model run outputs shall be submitted
that predict the post -reclamation groundwater and lake levels and shall
include assumptions, summary, and conclusion.
Recommendations from the professional engineer or geologist to the site plan
project engineer on mining design, operation, and monitoring that ensure no
adverse impacts on adjacent wells, vegetation, surface waters, and wetlands.
1. Along with the hydrology report, the applicant shall submit a $10,000.00 deposit
(or such deposit amount established by Resolution of the Board of County
Commissioners as may be amended from time to time) to be used by the county
to cover the cost to hire professional services to rev'ew and comment on the
hydrology report. Once professional serves are paid, the county shall return
any funds remaining on deposit to the applicant.
*(e) Written clescription of how the site plan incorporates the design recommendations
contained in the hydrology report and applicable items from the county's list of
mining best management practices (burps).
1. A clescription, noted on the site plan and stormwater management permit
plans, stating how the proposed mining operation will satisfy state and federal
groundwater impact regulations and standards.
2. The date, noted on the site plan, a copy of the hydrology report was sent to the
SJRWM D.
*(f) Soils test data, if any, required by the Department of Health (DOH) as a result of the
county site plan pre -application conference process. The DOH may require soils
testing if it determines that site conditions appear to have pollution indicators for soil
contaminants regulated by 62-777 Florida Administrative Code.
(g) The location, depth, characteristics, and condition of all existing wells on site.
(h) The distance from the excavation area(s) to the nearest existing or proposed city or
county surficial aquifer public water supply well.
*These items may be submitted after initial review by the Technical Review Committee (TRC).
Double_Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
$trike-throtigh: Deleted Text from Existing Ordinance
F:ACommunity DevelopmentAUsers\CurDevAORDIN ANCE\2008\2008-
934 Excavation(after12-19-08).RTF
6
2008- 023
* (i) A comprehensive dust and spillage control plan that, at a minimum, addresses the
following:
treatment of stockpiles (including stockpile shape "doming"), on-site
processing areas and loading areas,
control of dust from truck operations on site and on the project haul route;
methods of treatment, such as spraying and watering systems, other dust
suppressants, devices and techniques, that prevent or minimize tracking
material off-site;
- use of mechanical dust recovery devices and techniques;
method and timing of re -vegetation in conjunction with excavation phases;
method of preventing or minimizing, and cleaning up, material spillage
along the haul route; and
applicable items from the county's list of mining operation bmps.
* (i) Noise modeling data and analysis demonstrating compliance with Chapter 974 noise
and nuisance requirements.
* (k) Evaluation of project impacts on haul route roads and haul route bridges and
culverts if Public Works Department/Traffic Engineering requires such an evaluation
as a result of the traffic impact methodology meeting.
* (I) Written and graphic information displayed on the site plan demonstrating
compliance with section 934.07 requirements.
* (m) An engineer's itemized estimate of the cost to restore the site in accordance with
Chapter 934 requirements. Such estimate shall include a calculation of 125% of the
estimated cost.
* (n) Description and photo -documentation of the type and condition of vegetation on-site
and description of the observable type and condition of vegetation on adjacent sites.
*These items may be submitted after initial review by the Technical Review Committee (TRC).
SECTION #4:
Re -number old Section 934.05 to take the place of reserved section 934.06 and read as follows:
Section 934.056. Wa-t-en:a- n ag men4 Mining standards.
(1) Procedural Sequence
Mining operations are subject to the following procedural sequence:
(a) Discussion or "pre -application" meeting with SJRWMD.
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Stake-t-hrough: Deleted Text from Existing Ordinance
F:\ Community Development\Users\CurDevAORDINANCE\2008\2008- 934 Excavation(afterl2-19-08).RTF
7
2008- 023
* (i) A comprehensive dust and spillage control plan that, at a minimum, addresses the
following:
treatment of stockpiles (including stockpile shape "doming"), on-site
processing areas and loading areas,
control of dust from truck operations on site and on the project haul route;
methods of treatment, such as spraying and watering systems, other dust
suppressants, devices and techniques, that prevent or minimize tracking
material off-site;
- use of mechanical dust recovery devices and techniques;
method and timing of re -vegetation in conjunction with excavation phases;
method of preventing or minimizing, and cleaning up, material spillage
along the haul route; and
applicable items from the county's list of mining operation bmps.
* (i) Noise modeling data and analysis demonstrating compliance with Chapter 974 noise
and nuisance requirements.
* (k) Evaluation of project impacts on haul route roads and haul route bridges and
culverts if Public Works Department/Traffic Engineering requires such an evaluation
as a result of the traffic impact methodology meeting.
* (I) Written and graphic information displayed on the site plan demonstrating
compliance with section 934.07 requirements.
* (m) An engineer's itemized estimate of the cost to restore the site in accordance with
Chapter 934 requirements. Such estimate shall include a calculation of 125% of the
estimated cost.
* (n) Description and photo -documentation of the type and condition of vegetation on-site
and description of the observable type and condition of vegetation on adjacent sites.
*These items may be submitted after initial review by the Technical Review Committee (TRC).
SECTION #4:
Re -number old Section 934.05 to take the place of reserved section 934.06 and read as follows:
Section 934.056. Wa-t-en:a- n ag men4 Mining standards.
(1) Procedural Sequence
Mining operations are subject to the following procedural sequence:
(a) Discussion or "pre -application" meeting with SJRWMD.
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Stake-t-hrough: Deleted Text from Existing Ordinance
F:\ Community Development\Users\CurDevAORDINANCE\2008\2008- 934 Excavation(afterl2-19-08).RTF
7
2008- 023
(b) Traffic impact methodology meeting with Public Works/Traffic Engineering.
(c) Site plan pre -application conference.
(d) Formal site plan submittal.
(e) Initial TRC review.
(f) Final TRC review.
(g) Planning & Zoning Commission review and approval.
I. Reviewed by Board of County Commissioners if appealed.
(h) Initial annual mining permit.
(i) "Pre-construction"/site work meeting with staff.
(j) Annual mining permit renewal.
(k) Site restoration and final inspection/close-out.
(2) Littoral Zone and Water Management
On project sites exceeding ten (10) acres in area, any excavation or mining activity in the
unincorporated county which results in the creation or expansion of a waterbody (as defined in
Chapter 901) shall be subject to the following standards, except as specifically exempted in Section
934.04 of this chapter. The requirements of this section shall not apply to small lot single-family
subdivisions, which, as designated in Section 971.41(9), are expressly intended to provide workforce
or affordable housing.
(1)01 A littoral zone(s) shall be established as part of the created waterbody. A design and
management plan must be submitted which shall:
Include a topographic map of the proposed littoral zone(s) showing the control
elevation contour and the minus two -and -one -half -foot control water elevation
contour, and include a cross-sectional view of the littoral zone(s) planting design,
showing the required slopes from the top of the bank to a depth of two and one-half
(2 1.12) feet below the control water elevation;
(b)2. Specify how vegetation is to be established, including the extent, method, type and
timing of any planting provided;
(c)3. Provide a description of any water management procedures to be followed in order
to ensure the continued viability and health of the littoral zones*
(d-)4. Include a plan view which documents the location and extent of the littoral zones,
including the percentage of the waterbody surface area (at control elevation)
covered by vegetated littoral zones.
Donnie Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike -through+ Deleted Text from Existing Ordinance
F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-
934 Excavation(afterI2-19-08).RTF
8
2008- 023
(b) Traffic impact methodology meeting with Public Works/Traffic Engineering.
(c) Site plan pre -application conference.
(d) Formal site plan submittal.
(e) Initial TRC review.
(f) Final TRC review.
(g) Planning & Zoning Commission review and approval.
I. Reviewed by Board of County Commissioners if appealed.
(h) Initial annual mining permit.
(i) "Pre-construction"/site work meeting with staff.
(j) Annual mining permit renewal.
(k) Site restoration and final inspection/close-out.
(2) Littoral Zone and Water Management
On project sites exceeding ten (10) acres in area, any excavation or mining activity in the
unincorporated county which results in the creation or expansion of a waterbody (as defined in
Chapter 901) shall be subject to the following standards, except as specifically exempted in Section
934.04 of this chapter. The requirements of this section shall not apply to small lot single-family
subdivisions, which, as designated in Section 971.41(9), are expressly intended to provide workforce
or affordable housing.
(1)01 A littoral zone(s) shall be established as part of the created waterbody. A design and
management plan must be submitted which shall:
Include a topographic map of the proposed littoral zone(s) showing the control
elevation contour and the minus two -and -one -half -foot control water elevation
contour, and include a cross-sectional view of the littoral zone(s) planting design,
showing the required slopes from the top of the bank to a depth of two and one-half
(2 1.12) feet below the control water elevation;
(b)2. Specify how vegetation is to be established, including the extent, method, type and
timing of any planting provided;
(c)3. Provide a description of any water management procedures to be followed in order
to ensure the continued viability and health of the littoral zones*
(d-)4. Include a plan view which documents the location and extent of the littoral zones,
including the percentage of the waterbody surface area (at control elevation)
covered by vegetated littoral zones.
Donnie Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike -through+ Deleted Text from Existing Ordinance
F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-
934 Excavation(afterI2-19-08).RTF
8
2008- 023
(2)(b) The established littoral zone(s) shall consist of native vegetation, and shall be maintained
permanently as part of the waterbody. All landscaping, littoral zone revegetation plans and
lake management plans shall comply with St. John River Water Management District
rules.
(3)L.) Littoral zone design requirements:
(a)1. The slope for the planted littoral zone shall be no steeper than one (1) foot vertical
to ten (1.0) feet horizontal to a distance of five (5) feet waterward of the designated
planted littoral zone area. Excluding the planted littoral zones, slopes shall not
exceed one (1) foot vertical to foul (4) feet horizontal. Certified drawings of the
littoral zone slopes must be sent to the planning division within thirty (30) days of
slope construction.
(b)2. Littoral zones must be shall comprise at least thirty (30) percent of the waterbody
surface area, or twenty-one (21) square feet per lineal foot of shoreline, whichever
is less Littoral zones must be located between one (1.) foot above ordinary water
level (OWL) and two (2) feet below OWL, as determined by the applicant's
engineer 01 designee unless otherwise approved by the community development
director or his designee.
(c)3.
The littoral zone must shall be provided with a minimum of six (6) inches of sand
topsoil mixs unless otherwise approved, and planted with at least five (5) species at
an average spacing of two (2) feet on center. Inter -plant spacing will vary with
species, and must be depicted on the littoral zone vegetation plan.
(d)4. A minimum of one tree shall be provided for every five hundred (500) square feet
of littoral zone coverage. The proposed trees must be a minimum of five (5) feet in
height at time of planting (measured at planting depth) and consist of native,
freshwater wetland varieties (e.g. red bay, red maple, bald cypress, loblolly bay).
(e-)5. Appropriate species for littoral zone plantings, including trees, are listed in Chapter
926, Appendix E.
(1)fsil Conformance:
(a-)1. The planted littoral zone must shall meet eighty (80) percent coverage within six
(6) months, and be less than five (5) percent exotic or invasive non-native plant
species after the first year. Monitoring reports are required, and must be submitted
to staff at time zero (0), ninety (90) days, six (6) months, and one (1) year after
planting. The applicant must notify the planning division forty-eight (48) hours
prior to completion of littoral zone planting.
(b)2. For subdivision or affidavit of exemption projects, blittoral planting zones a►-e-te
shall be preserved and maintained as a common improvement, and shall be
identified graphically and in writing en in a restrictive covenant in a form
acceptable to the county attorney's office. The plat; or affidavit of exemption
document shall if applicable, must reference the restrictive covenant. The exact
DQtdale Jnderline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Stri-lie-through: Deleted Text from Existing Ordinance
F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-
934 Excavation(after12-19-08).RTF
9
2008- 023
(2)(b) The established littoral zone(s) shall consist of native vegetation, and shall be maintained
permanently as part of the waterbody. All landscaping, littoral zone revegetation plans and
lake management plans shall comply with St. John River Water Management District
rules.
(3)L.) Littoral zone design requirements:
(a)1. The slope for the planted littoral zone shall be no steeper than one (1) foot vertical
to ten (1.0) feet horizontal to a distance of five (5) feet waterward of the designated
planted littoral zone area. Excluding the planted littoral zones, slopes shall not
exceed one (1) foot vertical to foul (4) feet horizontal. Certified drawings of the
littoral zone slopes must be sent to the planning division within thirty (30) days of
slope construction.
(b)2. Littoral zones must be shall comprise at least thirty (30) percent of the waterbody
surface area, or twenty-one (21) square feet per lineal foot of shoreline, whichever
is less Littoral zones must be located between one (1.) foot above ordinary water
level (OWL) and two (2) feet below OWL, as determined by the applicant's
engineer 01 designee unless otherwise approved by the community development
director or his designee.
(c)3.
The littoral zone must shall be provided with a minimum of six (6) inches of sand
topsoil mixs unless otherwise approved, and planted with at least five (5) species at
an average spacing of two (2) feet on center. Inter -plant spacing will vary with
species, and must be depicted on the littoral zone vegetation plan.
(d)4. A minimum of one tree shall be provided for every five hundred (500) square feet
of littoral zone coverage. The proposed trees must be a minimum of five (5) feet in
height at time of planting (measured at planting depth) and consist of native,
freshwater wetland varieties (e.g. red bay, red maple, bald cypress, loblolly bay).
(e-)5. Appropriate species for littoral zone plantings, including trees, are listed in Chapter
926, Appendix E.
(1)fsil Conformance:
(a-)1. The planted littoral zone must shall meet eighty (80) percent coverage within six
(6) months, and be less than five (5) percent exotic or invasive non-native plant
species after the first year. Monitoring reports are required, and must be submitted
to staff at time zero (0), ninety (90) days, six (6) months, and one (1) year after
planting. The applicant must notify the planning division forty-eight (48) hours
prior to completion of littoral zone planting.
(b)2. For subdivision or affidavit of exemption projects, blittoral planting zones a►-e-te
shall be preserved and maintained as a common improvement, and shall be
identified graphically and in writing en in a restrictive covenant in a form
acceptable to the county attorney's office. The plat; or affidavit of exemption
document shall if applicable, must reference the restrictive covenant. The exact
DQtdale Jnderline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Stri-lie-through: Deleted Text from Existing Ordinance
F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-
934 Excavation(after12-19-08).RTF
9
(5)
(7)ff
Esti
2008- 023
The
restrictive covenant and plat, if applicable, must shall be reviewed by the planning
division and county attorney's office prior to recording. A copy of the recorded
restrictive covenant must be provided to staff prior to approval of the land
development permit.
(c)3. Planting of the littoral zones must shall be completed prior to issuance of a
certificate of completion or the first certification of occupancy for any lot adjacent
to or abutting the lake, whichever occurs first.
((d)4. All excavations must comply with "Best Management Practices for the
Construction Industry."
(e)5. Planted littoral zones must be maintained in perpetuity in compliance with these
planting requirements; and with "Best Management Practices."
6. For mining projects that propose agricultural use as part of the site
restoration plan, installation of littoral zone plants, with the exception of
shoreline trees as required in section 934.06(2)(c)4, shall not be required until
the site is converted to a non-agricultural use. All other Littoral Zone and
Water Management standards, including provision of littoral zone slopes, and
installation of shoreline trees, shall be satisfied and completed at the time of
mining site restoration.
There will be no significant adverse off site impact on groundwater quality or groundwater
levels. In the event of dewatering associated with excavations (including mining), the
applicant shall present evidence that no salt water intrusion and/or reduction in quality or
quantity of well water available to properties within one fourth (1/1) mile of the permitted
activity will occur.
The water management system, including swales and interconnected wetlands and lakes,
must be specifically designed to inhibit siltation and eutrophication processes. To ensure
this, the applicant must submit an environmental management and lake monitoring plan,
specifying the method for monitoring the system and corrective actions should
eutrophication and/oi siltation occur.
A fifteen -foot -wide access maintenance easement shall be provided for every one thousand
(1,000) feet of shoreline. This easement shall extend from below control elevation of the
lake to a public or private road right-of-way..-, and shall be labeled and depicted on the
site plan and stormwater management permit plans.
The littoral zone will be considered as fully creditable towards the 2:1 mitigation ratio for
freshwater emergent wetlands; (0 ef. Chapter 928, Wetland and Deepwater Habitat
Protection).
(h) Off-site discharge shall meet all applicable state and federal water quality standards,
including standards for turbidity and other regulated constituents and parameters.
The method for testing, collecting, and reporting baseline and monitoring data to the
SJRWMD shall be noted, and testing/monitoring locations shall be depicted on the
site plan and stormwater management permit plans.
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
; dee-through: Deleted Text from Existing Ordinance
F:AComnimity Development\Users\CurDcvAORDINANCE\2008\2008- 934 Excavation(afterl2-19-08).RTF
10
(5)
(7)ff
Esti
2008- 023
The
restrictive covenant and plat, if applicable, must shall be reviewed by the planning
division and county attorney's office prior to recording. A copy of the recorded
restrictive covenant must be provided to staff prior to approval of the land
development permit.
(c)3. Planting of the littoral zones must shall be completed prior to issuance of a
certificate of completion or the first certification of occupancy for any lot adjacent
to or abutting the lake, whichever occurs first.
((d)4. All excavations must comply with "Best Management Practices for the
Construction Industry."
(e)5. Planted littoral zones must be maintained in perpetuity in compliance with these
planting requirements; and with "Best Management Practices."
6. For mining projects that propose agricultural use as part of the site
restoration plan, installation of littoral zone plants, with the exception of
shoreline trees as required in section 934.06(2)(c)4, shall not be required until
the site is converted to a non-agricultural use. All other Littoral Zone and
Water Management standards, including provision of littoral zone slopes, and
installation of shoreline trees, shall be satisfied and completed at the time of
mining site restoration.
There will be no significant adverse off site impact on groundwater quality or groundwater
levels. In the event of dewatering associated with excavations (including mining), the
applicant shall present evidence that no salt water intrusion and/or reduction in quality or
quantity of well water available to properties within one fourth (1/1) mile of the permitted
activity will occur.
The water management system, including swales and interconnected wetlands and lakes,
must be specifically designed to inhibit siltation and eutrophication processes. To ensure
this, the applicant must submit an environmental management and lake monitoring plan,
specifying the method for monitoring the system and corrective actions should
eutrophication and/oi siltation occur.
A fifteen -foot -wide access maintenance easement shall be provided for every one thousand
(1,000) feet of shoreline. This easement shall extend from below control elevation of the
lake to a public or private road right-of-way..-, and shall be labeled and depicted on the
site plan and stormwater management permit plans.
The littoral zone will be considered as fully creditable towards the 2:1 mitigation ratio for
freshwater emergent wetlands; (0 ef. Chapter 928, Wetland and Deepwater Habitat
Protection).
(h) Off-site discharge shall meet all applicable state and federal water quality standards,
including standards for turbidity and other regulated constituents and parameters.
The method for testing, collecting, and reporting baseline and monitoring data to the
SJRWMD shall be noted, and testing/monitoring locations shall be depicted on the
site plan and stormwater management permit plans.
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
; dee-through: Deleted Text from Existing Ordinance
F:AComnimity Development\Users\CurDcvAORDINANCE\2008\2008- 934 Excavation(afterl2-19-08).RTF
10
2008- 023
(3) Groundwater and Environmental Protection
(a) All applicable state and federal groundwater and groundwater impact regulations
shall be satisfied.
(b) Excavation activity shall occur only above the confining layer.
(c) All existing or proposed on-site wells that penetrate the confining layer shall either be
grouted and plugged to accordance with SJRWMD standards or brought up to
current SJRWMD standards for such wells. Such wells shall be properly plugged or
upgraded and properly monumented and flagged prior to issuance of the initial
mining permit.
(d) The following setbacks shall be maintained from excavation areas below the wet
season groundwater level (excludes temporary re -charge ditches and similar
temporary excavations used for water re -charge):
1. 30 feet to any plugged or unplugged well that penetrates the confining layer,
2. 100 feet to preserved on-site jut isdictional wetlands or native uplands,
3. 300 feet to known off-site jurisdictional wetlands, native uplands, and
improved pasture lands,
4. 1,000 feet to the nearest existing or proposed city or county public water
supply well that uses the surficial aquifer (the aquifer that lies above the
confining layer) as a source of potable water.
(e) The mining operation shall not adversely affect the hydro -period of preserved
jurisdictional wetlands on site or known off-site jurisdictional wetlands. The project
site plan, stormwater management plans, and pollution prevention plans shall
demonstrate how the hydro -period of on-site and known off-site jurisdictional
wetlands will be maintained to the satisfaction of SJRWMD.
(f) Extraction and on-site processing techniques that involve blasting or use of active
chemical agents are prohibited. This prohibition is based on a finding that such
techniques are not necessary to extract or process recoverable materials known to
exist within Indian River County, and is intended to avoid potential adverse
groundwater impacts as well as noise and vibration nuisances.
(g) Any contaminated soils identified on site shall be handled in accordance with
applicable state and federal standards, as directed by the Department of Health
(DOH).
(h) Project site plans and permit plans shall incorporate all appropriate
recommendations and best management practices (bmps) contained or identified
within the project hydrology report. The county is authorized to engage professional
services to review project hydrology reports and charge applicants the cost of such
services.
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Str+ke_ gh: Deleted Text from Existing Ordinance
F:ACommunity Development \ Users \CurDevAORDINANCE \2008\2008- 934 Excavation(atier l2-19-08).RTF
11
2008- 023
(3) Groundwater and Environmental Protection
(a) All applicable state and federal groundwater and groundwater impact regulations
shall be satisfied.
(b) Excavation activity shall occur only above the confining layer.
(c) All existing or proposed on-site wells that penetrate the confining layer shall either be
grouted and plugged to accordance with SJRWMD standards or brought up to
current SJRWMD standards for such wells. Such wells shall be properly plugged or
upgraded and properly monumented and flagged prior to issuance of the initial
mining permit.
(d) The following setbacks shall be maintained from excavation areas below the wet
season groundwater level (excludes temporary re -charge ditches and similar
temporary excavations used for water re -charge):
1. 30 feet to any plugged or unplugged well that penetrates the confining layer,
2. 100 feet to preserved on-site jut isdictional wetlands or native uplands,
3. 300 feet to known off-site jurisdictional wetlands, native uplands, and
improved pasture lands,
4. 1,000 feet to the nearest existing or proposed city or county public water
supply well that uses the surficial aquifer (the aquifer that lies above the
confining layer) as a source of potable water.
(e) The mining operation shall not adversely affect the hydro -period of preserved
jurisdictional wetlands on site or known off-site jurisdictional wetlands. The project
site plan, stormwater management plans, and pollution prevention plans shall
demonstrate how the hydro -period of on-site and known off-site jurisdictional
wetlands will be maintained to the satisfaction of SJRWMD.
(f) Extraction and on-site processing techniques that involve blasting or use of active
chemical agents are prohibited. This prohibition is based on a finding that such
techniques are not necessary to extract or process recoverable materials known to
exist within Indian River County, and is intended to avoid potential adverse
groundwater impacts as well as noise and vibration nuisances.
(g) Any contaminated soils identified on site shall be handled in accordance with
applicable state and federal standards, as directed by the Department of Health
(DOH).
(h) Project site plans and permit plans shall incorporate all appropriate
recommendations and best management practices (bmps) contained or identified
within the project hydrology report. The county is authorized to engage professional
services to review project hydrology reports and charge applicants the cost of such
services.
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Str+ke_ gh: Deleted Text from Existing Ordinance
F:ACommunity Development \ Users \CurDevAORDINANCE \2008\2008- 934 Excavation(atier l2-19-08).RTF
11
2008- 023
1. Upon receipt of a project hydrology report, the county has 60 days to provide
the applicant comments on the hydrology report. Prior to scheduling the
project for consideration by the Planning & Zoning Commission, the applicant
shall respond to each comment in writing.
(4) Traffic and Nuisance Mitigation
(a) The noise and nuisance requirements of Chapter 974 shall be satisfied. Normal
operation of vehicles shall be deemed to meet Chapter 974 requirements.
1. Pumps, crushers, and processing equipment (including portable equipment
but not including vehicles) used on site shall be placed behind berms, located
below surrounding ground level, or equipped with mufflers (e.g. "turbo -style'
mufflers) or similar devices that significantly reduce the level of emitted noise.
(b) Dust/particulates and material spillage shall be controlled in accordance with the
approved project comprehensive dust and spillage control plan.
(c) Material stockpiles shall not exceed a height of 25 feet above the grade of the adjacent
project site perimeter.
(d) For purposes of these mining regulations, "haul route" shall mean the roadway
segment(s) traveled by haul truck traffic from the mining site to the nearest paved
major road intersection(s). The project haul route(s) shall be determined by the
Public Works director or his designee as a result of the traffic impact methodology
meeting with Public Works/Traffic Engineering.
(e) Unpaved haul routes shall be improved and maintained to the following standards:
1. Minimum gradable base of twelve (12) inches of suitable road base material
(material that can meet the compaction standard below) shall be provided for
the duration of the mining project. The mining operator(s) shall add gradable
base material as directed by the Public Works Director or his designee to meet
this gradable base material standard.
2. Base material shall be suitably compacted to meet LBR (load bearing ratio) 40
standards.
3. The minimum gradable haul route width shall be 24 feet.
4. Where unpaved haul routes or haul route segments are allowed and the
anticipated project haul truck traffic from the proposed mine and approved
mines sharing the same haul route segment(s) exceed an average of 500 truck
trip ends per day las defined in section (4)0) below', the unpaved haul route
segment(s) shall be improved and maintained to the following standards:
a. Minimum sub -base of twelve (12) inches and twelve (12) inches of
suitable road base material (material such as coquina or structural
equivalent approved by the Public Works Director or his designee that
can meet the compaction standard below) shall be provided for the
duration of the mining project.
b. Road material shall be suitably compacted to meet LBR (load bearing
ratio) 1.00 standards.
c. The minimum gradable haul route width shall be 24 feet.
Double_Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Ste-ke-through+ Deleted Text from Existing Ordinance
F:AComnumity Development \Users\CurDevAORDINANCE\2008\2008-
934 Excavation(afterl2-I9-08).RTF
12
2008- 023
1. Upon receipt of a project hydrology report, the county has 60 days to provide
the applicant comments on the hydrology report. Prior to scheduling the
project for consideration by the Planning & Zoning Commission, the applicant
shall respond to each comment in writing.
(4) Traffic and Nuisance Mitigation
(a) The noise and nuisance requirements of Chapter 974 shall be satisfied. Normal
operation of vehicles shall be deemed to meet Chapter 974 requirements.
1. Pumps, crushers, and processing equipment (including portable equipment
but not including vehicles) used on site shall be placed behind berms, located
below surrounding ground level, or equipped with mufflers (e.g. "turbo -style'
mufflers) or similar devices that significantly reduce the level of emitted noise.
(b) Dust/particulates and material spillage shall be controlled in accordance with the
approved project comprehensive dust and spillage control plan.
(c) Material stockpiles shall not exceed a height of 25 feet above the grade of the adjacent
project site perimeter.
(d) For purposes of these mining regulations, "haul route" shall mean the roadway
segment(s) traveled by haul truck traffic from the mining site to the nearest paved
major road intersection(s). The project haul route(s) shall be determined by the
Public Works director or his designee as a result of the traffic impact methodology
meeting with Public Works/Traffic Engineering.
(e) Unpaved haul routes shall be improved and maintained to the following standards:
1. Minimum gradable base of twelve (12) inches of suitable road base material
(material that can meet the compaction standard below) shall be provided for
the duration of the mining project. The mining operator(s) shall add gradable
base material as directed by the Public Works Director or his designee to meet
this gradable base material standard.
2. Base material shall be suitably compacted to meet LBR (load bearing ratio) 40
standards.
3. The minimum gradable haul route width shall be 24 feet.
4. Where unpaved haul routes or haul route segments are allowed and the
anticipated project haul truck traffic from the proposed mine and approved
mines sharing the same haul route segment(s) exceed an average of 500 truck
trip ends per day las defined in section (4)0) below', the unpaved haul route
segment(s) shall be improved and maintained to the following standards:
a. Minimum sub -base of twelve (12) inches and twelve (12) inches of
suitable road base material (material such as coquina or structural
equivalent approved by the Public Works Director or his designee that
can meet the compaction standard below) shall be provided for the
duration of the mining project.
b. Road material shall be suitably compacted to meet LBR (load bearing
ratio) 1.00 standards.
c. The minimum gradable haul route width shall be 24 feet.
Double_Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Ste-ke-through+ Deleted Text from Existing Ordinance
F:AComnumity Development \Users\CurDevAORDINANCE\2008\2008-
934 Excavation(afterl2-I9-08).RTF
12
2008-023
(f) Haul routes or haul route segments shall be paved if the anticipated project haul
truck traffic from the proposed mine and approved mines sharing the same haul
route segment(s) exceed an average of 750 truck trip ends per day. (Truck trip ends
are one -directional. For example, one truck entering the mine = 1 trip end; the same
truck leaving the mine = a 2°d trip end.) Applicants may enter into a developers
agreement to equitably share or recoup paving costs.
1. Paved haul routes shall meet the following specifications:
a. Minimum pavement width shall be 24 feet.
b. Pavement thickness base and sub -base depths shall meet county
thoroughfare and truck route specifications, including ESAL (equivalent
single axle loads) and pavement strength co-efficients.
(g) The county's adopted level of service (LOS) for the project haul route and
intersections significantly impacted by project truck traffic shall be evaluated using
passenger car equivalents (PCE's) for anticipated haul truck traffic based on
Institute of Transportation Engineer's GTE) standards for PCEs. (For example,.a
PCE of 2.3 passenger cars per haul truck would be used to evaluate the LOS for the
project haul route and intersections impacted by the project.) Such evaluation shall
use average daily haul truck traffic plus a 15% (fifteen percent) peaking factor.
Where a haul route segment(s) is shared by more than one mining operation, haul
truck traffic from all the mining operations shall be used in the LOS evaluation.
(h) To provide gaps in haul truck traffic on haul routes and prevent significant haul
truck back-ups at haul route/major road intersections, the following truck frequency
standards shall be satisfied:
1. A mining operator shall limit the frequency of haul truck trips to and from his
mining operation on two-lane roads to no more than 120 trip ends per hour,
with trips ends as defined in Section 4(f) above. This frequency standard may
be exceeded for delivery of materials to special or large projects if the operator
first obtains approval from the Public Works Director of a maintenance of
traffic plan. Such plan shall include a coordinated hauling schedule if a
shared haul route is used and method of maintaining acceptable traffic flow to
provide "gaps" for non -project traffic along the haul route. Said plan may
also require additional improvements to or security for maintaining the haul
route, and may require coordination with other mining operators.
2. Along a two-lane haul route segment, cumulative haul truck trips shall not
exceed 240 trip ends per hour, with trip ends as defined in Section 4(f) above.
3. To aid the county in monitoring haul truck trip frequency, applicants shall
provide haul truck log information to the Public Works Director or his
designee, upon request.
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike through: Deleted "Text from Existing Ordinance
1=:ACommunity Development \Users\CurDevAORDINANCE\2008\2008-
934 Excavation(aflerl2-19-08).RTf
13
2008-023
(f) Haul routes or haul route segments shall be paved if the anticipated project haul
truck traffic from the proposed mine and approved mines sharing the same haul
route segment(s) exceed an average of 750 truck trip ends per day. (Truck trip ends
are one -directional. For example, one truck entering the mine = 1 trip end; the same
truck leaving the mine = a 2°d trip end.) Applicants may enter into a developers
agreement to equitably share or recoup paving costs.
1. Paved haul routes shall meet the following specifications:
a. Minimum pavement width shall be 24 feet.
b. Pavement thickness base and sub -base depths shall meet county
thoroughfare and truck route specifications, including ESAL (equivalent
single axle loads) and pavement strength co-efficients.
(g) The county's adopted level of service (LOS) for the project haul route and
intersections significantly impacted by project truck traffic shall be evaluated using
passenger car equivalents (PCE's) for anticipated haul truck traffic based on
Institute of Transportation Engineer's GTE) standards for PCEs. (For example,.a
PCE of 2.3 passenger cars per haul truck would be used to evaluate the LOS for the
project haul route and intersections impacted by the project.) Such evaluation shall
use average daily haul truck traffic plus a 15% (fifteen percent) peaking factor.
Where a haul route segment(s) is shared by more than one mining operation, haul
truck traffic from all the mining operations shall be used in the LOS evaluation.
(h) To provide gaps in haul truck traffic on haul routes and prevent significant haul
truck back-ups at haul route/major road intersections, the following truck frequency
standards shall be satisfied:
1. A mining operator shall limit the frequency of haul truck trips to and from his
mining operation on two-lane roads to no more than 120 trip ends per hour,
with trips ends as defined in Section 4(f) above. This frequency standard may
be exceeded for delivery of materials to special or large projects if the operator
first obtains approval from the Public Works Director of a maintenance of
traffic plan. Such plan shall include a coordinated hauling schedule if a
shared haul route is used and method of maintaining acceptable traffic flow to
provide "gaps" for non -project traffic along the haul route. Said plan may
also require additional improvements to or security for maintaining the haul
route, and may require coordination with other mining operators.
2. Along a two-lane haul route segment, cumulative haul truck trips shall not
exceed 240 trip ends per hour, with trip ends as defined in Section 4(f) above.
3. To aid the county in monitoring haul truck trip frequency, applicants shall
provide haul truck log information to the Public Works Director or his
designee, upon request.
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike through: Deleted "Text from Existing Ordinance
1=:ACommunity Development \Users\CurDevAORDINANCE\2008\2008-
934 Excavation(aflerl2-19-08).RTf
13
2008- 023
(i) Where one or more haul route segments are shared by more than one mining
operation, the operators of the affected mines shall obtain Public Works approval of
a haul route improvement and maintenance plan that addresses shared
responsibilities and use of posted security in the event that one or more parties fail to
perform its fairshare maintenance.
SECTION #5
Mining permit regulations section 934.07 is hereby amended to read as follows:
Section 934.07 Mining permit and other regulations
(1) Applicability. A An initial county mining permit shall be required for prior to
commencement of land -clearing, excavation, or hauling associated with any mining activity (as
defined in Chapter 901) in the unincorporated county, except as exempted in section 934.04 of this
chaptei. In addition, a mining permit must be renewed annually to keep the mining operation active
and in compliance with these mining regulations. Any request for a mining permit shall be considered
an application for site plan approval, and the procedure set forth in the county land development code for
such applications shall be followed. The provisions of this section shall be considered as conditions apply
to the mining site plan and administrative permit special exception use request or special exception use
(2) Application procedures. Mining permit applications and requests for annual mining
permit approval shall be made submitted to the community development department, in accordance
with site plan su
of the mining permit are met as specified herein. Specified submittal requirements shall include: and
shall be accompanied by an approved site plan unless an approved site plan is already on file with
the department. The project site plan shall meet all applicable site plan, Chapter 934, and Chapter
971 requirements, including the following special requirements:
(a) A mining project site plan, including:
1. Plan view and cross-sections of mining area;
2. Amount of fill to be removed;
3. Timetable of mining activity;
4. Method of mining;
5. Hours of operation; and
6. Safety/security plan for the site.
(b) A restoration plan, including:
1. A description of the eventual future use of the site;
pubic Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CurDevAORDINANCE\2008\2008- 934 Excavation(afterl2-19-08).RTf
14
2008- 023
(i) Where one or more haul route segments are shared by more than one mining
operation, the operators of the affected mines shall obtain Public Works approval of
a haul route improvement and maintenance plan that addresses shared
responsibilities and use of posted security in the event that one or more parties fail to
perform its fairshare maintenance.
SECTION #5
Mining permit regulations section 934.07 is hereby amended to read as follows:
Section 934.07 Mining permit and other regulations
(1) Applicability. A An initial county mining permit shall be required for prior to
commencement of land -clearing, excavation, or hauling associated with any mining activity (as
defined in Chapter 901) in the unincorporated county, except as exempted in section 934.04 of this
chaptei. In addition, a mining permit must be renewed annually to keep the mining operation active
and in compliance with these mining regulations. Any request for a mining permit shall be considered
an application for site plan approval, and the procedure set forth in the county land development code for
such applications shall be followed. The provisions of this section shall be considered as conditions apply
to the mining site plan and administrative permit special exception use request or special exception use
(2) Application procedures. Mining permit applications and requests for annual mining
permit approval shall be made submitted to the community development department, in accordance
with site plan su
of the mining permit are met as specified herein. Specified submittal requirements shall include: and
shall be accompanied by an approved site plan unless an approved site plan is already on file with
the department. The project site plan shall meet all applicable site plan, Chapter 934, and Chapter
971 requirements, including the following special requirements:
(a) A mining project site plan, including:
1. Plan view and cross-sections of mining area;
2. Amount of fill to be removed;
3. Timetable of mining activity;
4. Method of mining;
5. Hours of operation; and
6. Safety/security plan for the site.
(b) A restoration plan, including:
1. A description of the eventual future use of the site;
pubic Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CurDevAORDINANCE\2008\2008- 934 Excavation(afterl2-19-08).RTf
14
2008- 023
2. Final grades of the sites
3. Littoral zone grading and planting plan in accordance with the littoral zone
requirements of these mining regulations; and
4. Groundcover treatment for the entire site, including permanent erosion
control and stormwater management measures.
(3) Conditions of the mining permit.
(a) The Generally, the maximum project -site development phase for mining excavation pit
activities shall not exceed twenty (20) acres per phase. During transition from one phase
to the next, two phases may be active concurrently if security is posted for both
phases in accordance with these mining regulations. No portion of a pit (lake) shall
be required to be fully restored in accordance with the project's restoration plan until
excavation of the entire pit (lake) has ceased.
(b) No mining excavation shall occur within one hundred fifty (150) feet of a projected right-
of-way line of any existing or proposed public road, nor within one hundred fifty (150) feet
of the outer perimeter of the project property. Where a mining operation consists only of
the removal of a mound and does not consist of lowering the elevation of ground below the
neighboring property, an exception of the one hundred fifty (1.50) feet setback may be
permitted at the time of site plan approval. In addition, the applicant shall satisfy the
following:
1. A three -hundred -foot setback from adjacent occupied structures (structures existing
as of the date of site plan application for the mining project) to mining pits, on-site
haul roads, and material stockpile areas.
(c) All mining sites that exceed ten (10) acres in area shall be subject to the provisions of
section 934.05, water management standards, of this chapter. Projects creating waterbodies
must also provide a safety/security plan fol the mining operation phase, including, but not
limited to, fences and/or berms, access, control, and other security methods.
(d) If the project site is of a size that falls below St. Johns River Water Management District
permitting thresholds and is located (in whole or part) on the Atlantic coastal sand ridge,
no excavation governed by a mining permit shall result in an average elevation of less than
twenty-five (25) feet mean sea level (MSL) for that portion of the project site located on
the sand ridge. Mining project sites that are large enough to fall within Saint Johns River
Water Management District (SJRWMD) permitting requirements shall conform to
SJRWMD permitting requirements concerning depth of mining and all other applicable
SJRWMD permitting requirements.
(e) If the project site is adjacent to a residential district or to an agriculturally -zoned parcel of
ten (10) acres or Tess, the perimeter of the site adjacent to such an area shall include a fifty -
foot wide bufferyard and a type "A" buffer or its equivalent along said site boundary.
(f) No crusher, mixing plant, bin, tank, or structure directly involved in the production process
shall be located less than: six hundred (600) feet
Double Underline Text: No i Workshop Chai ges
Bold Underline: Addition to Ordinance
St -Eke -through: Deleted Text from Existing Ordinance
F:AConinnnity Devclopmei t\Users\CurDcvAORDINANCE\2008\2008- 934 Excavation(a[ter l2-19-08).RTF
15
2008- 023
2. Final grades of the sites
3. Littoral zone grading and planting plan in accordance with the littoral zone
requirements of these mining regulations; and
4. Groundcover treatment for the entire site, including permanent erosion
control and stormwater management measures.
(3) Conditions of the mining permit.
(a) The Generally, the maximum project -site development phase for mining excavation pit
activities shall not exceed twenty (20) acres per phase. During transition from one phase
to the next, two phases may be active concurrently if security is posted for both
phases in accordance with these mining regulations. No portion of a pit (lake) shall
be required to be fully restored in accordance with the project's restoration plan until
excavation of the entire pit (lake) has ceased.
(b) No mining excavation shall occur within one hundred fifty (150) feet of a projected right-
of-way line of any existing or proposed public road, nor within one hundred fifty (150) feet
of the outer perimeter of the project property. Where a mining operation consists only of
the removal of a mound and does not consist of lowering the elevation of ground below the
neighboring property, an exception of the one hundred fifty (1.50) feet setback may be
permitted at the time of site plan approval. In addition, the applicant shall satisfy the
following:
1. A three -hundred -foot setback from adjacent occupied structures (structures existing
as of the date of site plan application for the mining project) to mining pits, on-site
haul roads, and material stockpile areas.
(c) All mining sites that exceed ten (10) acres in area shall be subject to the provisions of
section 934.05, water management standards, of this chapter. Projects creating waterbodies
must also provide a safety/security plan fol the mining operation phase, including, but not
limited to, fences and/or berms, access, control, and other security methods.
(d) If the project site is of a size that falls below St. Johns River Water Management District
permitting thresholds and is located (in whole or part) on the Atlantic coastal sand ridge,
no excavation governed by a mining permit shall result in an average elevation of less than
twenty-five (25) feet mean sea level (MSL) for that portion of the project site located on
the sand ridge. Mining project sites that are large enough to fall within Saint Johns River
Water Management District (SJRWMD) permitting requirements shall conform to
SJRWMD permitting requirements concerning depth of mining and all other applicable
SJRWMD permitting requirements.
(e) If the project site is adjacent to a residential district or to an agriculturally -zoned parcel of
ten (10) acres or Tess, the perimeter of the site adjacent to such an area shall include a fifty -
foot wide bufferyard and a type "A" buffer or its equivalent along said site boundary.
(f) No crusher, mixing plant, bin, tank, or structure directly involved in the production process
shall be located less than: six hundred (600) feet
Double Underline Text: No i Workshop Chai ges
Bold Underline: Addition to Ordinance
St -Eke -through: Deleted Text from Existing Ordinance
F:AConinnnity Devclopmei t\Users\CurDcvAORDINANCE\2008\2008- 934 Excavation(a[ter l2-19-08).RTF
15
(g)
2008- 023
1. 600 feet to any adjacent property zoned residential, or
2. 600 feet or 25% of the project site width, whichever is less, to any adjacent
property not zoned residential. In no case shall the setback to property not
zoned residential be Tess than 250 feet. from any adjacent residentially zoned
property,_ and two hundred fifty (250) feet from all other adjacent nonresidentially
zoned property.
Hard rock mining activities shai-l—en-st-we—tha.
explosives or active chemical agents shall be used to extract or process materials on
site.
(h) The Indian River County Planning and Zoning Commission shall, upon approval of the
(1)
signature, and such permit shall be issued within ten (10) days after the determination of
compliance by the commission. The community development department shall issue a
mining permit upon site plan and administrative permit approval, and a
determination that all site plan release and applicable Chapter 934 requirements are
satisfied for permit issuance.
Provisions for continuing operation. Nothing herein shall be construed as a requirement
that an operator of an existing sand mine shall cease operations until a mining site plan has
been approved, provided a mining site plan has been previously approved and maintained.
(j) Specific mining activity timeframes, from the date of initial mining permit issuance, are
established based upon the estimated quantity of material to be removed. Excavation,
hauling, or other mining activities occurring beyond these timeframes, (along with any
approved extension requests) are prohibited:
(k)
Less than 10,000 cubic yards
1 year
10,000--99,999 cubic yards
2 years
100,000--500,000 cubic yards
5 years
Over 500,000 cubic yards
10 years
a -l.. These timeframes may be extended by the board of' county commissioners upon an
applicant's request made prior to the normal timeframe expiration. The board may
grant an extension if it determines that the mining operation has been inactive for a
period of time due to market conditions such as an economic recession. The board
shall not extend the initial timeframe by a period of time greater than the
determined period of inactivity.
The mining site shall be restored in accordance with the approved restoration plan. Within
five (5) months of the end of the approved timeframe (including any extension), the
operator shall submit to the county a written notice stating that the mine is inactive
and has been restored. Such notice shall be accompanied by two (2) signed and
sealed as -built surveys of the site demonstrating substantial conformance with the
approved project restoration plan. restoration completed, and
16
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Stri-ke—t-tHreugh+ Deleted "text from Existing Ordinance
F:\Community Development\Users\CurDcvAORDINANCE\2008\2008-
Such
934 Excavation(aftcrl2-19-08).12TF
shall be
(g)
2008- 023
1. 600 feet to any adjacent property zoned residential, or
2. 600 feet or 25% of the project site width, whichever is less, to any adjacent
property not zoned residential. In no case shall the setback to property not
zoned residential be Tess than 250 feet. from any adjacent residentially zoned
property,_ and two hundred fifty (250) feet from all other adjacent nonresidentially
zoned property.
Hard rock mining activities shai-l—en-st-we—tha.
explosives or active chemical agents shall be used to extract or process materials on
site.
(h) The Indian River County Planning and Zoning Commission shall, upon approval of the
(1)
signature, and such permit shall be issued within ten (10) days after the determination of
compliance by the commission. The community development department shall issue a
mining permit upon site plan and administrative permit approval, and a
determination that all site plan release and applicable Chapter 934 requirements are
satisfied for permit issuance.
Provisions for continuing operation. Nothing herein shall be construed as a requirement
that an operator of an existing sand mine shall cease operations until a mining site plan has
been approved, provided a mining site plan has been previously approved and maintained.
(j) Specific mining activity timeframes, from the date of initial mining permit issuance, are
established based upon the estimated quantity of material to be removed. Excavation,
hauling, or other mining activities occurring beyond these timeframes, (along with any
approved extension requests) are prohibited:
(k)
Less than 10,000 cubic yards
1 year
10,000--99,999 cubic yards
2 years
100,000--500,000 cubic yards
5 years
Over 500,000 cubic yards
10 years
a -l.. These timeframes may be extended by the board of' county commissioners upon an
applicant's request made prior to the normal timeframe expiration. The board may
grant an extension if it determines that the mining operation has been inactive for a
period of time due to market conditions such as an economic recession. The board
shall not extend the initial timeframe by a period of time greater than the
determined period of inactivity.
The mining site shall be restored in accordance with the approved restoration plan. Within
five (5) months of the end of the approved timeframe (including any extension), the
operator shall submit to the county a written notice stating that the mine is inactive
and has been restored. Such notice shall be accompanied by two (2) signed and
sealed as -built surveys of the site demonstrating substantial conformance with the
approved project restoration plan. restoration completed, and
16
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Stri-ke—t-tHreugh+ Deleted "text from Existing Ordinance
F:\Community Development\Users\CurDcvAORDINANCE\2008\2008-
Such
934 Excavation(aftcrl2-19-08).12TF
shall be
2008- 023
Restoration work shall then be inspected for compliance with the approved project
restoration plan and approved by county staff within six (6) months of the end of the
approved timeframe (including any extension) for the mining operation. None of the
security posted with the county in accordance with these mining regulations shall be
returned unless and until the requirements of this sub -section ("(10") are satisfied.
(4) Operating conditions of mining.
(a) Mining operations located in an agricultural zoning district, where the project site is
located west of 1-95 and not adjacent to neither a residential district or an agriculturally -
zoned parcel of ten (10) acres or less, shall not be limited to specific hours of operation
unless a determination is made by the planning and zoning commission concerning the
need to limit hours of operation due to the anticipated impact of the mining operation on
surrounding properties. Applicants operating 11 a project site or any portion of a
project's primary haul route is located east of I-95, or if any portion of a project site
is located adjacent to a residential zoning districts or agriculturally -zoned parcels of ten
(10) acres or less, then the mine shall be permitted to operate limited to operation
between the hours of' 7:00 1.m. to 6:00 p.m. on weekdays; hauling off-site shall not occur
after 5:00 p.m. on any day. Operation other than 7:00 a.m. to 6:00 p.m. may be permitted
by the board of county commissioners if the board determines that the impact of the
mining operation on surrounding properties will not constitute a nuisance to the
neighborhood, contrary to county noise and vibration control regulations.
(b) The land surface shall be restored to a condition which is in complete compliance with the
site plan for reclamation and rehabilitation of the area. The mining excavation pit shall not
be located within one hundred fifty (150) feet of the projected right-of-way line of any
existing or pioposed public road nor within one hundred fifty (150) feet of the outer
perimeter of the land area. Where a mining operation consists only of the removal of a
mound and does not consist of lowering the elevation of ground below the neighboring
property, an exception to the one -hundred -fifty (150) foot outer perimeter setback may be
permitted at the time of the site plan approval. All slopes and banks shall be sloped at a
ratio of not steeper than three (3) feet horizontal to one foot vertical, graded, grassed and
stabil ized.
(e)
Permanent project site boundary corners and the 1.50 foot project perimeter setback line
shall be marked with intermediate stakes at a minimum interval of three hundred (300)
feet, and all limits of excavation shall be staked, marked and maintained with visible flags
in the field, in accordance with the approved project site plans for the permit.
(d) Annual progress report. The Between August lst and October 1" of each year, the
operator holding a valid mining permit shall file, on or before submit to the community
development department the following• October 1 of each year,
• a written request to renew the annual mining permit,
• a. written statement report to the community development department identifying the
current operator and engineer of record,
• a calculation of the is land area mined and reclaimed fef during the preceding
calendar year, anfl i eetif g lands
• a calculation of the land area expected to be mined, and lands
Dotthl Jlnderline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike through+ Deleted Text from Existing Ordinance
F:AConnunity Development \ Users \CurDevAORDINANCE\2008\2008- 934 Excavation(alterl2-19-08).RTE
17
2008- 023
Restoration work shall then be inspected for compliance with the approved project
restoration plan and approved by county staff within six (6) months of the end of the
approved timeframe (including any extension) for the mining operation. None of the
security posted with the county in accordance with these mining regulations shall be
returned unless and until the requirements of this sub -section ("(10") are satisfied.
(4) Operating conditions of mining.
(a) Mining operations located in an agricultural zoning district, where the project site is
located west of 1-95 and not adjacent to neither a residential district or an agriculturally -
zoned parcel of ten (10) acres or less, shall not be limited to specific hours of operation
unless a determination is made by the planning and zoning commission concerning the
need to limit hours of operation due to the anticipated impact of the mining operation on
surrounding properties. Applicants operating 11 a project site or any portion of a
project's primary haul route is located east of I-95, or if any portion of a project site
is located adjacent to a residential zoning districts or agriculturally -zoned parcels of ten
(10) acres or less, then the mine shall be permitted to operate limited to operation
between the hours of' 7:00 1.m. to 6:00 p.m. on weekdays; hauling off-site shall not occur
after 5:00 p.m. on any day. Operation other than 7:00 a.m. to 6:00 p.m. may be permitted
by the board of county commissioners if the board determines that the impact of the
mining operation on surrounding properties will not constitute a nuisance to the
neighborhood, contrary to county noise and vibration control regulations.
(b) The land surface shall be restored to a condition which is in complete compliance with the
site plan for reclamation and rehabilitation of the area. The mining excavation pit shall not
be located within one hundred fifty (150) feet of the projected right-of-way line of any
existing or pioposed public road nor within one hundred fifty (150) feet of the outer
perimeter of the land area. Where a mining operation consists only of the removal of a
mound and does not consist of lowering the elevation of ground below the neighboring
property, an exception to the one -hundred -fifty (150) foot outer perimeter setback may be
permitted at the time of the site plan approval. All slopes and banks shall be sloped at a
ratio of not steeper than three (3) feet horizontal to one foot vertical, graded, grassed and
stabil ized.
(e)
Permanent project site boundary corners and the 1.50 foot project perimeter setback line
shall be marked with intermediate stakes at a minimum interval of three hundred (300)
feet, and all limits of excavation shall be staked, marked and maintained with visible flags
in the field, in accordance with the approved project site plans for the permit.
(d) Annual progress report. The Between August lst and October 1" of each year, the
operator holding a valid mining permit shall file, on or before submit to the community
development department the following• October 1 of each year,
• a written request to renew the annual mining permit,
• a. written statement report to the community development department identifying the
current operator and engineer of record,
• a calculation of the is land area mined and reclaimed fef during the preceding
calendar year, anfl i eetif g lands
• a calculation of the land area expected to be mined, and lands
Dotthl Jlnderline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike through+ Deleted Text from Existing Ordinance
F:AConnunity Development \ Users \CurDevAORDINANCE\2008\2008- 934 Excavation(alterl2-19-08).RTE
17
(5)
2008- 023
• a calculation of the land area planned for reclamation during the current coming
year.. -s The report shall also verify
• verification that all county and jurisdictional agency permits are valid and that
the operation is in compliance with all conditions of other permitting authorities site
plan approval, and shall note
• the expiration dates for all jurisdictional agency permits...1
• a copy of all monitoring reports and monitoring data provided to jurisdictional
agencies during the preceding year,
• a summary indicating the status of compliance with monitored thresholds and any
instances of non-compliance during the preceding year, and
• an updated, dimensional site sketch of current conditions.
1. No annual mining permit shall be renewed unless and until the mining site is
deemed to be in compliance with the approved project site plan. Failure to file
the required annual progress report by October 1st, or obtain renewal of the permit
by November 1st, shall be grounds for suspension of the operating permit mining
operation; however, an extension of time for filing or obtaining the permit
renewal may be granted by the planning and zoning commission community
development director or his designee upon request and for reasonable cause.
Posted security
(a) Intent. Compliance and restoration bonds security shall be posted to ensure that the site is
developed, operated, and restored in conformance with the approved mining site plan and
restoration plan. The compliance bead security can may be assessed forfeited as a
penalty only to violations of site plan approval that are chargeable to the mining permit
holder, and those under his supervision, direction, or control for violations as provided in
section 934.08 of these mining regulations. The restoration head security is to provide
funds to restore guarantee that the site is restored in compliance with the approved
restoration plan and may be forfeited as provided in section 934.09 of these mining
regulations.
(b) Amount. The compliance beryl security shall be posted in the amount of one thousand
dollars ($1,000.00) per acre of the project site with a minimum of five thousand dollars
{$5.000.00) area upon which mining activities are conducted and authorized via the
mining permit. For purposes of the compliance security calculation, such areas shall
include any cleared or stabilized area used or permitted to be used for access, staging,
hauling, excavation, stockpiling, re -charging, processing, parking, or storage. The
minimum amount of the compliance security shall be ten thousand dollars
($10,000.00). The restoration beryl security shall be posted in the an amount Bene
thousand dollars ($1,000.00) per acre of excavation with a minimum of five thousand
dollars ($5.000.00) equal to 1.25% of the project engineer's itemized cost estimate to
restore the site, approved by the Public Works director or his designee. Said estimate
shall be based on the cost to restore the mining activity site area in accordance with
the approved restoration plan. The cost estimate and resulting required security
amount shall be updated and revised every 3 years during the life of the mining
operation. The cost estimate must be approved by the Public Works director or his
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike -through Deleted Text from Existing Ordinance
F:AComunity Development\Users\CurDcvAORDINANCE\2008\2008- 934 Excavation(afterl2-19-08).RTF
18
(5)
2008- 023
• a calculation of the land area planned for reclamation during the current coming
year.. -s The report shall also verify
• verification that all county and jurisdictional agency permits are valid and that
the operation is in compliance with all conditions of other permitting authorities site
plan approval, and shall note
• the expiration dates for all jurisdictional agency permits...1
• a copy of all monitoring reports and monitoring data provided to jurisdictional
agencies during the preceding year,
• a summary indicating the status of compliance with monitored thresholds and any
instances of non-compliance during the preceding year, and
• an updated, dimensional site sketch of current conditions.
1. No annual mining permit shall be renewed unless and until the mining site is
deemed to be in compliance with the approved project site plan. Failure to file
the required annual progress report by October 1st, or obtain renewal of the permit
by November 1st, shall be grounds for suspension of the operating permit mining
operation; however, an extension of time for filing or obtaining the permit
renewal may be granted by the planning and zoning commission community
development director or his designee upon request and for reasonable cause.
Posted security
(a) Intent. Compliance and restoration bonds security shall be posted to ensure that the site is
developed, operated, and restored in conformance with the approved mining site plan and
restoration plan. The compliance bead security can may be assessed forfeited as a
penalty only to violations of site plan approval that are chargeable to the mining permit
holder, and those under his supervision, direction, or control for violations as provided in
section 934.08 of these mining regulations. The restoration head security is to provide
funds to restore guarantee that the site is restored in compliance with the approved
restoration plan and may be forfeited as provided in section 934.09 of these mining
regulations.
(b) Amount. The compliance beryl security shall be posted in the amount of one thousand
dollars ($1,000.00) per acre of the project site with a minimum of five thousand dollars
{$5.000.00) area upon which mining activities are conducted and authorized via the
mining permit. For purposes of the compliance security calculation, such areas shall
include any cleared or stabilized area used or permitted to be used for access, staging,
hauling, excavation, stockpiling, re -charging, processing, parking, or storage. The
minimum amount of the compliance security shall be ten thousand dollars
($10,000.00). The restoration beryl security shall be posted in the an amount Bene
thousand dollars ($1,000.00) per acre of excavation with a minimum of five thousand
dollars ($5.000.00) equal to 1.25% of the project engineer's itemized cost estimate to
restore the site, approved by the Public Works director or his designee. Said estimate
shall be based on the cost to restore the mining activity site area in accordance with
the approved restoration plan. The cost estimate and resulting required security
amount shall be updated and revised every 3 years during the life of the mining
operation. The cost estimate must be approved by the Public Works director or his
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike -through Deleted Text from Existing Ordinance
F:AComunity Development\Users\CurDcvAORDINANCE\2008\2008- 934 Excavation(afterl2-19-08).RTF
18
2008- 023
designee. The minimum amount of the restoration security shall be ten thousand
dollars ($1.0,000.00).
(c) Form: The security shall be provided in a form consistent with the county's standards
for subdivision improvements maintenance security as provided in 913.10(2).
(d)th
Phasing. When one phase of twenty (20) acres or less is completed and in conformance
with the submitted site plan for reclamation and rehabilitation and in conformance with
this chapter, approved site plan, the compliance and restoration bonds security may be
transferred to the next phase under the approved site plan. More than one phase at a time
No more than two phases may be mined concurrently, however, each phase shall be fully
bended covered by posted security, as required by this chapter. Restoration security
may be transferred to the next phase when restoration of the previous phase has been
completed in accordance with the approved restoration plan.
Renewal. Within thirty (30) days preceding bend security expiration, a bond a mining
operator shall renew the posted security renewal or provide new bend security, in a
form and amount approved by the community development director and county attorney-,-
must
ttoniey,must be on file in the community development department. In the event that timely
security renewal does not occur, the county is authorized to have the security
forfeited. This process shall be continued through the completion of efteli the mining
operation.
(e) Forfeiture. Upon a finding of noncompliance with this chapter or the approved mining site
plan or reclamation site plan; or failure to renew bonds within thirty (30) days of
1. The compliance bond shall be forfeited for violating the conditions of site plan
approval including, but not limited to, unapproved off site discharge of water,
failure to confine hauling to approved hauling routes, failure to maintain hauling
route per the approved maintenance plan, operating in violation of the
safety/security plan, excavating within required setbacks, mining of additional
board of county commissioners may, upon findings of fact, determine that the
compliance bond.
2. The restoration bond shall be forfeited for violating the conditions of restoration
restoration not completed within the approved time frame, restoration not
consistent with water management standards as contained in section 934.05 of this
chapter, and restoration activity not consistent with permits issued by other
completionof the work shall be returned to the bond holder.
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
e`_',.gh_ Deleted Text from Existing Ordinance
F:\Community Development\Users\CurDevAORDINANCE\2008\2008- 934 Excavation(after12-19-08).RTF
19
2008- 023
designee. The minimum amount of the restoration security shall be ten thousand
dollars ($1.0,000.00).
(c) Form: The security shall be provided in a form consistent with the county's standards
for subdivision improvements maintenance security as provided in 913.10(2).
(d)th
Phasing. When one phase of twenty (20) acres or less is completed and in conformance
with the submitted site plan for reclamation and rehabilitation and in conformance with
this chapter, approved site plan, the compliance and restoration bonds security may be
transferred to the next phase under the approved site plan. More than one phase at a time
No more than two phases may be mined concurrently, however, each phase shall be fully
bended covered by posted security, as required by this chapter. Restoration security
may be transferred to the next phase when restoration of the previous phase has been
completed in accordance with the approved restoration plan.
Renewal. Within thirty (30) days preceding bend security expiration, a bond a mining
operator shall renew the posted security renewal or provide new bend security, in a
form and amount approved by the community development director and county attorney-,-
must
ttoniey,must be on file in the community development department. In the event that timely
security renewal does not occur, the county is authorized to have the security
forfeited. This process shall be continued through the completion of efteli the mining
operation.
(e) Forfeiture. Upon a finding of noncompliance with this chapter or the approved mining site
plan or reclamation site plan; or failure to renew bonds within thirty (30) days of
1. The compliance bond shall be forfeited for violating the conditions of site plan
approval including, but not limited to, unapproved off site discharge of water,
failure to confine hauling to approved hauling routes, failure to maintain hauling
route per the approved maintenance plan, operating in violation of the
safety/security plan, excavating within required setbacks, mining of additional
board of county commissioners may, upon findings of fact, determine that the
compliance bond.
2. The restoration bond shall be forfeited for violating the conditions of restoration
restoration not completed within the approved time frame, restoration not
consistent with water management standards as contained in section 934.05 of this
chapter, and restoration activity not consistent with permits issued by other
completionof the work shall be returned to the bond holder.
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
e`_',.gh_ Deleted Text from Existing Ordinance
F:\Community Development\Users\CurDevAORDINANCE\2008\2008- 934 Excavation(after12-19-08).RTF
19
(0 Appeals.
2008- 023
1. Any person receiving written notice of suspension of a permit and bond forfeiture
may within. fifteen (1.5) days followi-n-g the date of such notice enter an appeal in
writing to the board of county Indian River County. Florida.
commissioners of
violations, and the grounds or basis of the appeal. The board of county
commissioners, after holding a hearing on this appeal, may continue the
suspension, modify the suspension, revoke the operating permit, call for forfeiture
2. No appeal filed later than fifteen (15) days after the date of such notice shall be
shill consent thereto.
SECTION #6
Re -number old Section 934.09 to take the place of reserved section 934.08 and read as follows:
. . 1 . 1 ° 1 . . . .
•..•
Section 934.098. Use of public and private roads.
Any mining permit issued pursuant to this ordinance shall be subject to the following provisions:
(1)
The applicant shall ensure that neither public nor private property will be damaged by the
hauling of mined materials and that hazardous traffic conditions will not be created. All
such applications shall identify an authorized fill hauling route. If private roads or
easements are intended to be used, written permission shall be submitted from the person
or persons owning said road or easement as part of the application materials. No load Load
limits shall not be exceeded along the haul route;
(2) Where deemed necessary by the county engineer mats, culvert, ramps, or paved drives
shall be placed at entrances and/or exists of haul sites in such positions that pavement
edges, shoulders, curbs and sidewalks will be protected from damage;
If any of the hauling route is over county maintained, unpaved roads, the permittee must
maintain that section of the hauling route during the hauling operation, and security for this
purpose may be required, as determined by the county engineer If security is required
based upon number of trips on unpaved roads, the frequency of the trips, and the
duration of' the activity, said security shall be a minimum of five thousand dollars
($5,000.00) and shall not exceed ten thousand dollars ($10,000.00) per mile of unpaved
roadway identified on the approved hauling route for the mine;
(3)
(a) The Public Works director or his designee is authorized to perform road
maintenance on behalf of the mining owner/operator and have the road
maintenance security forfeited if the mining owner/operator has failed to perform
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Str-rke-t-Tweirglii Deleted Text from Existing Ordinance
F:\Community Development \Users\CurDev\ORDINANCE\2008\2008-
934 Excavation(aUteri 2-19-08).RTf
20
(0 Appeals.
2008- 023
1. Any person receiving written notice of suspension of a permit and bond forfeiture
may within. fifteen (1.5) days followi-n-g the date of such notice enter an appeal in
writing to the board of county Indian River County. Florida.
commissioners of
violations, and the grounds or basis of the appeal. The board of county
commissioners, after holding a hearing on this appeal, may continue the
suspension, modify the suspension, revoke the operating permit, call for forfeiture
2. No appeal filed later than fifteen (15) days after the date of such notice shall be
shill consent thereto.
SECTION #6
Re -number old Section 934.09 to take the place of reserved section 934.08 and read as follows:
. . 1 . 1 ° 1 . . . .
•..•
Section 934.098. Use of public and private roads.
Any mining permit issued pursuant to this ordinance shall be subject to the following provisions:
(1)
The applicant shall ensure that neither public nor private property will be damaged by the
hauling of mined materials and that hazardous traffic conditions will not be created. All
such applications shall identify an authorized fill hauling route. If private roads or
easements are intended to be used, written permission shall be submitted from the person
or persons owning said road or easement as part of the application materials. No load Load
limits shall not be exceeded along the haul route;
(2) Where deemed necessary by the county engineer mats, culvert, ramps, or paved drives
shall be placed at entrances and/or exists of haul sites in such positions that pavement
edges, shoulders, curbs and sidewalks will be protected from damage;
If any of the hauling route is over county maintained, unpaved roads, the permittee must
maintain that section of the hauling route during the hauling operation, and security for this
purpose may be required, as determined by the county engineer If security is required
based upon number of trips on unpaved roads, the frequency of the trips, and the
duration of' the activity, said security shall be a minimum of five thousand dollars
($5,000.00) and shall not exceed ten thousand dollars ($10,000.00) per mile of unpaved
roadway identified on the approved hauling route for the mine;
(3)
(a) The Public Works director or his designee is authorized to perform road
maintenance on behalf of the mining owner/operator and have the road
maintenance security forfeited if the mining owner/operator has failed to perform
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Str-rke-t-Tweirglii Deleted Text from Existing Ordinance
F:\Community Development \Users\CurDev\ORDINANCE\2008\2008-
934 Excavation(aUteri 2-19-08).RTf
20
2008- 023
required road maintenance within three (3) working days of written notice.
Forfeited security shall be used to fund the cost of road maintenance work
performed. Upon forfeiture, mining operation hauling shall cease and shall not
re -commence until adequate road maintenance is performed and new road
maintenance security is submitted. The unexpended balance of the security shall
be returned to the mining owner/operator or applied to the newly posted security.
(4) Where vehicles hauling excavated materials use public roads, such vehicles shall be
covered in a manner to prevent fill spillage, to the satisfaction of the county engineer;
(5) All hauling vehicles shall have the trucking company name (or truck owner's name if
vehicle is privately owned) prominently displayed on the sides of the vehicle.
SECTION #7
Section 934.09 is hereby replaced with wording to read as follows:
Section 934.09 Compliance and Enforcement
(1) Enforcement and Penalties for Violations
(a) Generally
The county may impose but is not limited to the following types of penalties for
violations of the approved project site plan, mining permit, and any conditions
attached thereto:
• Stop work for all or a portion of the mining operation
• Forfeiture of posted security
• Termination of mining permit
Penalties imposed shall be based upon the following:
• Timelines and adequacy of operator/owner response to take corrective
action. Harsher penalties shall be imposed for low and/or inadequate
operator/owner responses.
• Severity and degree of violation(s). Harsher penalties shall be imposed
for violations that have broader and/or longer lasting negative impacts.
• Number of violations. Harsher penalties shall be imposed if numerous
violations have occurred.
(b) Violation and Compliance Process
Upon observing a potential violation, county staff shall contact the mining
operator or owner, advise him/her of the potential violation and corrective
action, and document the observation and contact with the operator or owner.
If the operator or owner takes immediate and appropriate corrective action and
DQuble_U.ndcrline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Ste1Ee-through: Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CurDcvAORDINANCE\2008\2008-
934 Excavation(afterl2-19-08)12"fF
21
2008- 023
required road maintenance within three (3) working days of written notice.
Forfeited security shall be used to fund the cost of road maintenance work
performed. Upon forfeiture, mining operation hauling shall cease and shall not
re -commence until adequate road maintenance is performed and new road
maintenance security is submitted. The unexpended balance of the security shall
be returned to the mining owner/operator or applied to the newly posted security.
(4) Where vehicles hauling excavated materials use public roads, such vehicles shall be
covered in a manner to prevent fill spillage, to the satisfaction of the county engineer;
(5) All hauling vehicles shall have the trucking company name (or truck owner's name if
vehicle is privately owned) prominently displayed on the sides of the vehicle.
SECTION #7
Section 934.09 is hereby replaced with wording to read as follows:
Section 934.09 Compliance and Enforcement
(1) Enforcement and Penalties for Violations
(a) Generally
The county may impose but is not limited to the following types of penalties for
violations of the approved project site plan, mining permit, and any conditions
attached thereto:
• Stop work for all or a portion of the mining operation
• Forfeiture of posted security
• Termination of mining permit
Penalties imposed shall be based upon the following:
• Timelines and adequacy of operator/owner response to take corrective
action. Harsher penalties shall be imposed for low and/or inadequate
operator/owner responses.
• Severity and degree of violation(s). Harsher penalties shall be imposed
for violations that have broader and/or longer lasting negative impacts.
• Number of violations. Harsher penalties shall be imposed if numerous
violations have occurred.
(b) Violation and Compliance Process
Upon observing a potential violation, county staff shall contact the mining
operator or owner, advise him/her of the potential violation and corrective
action, and document the observation and contact with the operator or owner.
If the operator or owner takes immediate and appropriate corrective action and
DQuble_U.ndcrline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Ste1Ee-through: Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CurDcvAORDINANCE\2008\2008-
934 Excavation(afterl2-19-08)12"fF
21
2008- 023
county staff confirms compliance, then no further county
compliance/enforcement action is needed. If, however, the operator or owner
fails to take immediate and appropriate corrective action, then county staff shall
issue a formal letter of violation, citing the violation along with evidence of the
violation, prescribing corrective action, and providing a compliance date. If the
operator or owner corrects the violation on or before the compliance date, then
the violation shall be considered a "Formal Resolved Violation" If, however,
the operator or owner fails to correct the violation on or before the compliance
date, then the violation shall be considered a "Formal Unresolved Violation".
(c) Progressive Penalty Process
1.. If an operator or owner has a Formal Unresolved Violation or five (5) or
more Formal Resolved Violations within a 1 year period, then county staff
shall schedule a penalty determination hearing before the Board of County
Commissioners. At least 1.0 days prior to the hearing, county staff shall
provide written notice of the hearing to the mining operator, mine owner,
and owners of immediately adjacent properties. At the hearing, county
staff shall present evidence of the violation(s) along with an evaluation of
the operator's or owner's responsiveness to take corrective action(s), the
severity and degree of the violation(s), and the number of violations. The
owner or operator shall be given an opportunity to rebut staff's
evidence/evaluation and provide his own evidence/evaluation.
2. Upon hearing the evidence, the Board of County Commissioners shall
determine whether or not a penalty shall be imposed. For any given
mining project, the Board of County Commissioners is authorized to
impose forfeiture of the project's compliance security in an amount not to
exceed twenty five thousand dollars ($25,000.00) as a penalty.
3. If, during the life of the project, a penalty determination hearing is held
after the Board of County Commissioners has imposed a penalty against
the project at a previous penalty determination hearing, then at the
"second" hearing the Board of County Commissioners is authorized to
impose forfeiture of the entire compliance security with no limit on the
amount forfeited as a penalty.
4. If, during the life of the project, a penalty determination hearing is held
after the Board of County Commissioners has imposed a penalty against
the project at each of two previous penalty determination hearings, then at
the "third" hearing the Board of County Commissioners is authorized to
terminate the project mining permit, impose forfeiture of compliance
security, and impose forfeiture of road maintenance and/or restoration
security to cover costs of required maintenance or restoration.
5. At any penalty determination hearing, the Board of County
Commissioners is authorized to impose forfeiture of any project security
posted for road maintenance to pay for road maintenance costs incurred
Double Underline Text: Non Workshop Changes
13o1d Underline: Additions to Ordinance
Stri-ke—threitgli4 Deleted Text from Existing Ordinance
F:\Community Development\Users \CurDev\ORDINANCE\2008\2008-
934 Excavation(afterl2-l9-08).RTF
22
2008- 023
county staff confirms compliance, then no further county
compliance/enforcement action is needed. If, however, the operator or owner
fails to take immediate and appropriate corrective action, then county staff shall
issue a formal letter of violation, citing the violation along with evidence of the
violation, prescribing corrective action, and providing a compliance date. If the
operator or owner corrects the violation on or before the compliance date, then
the violation shall be considered a "Formal Resolved Violation" If, however,
the operator or owner fails to correct the violation on or before the compliance
date, then the violation shall be considered a "Formal Unresolved Violation".
(c) Progressive Penalty Process
1.. If an operator or owner has a Formal Unresolved Violation or five (5) or
more Formal Resolved Violations within a 1 year period, then county staff
shall schedule a penalty determination hearing before the Board of County
Commissioners. At least 1.0 days prior to the hearing, county staff shall
provide written notice of the hearing to the mining operator, mine owner,
and owners of immediately adjacent properties. At the hearing, county
staff shall present evidence of the violation(s) along with an evaluation of
the operator's or owner's responsiveness to take corrective action(s), the
severity and degree of the violation(s), and the number of violations. The
owner or operator shall be given an opportunity to rebut staff's
evidence/evaluation and provide his own evidence/evaluation.
2. Upon hearing the evidence, the Board of County Commissioners shall
determine whether or not a penalty shall be imposed. For any given
mining project, the Board of County Commissioners is authorized to
impose forfeiture of the project's compliance security in an amount not to
exceed twenty five thousand dollars ($25,000.00) as a penalty.
3. If, during the life of the project, a penalty determination hearing is held
after the Board of County Commissioners has imposed a penalty against
the project at a previous penalty determination hearing, then at the
"second" hearing the Board of County Commissioners is authorized to
impose forfeiture of the entire compliance security with no limit on the
amount forfeited as a penalty.
4. If, during the life of the project, a penalty determination hearing is held
after the Board of County Commissioners has imposed a penalty against
the project at each of two previous penalty determination hearings, then at
the "third" hearing the Board of County Commissioners is authorized to
terminate the project mining permit, impose forfeiture of compliance
security, and impose forfeiture of road maintenance and/or restoration
security to cover costs of required maintenance or restoration.
5. At any penalty determination hearing, the Board of County
Commissioners is authorized to impose forfeiture of any project security
posted for road maintenance to pay for road maintenance costs incurred
Double Underline Text: Non Workshop Changes
13o1d Underline: Additions to Ordinance
Stri-ke—threitgli4 Deleted Text from Existing Ordinance
F:\Community Development\Users \CurDev\ORDINANCE\2008\2008-
934 Excavation(afterl2-l9-08).RTF
22
2008- 023
by the county due to failure of the operator or owner to properly maintain
the haul route.
(d) Traffic Law Enforcement
If county staff finds reason to believe that haul truck drivers are violating traffic
laws on the project haul route (e.g. speeding), then staff will contact the Sheriff's
Office to request traffic law enforcement along the project haul route. Anv
traffic citation for a moving violation given to a haul truck driver on a project
haul route shall constitute a Formal Resolved Violation against the project
served by tint haul truck driver. Notice of such Formal Resolved Violation
shall be provided to the project operator and owner.
In the event that, at a penalty determination hearing, the Board of County
Commissioners finds traffic law violations (moving violations) by haul truck
drivers serving the project site, the Board of County Commissioners is
authorized to assess the operator or owner the cost to the county to hire contract
traffic law enforcement personnel to conduct special traffic law enforcement
activities along the project haul route. That assessment shall be in addition to
other penalties that it may impose.
SECTION #8
Duration and completion of permits section 934.10, is hereby amending to read as follows:
(1) All permits shall expire one year from the date of issuance, except when otherwise
authorized by a site plan or subdivision approval. A permit may be renewed by paying a renewal fee and
filing an annual progress report demonstrating that the permit criteria have been met. The report must
meet the specification of section 934.07(4)(d) of this chapter.
(2) For all permitted projects, a record drawing by a surveyor or engineer registered in the
State of Florida shall be provided to the community development department at the completion of the
permitted project. The record drawing shall contain sufficient information to indicate that all of the
requirements of this chapter have been satisfied, and shall include cross-sections of the excavation and a
plan drawing which locates the extent of the excavation with dimensions to all property lines.
(3) The permittee shall maintain a copy of the mining permit, approved site plan, approved
stormwater management permit plans, and a copy of all jurisdictional agency permits on the
permitted site during the entire permit period. Said permit shall be fully visible at a location designated
accessible to county inspectors that is noted in the application mining permit.
(4) No permit shall be issued under this chapter if a violation of this chapter is existing on the
subject property, nor shall any permits be issued to any person who is currently in violation of this
chapter. This section is not intended to prohibit the issuance of a permit to correct any existing violation.
SECTION #9
Reserved Section 934.11, is hereby amended to read as follows:
Dou lc_Underlinc Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
$tfilte—d+reugh: Deleted Text Brom Existing Ordinance
F:ACommunity DevelopmentAUsers\CurDevAORDINANCE\2008\2008- 934 Excavation(aiter l2-19-08).RTF
23
2008- 023
by the county due to failure of the operator or owner to properly maintain
the haul route.
(d) Traffic Law Enforcement
If county staff finds reason to believe that haul truck drivers are violating traffic
laws on the project haul route (e.g. speeding), then staff will contact the Sheriff's
Office to request traffic law enforcement along the project haul route. Anv
traffic citation for a moving violation given to a haul truck driver on a project
haul route shall constitute a Formal Resolved Violation against the project
served by tint haul truck driver. Notice of such Formal Resolved Violation
shall be provided to the project operator and owner.
In the event that, at a penalty determination hearing, the Board of County
Commissioners finds traffic law violations (moving violations) by haul truck
drivers serving the project site, the Board of County Commissioners is
authorized to assess the operator or owner the cost to the county to hire contract
traffic law enforcement personnel to conduct special traffic law enforcement
activities along the project haul route. That assessment shall be in addition to
other penalties that it may impose.
SECTION #8
Duration and completion of permits section 934.10, is hereby amending to read as follows:
(1) All permits shall expire one year from the date of issuance, except when otherwise
authorized by a site plan or subdivision approval. A permit may be renewed by paying a renewal fee and
filing an annual progress report demonstrating that the permit criteria have been met. The report must
meet the specification of section 934.07(4)(d) of this chapter.
(2) For all permitted projects, a record drawing by a surveyor or engineer registered in the
State of Florida shall be provided to the community development department at the completion of the
permitted project. The record drawing shall contain sufficient information to indicate that all of the
requirements of this chapter have been satisfied, and shall include cross-sections of the excavation and a
plan drawing which locates the extent of the excavation with dimensions to all property lines.
(3) The permittee shall maintain a copy of the mining permit, approved site plan, approved
stormwater management permit plans, and a copy of all jurisdictional agency permits on the
permitted site during the entire permit period. Said permit shall be fully visible at a location designated
accessible to county inspectors that is noted in the application mining permit.
(4) No permit shall be issued under this chapter if a violation of this chapter is existing on the
subject property, nor shall any permits be issued to any person who is currently in violation of this
chapter. This section is not intended to prohibit the issuance of a permit to correct any existing violation.
SECTION #9
Reserved Section 934.11, is hereby amended to read as follows:
Dou lc_Underlinc Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
$tfilte—d+reugh: Deleted Text Brom Existing Ordinance
F:ACommunity DevelopmentAUsers\CurDevAORDINANCE\2008\2008- 934 Excavation(aiter l2-19-08).RTF
23
2008- 023
Section 934.11 Pre -Existing Mining Operations
The county recognizes that approved and permitted mining operations in existence prior to
December 19, 2008 may continue as approved and permitted. Such mining operations, however,
shall be subject to the following requirements of these mining regulations adopted December 9,
2008:
(1) Annual mining permit requirements contained in section 934.07(4)(d).
(a) Fees for annual mining permits established by resolution of the Board of County
Commissioners, and
(b) Security form requirements of section 934.07(5)(c) for any security substitutions.
(2) Compliance and enforcement requirements of section 934.09.
(3) Site restoration requirements of section 934.07(3)00.
SECTION #10
Mining permit fees Section 934.12, is hereby amended to read as follows:
Section 934.12. Mining permit fees.
(1) The applicant for a mining permit shall be required to file a fees with the application in an
amount te-be established by resolution of the board of county commissioners.
(2) Permit renewal fees shall be one half (1 /2) the amount of the original fee.
SECTION #11.:
Extractive Uses section 971.22 is hereby amended to read as follows:
(1) Mining (administrative permit)
(a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04):
A-1 A-2 A-3.
(b) Criteria for mining operations:
1. A site plan meeting all iequirements of Chapter 9142;, and applicable
requirements of Chapter 934;
2. A reclamation plan including littoral zone plan and water quality management plan,
as applicable;
3. All mining activities must comply with Chapter 934, Excavation and Mining;
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike through: Deleted Text from Existing Ordinance
F:ACommunity Development \ Users \CurDevAORDINANCE\2008\2008- 934 Excavation(afterI2-19-08).RTF
24
2008- 023
Section 934.11 Pre -Existing Mining Operations
The county recognizes that approved and permitted mining operations in existence prior to
December 19, 2008 may continue as approved and permitted. Such mining operations, however,
shall be subject to the following requirements of these mining regulations adopted December 9,
2008:
(1) Annual mining permit requirements contained in section 934.07(4)(d).
(a) Fees for annual mining permits established by resolution of the Board of County
Commissioners, and
(b) Security form requirements of section 934.07(5)(c) for any security substitutions.
(2) Compliance and enforcement requirements of section 934.09.
(3) Site restoration requirements of section 934.07(3)00.
SECTION #10
Mining permit fees Section 934.12, is hereby amended to read as follows:
Section 934.12. Mining permit fees.
(1) The applicant for a mining permit shall be required to file a fees with the application in an
amount te-be established by resolution of the board of county commissioners.
(2) Permit renewal fees shall be one half (1 /2) the amount of the original fee.
SECTION #11.:
Extractive Uses section 971.22 is hereby amended to read as follows:
(1) Mining (administrative permit)
(a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04):
A-1 A-2 A-3.
(b) Criteria for mining operations:
1. A site plan meeting all iequirements of Chapter 9142;, and applicable
requirements of Chapter 934;
2. A reclamation plan including littoral zone plan and water quality management plan,
as applicable;
3. All mining activities must comply with Chapter 934, Excavation and Mining;
Double Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike through: Deleted Text from Existing Ordinance
F:ACommunity Development \ Users \CurDevAORDINANCE\2008\2008- 934 Excavation(afterI2-19-08).RTF
24
2008- 023
1. All mining sites shall have direct access to a collector or arterial roadway or to a
574. No mechanical dewatering shall occur within one thousand (1,000) feet of any
platted subdivision that is not serviced by public water.
5. All mining sites shall be designated AG -1, AG -2, or AG -3 on the Future Land
Use Map.
6. At least 10 calendar days prior to the Planning & Zoning Commission and
Board of County Commissioner hearings at which the mining project request
is scheduled to be considered, a mailed courtesy notice shall be sent from the
county to owners of properties within '/Z mile of the mining site and owners of
properties that front on the road that serves as the proposed haul route for the
proposed mining operation. The cost of providing such notice shall be paid by
the applicant.
a. The Planning & Zoning Commission shall conduct its consideration of
the administrative permit request like a public hearing, allowing public
comment.
SECTION #12: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction
to be unconstitutional or invalid for any cause or reason., the same shall be eliminated from this Ordinance
and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such
invalid portion thereof had not been incorporated therein.
SECTION #13: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the
provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #14: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION #15: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River County, Florida,
on this 19th day of December , 2008.
Douhle_Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike through: Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CurDevAORDINANCE\2008\2008- 934 Excavation(after12-19-08).RTF
25
2008- 023
1. All mining sites shall have direct access to a collector or arterial roadway or to a
574. No mechanical dewatering shall occur within one thousand (1,000) feet of any
platted subdivision that is not serviced by public water.
5. All mining sites shall be designated AG -1, AG -2, or AG -3 on the Future Land
Use Map.
6. At least 10 calendar days prior to the Planning & Zoning Commission and
Board of County Commissioner hearings at which the mining project request
is scheduled to be considered, a mailed courtesy notice shall be sent from the
county to owners of properties within '/Z mile of the mining site and owners of
properties that front on the road that serves as the proposed haul route for the
proposed mining operation. The cost of providing such notice shall be paid by
the applicant.
a. The Planning & Zoning Commission shall conduct its consideration of
the administrative permit request like a public hearing, allowing public
comment.
SECTION #12: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction
to be unconstitutional or invalid for any cause or reason., the same shall be eliminated from this Ordinance
and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such
invalid portion thereof had not been incorporated therein.
SECTION #13: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the
provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #14: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION #15: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River County, Florida,
on this 19th day of December , 2008.
Douhle_Underline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike through: Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CurDevAORDINANCE\2008\2008- 934 Excavation(after12-19-08).RTF
25
2008- 023
This ordinance was advertised in the Press -Journal on the 25th day of November 2008,
for a public hearing to be held on the 19th day of December , 2008, at which time it was
moved fot adoption by Commissioner Solari , seconded by Commissioner
Vice Chairman Flescher , and adopted by the following vote:
Chairman Wesley S. Davis
Vice Chairman Joseph E Flescher
Commissioner Gary C. Wheeler
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
ABSTAINED
AYE
AYE
AYE
AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
oseph E. Flescher, Vice Chairman
ATTEST BY• 'O. •
74y•••• Mary Louise Scheidt, Clerk, Ad Interim
This ordinance was filed with the Department of State on the following date: DEC 3 0 2008
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Col ins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP; Community bevelopment Director
Double_lnderline Text: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike through: Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CurDcvAORDINANCE\2008\2008- 934 Excavation(afterl2-8-08).RTF
26
•
2008 023
This ordinance was advertised in the Press -Journal on the 25th day of November 2008,
for a public hearing to be held on the 19th day of December , 2008, at which time it was
moved for adoption by Commissioner Solari , seconded by Commissioner
Vice Chairman Flescher , and adopted by the following vote:
Chairman Wesley S. Davis
Vice Chairman Joseph E. Flescher
Commissioner Gary C. Wheeler
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
ABSTAINED
AYE
2,t
BOARD OF COUNTY COMMISSION -F.1-.
OF INDIAN RIVER/j COUNTY /j 'ttdA.?e7 e. ti`:''
BY:
oseph E. Flescher, Vice Chairman
ATTEST BY: i`%�"Lc�riuevr/i/es •• • C ,
71;r: Mary Louise Scheidt, Clerk, Ad Interim
DEC 3 0 2008
This ordinance was Fled with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Col
ins II, County Attorney
APPROVED AS TO PLANNING MATTERS
7
Robert M. Keating, AICP;
Community
evelopment Director
Doubl_tLnderlioc "Peet: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike ti gh: Deleted Text front Existing Ordinance
F:\Community Development\Usm3\CurDev\ORDINANCE\2008\2008-
934 Excavation(aftcrl 2-8-08).R I F
26
•
2008 023
This ordinance was advertised in the Press -Journal on the 25th day of November 2008,
for a public hearing to be held on the 19th day of December , 2008, at which time it was
moved for adoption by Commissioner Solari , seconded by Commissioner
Vice Chairman Flescher , and adopted by the following vote:
Chairman Wesley S. Davis
Vice Chairman Joseph E. Flescher
Commissioner Gary C. Wheeler
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
ABSTAINED
AYE
2,t
BOARD OF COUNTY COMMISSION -F.1-.
OF INDIAN RIVER/j COUNTY /j 'ttdA.?e7 e. ti`:''
BY:
oseph E. Flescher, Vice Chairman
ATTEST BY: i`%�"Lc�riuevr/i/es •• • C ,
71;r: Mary Louise Scheidt, Clerk, Ad Interim
DEC 3 0 2008
This ordinance was Fled with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Col
ins II, County Attorney
APPROVED AS TO PLANNING MATTERS
7
Robert M. Keating, AICP;
Community
evelopment Director
Doubl_tLnderlioc "Peet: Non Workshop Changes
Bold Underline: Additions to Ordinance
Strike ti gh: Deleted Text front Existing Ordinance
F:\Community Development\Usm3\CurDev\ORDINANCE\2008\2008-
934 Excavation(aftcrl 2-8-08).R I F
26