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Home My WebLink About22-179 nxmDn A Q ?m x r r cr ZAvorn P m?) RESOLUTION NO. 2022-179 -0NCr r File No.' MJSP-2209-000104 w o? o m A RESOLUTION BY THE BOARD OF COUNTY • 0 COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, m71, GRANTING A MINING PERMIT EXEMPTION FOR RU-MAR INC., S i m o TO ALLOW FOR THE OFF-SITE REMOVAL OF EXCAVATED73 MATERIAL IN EXCESS OF ONE HUNDRED CUBIC YARDS m FROM THE ON-SITE CONSTRUCTION OF TWO STORMWATER o 8o MANAGEMENT / AGRICULTURAL TAILWATER RECOVERY PONDS ON CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County. Florida, based on ti testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Ru-Mar Inc. submitted an application for a Mining Permit exemption for the Ru-Mar Agricultural Tailwater Recovery project to allow for the off-site removal of excavated material in excess of 100 cubic yards, originating from the development of two (2) stormwater management ponds, also known as tailwater recovery ponds, which is identified as a best management practice (BMP). The constructed ponds allow for the reuse of stormwater runoff from +/- 310- acres of agricultural fields as irrigation water. 2. The parent parcel consists of +/- 643.08 acres, located approximately 0.9 miles west of Glades Cut-Off Road and east of the South Florida Water Management District (SFWMD) C- 23 Canal in southwestern St. Lucie County. The property is legally described in Part"B" of this Resolution and depicted on the attached map as Exhibit "A". 3. Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Public Works Department Memorandum titled Ru-Mar Agricultural Tailwater Recovery Project Mining Permit Exemption Application, dated September 23. 2022. 4. On October 4, 2022, the Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing, posting a sign on the subject property and notifying by mail all owners of property within 500 feet of the subject property. 5. At the October 4, 2022, Board of County Commissioners public hearing on the petition, the Board voted to continue the item until the December 6, 2022, Public Hearing. 6. On December 6, 2022, the Board of County Commissioners held a public hearing on this petition and voted to approve the Mining Permit Exemption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A Pursuant to Section 11.05.11A.2.h. of the St. Lucie County Land Development Code, the mining permit exemption for the project known as Ru-Mar Agricultural Tailwater Recovery, is hereby approved, subject to the following conditions: Ru-Mar Mining Permit Exemption File No.: MJSP-2209-000104 1. The removal of excavated material under this exemption shall be performed and completed by June 6, 2023. 2. The hauling operation is limited to Monday through Friday within the hours of 8:00am and 5:00pm, excluding all holidays. If there are documented adverse effects from the hauling operation, the County Engineer may furtherArestrict the hours of operation. 02460 a bib a 3. A maintenance agreement bond or line of credit will be secured within 30 days of the mining permit exemption approval and maintained until receiving written approval of hauling completion from the St. Lucie County Public Works Department. The County will inspect the haul route, including but not limited to, Glades Cut Off Road and Range Line Road, during and following the hauling operation. Ru-Mar, Inc. will be responsible for any damage associated with the hauling. 4. This mining permit exemption may be revoked for: (1) Violation of any condition imposed upon such approval; and (2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation, the Public Works Director shall revoke the permit and notify the Board of County Commissioners of the revocation. B. The property for which this exemption is granted is described as follows: Legal Description Parcel I.D. #4219-111-0001-000/2 The land referred to herein below is situated in the County of St. Lucie, State of Florida, and is described as follows: All of Section 19, less the West 140 feet for canal, Township 37 South, Range 38 East, consisting of 643.08 acres. C. The developer of the Ru-Mar Agricultural Tailwater Recovery project, and associated site development activities, is advised as part of this exemption approval that the developer or any successor in interest shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources Department prior to the commencement of any development activities on the property described in Part"B". Issuance of this approval by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. D. The conditions set forth in Part "A" are an integral non-severable part of the Mining Permit exemption granted by this Order. If any condition set forth in Part "A" is Ru-Mar Mining Permit Exemption File No.: MJSP-2209-000104 determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the Mining Permit exemption approval granted by this Order shall become null and void. E A copy of this Order shall be placed on file with the St. Lucie County Planning and Development Services Department and mailed to the developer and agent of record as identified on the application. F. This Resolution shall be recorded in the Public Records. G. After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair AYE Linda Bartz, Vice-Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Jamie Fowler AYE Commissioner Larry Leet AYE PASSED AND DULY ADOPTED this 6th day of December 2022. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA fdd. B Deputy Cler J gr air 00 M 'scA s APPROVED AS TO FORM AND :� *a CORRECTNE o44. ry Fto0°* BY: County A• or'ey Ru-Mar Mining Permit Exemption File No.: MJSP-2209-000104 Exhibit A (Site Location Map) I.1z , s . se x aX — pM11U �111 . 0.............'� I 1 _1 a a z1 M ,...,.....3/Y.mlMix Sawa RR•! R t a!IL...,bW ' F # — . _uo 4 Wane*Of �4 R R.D. RC—a• s a A : a -scMR..lm Ra '.o < .€ % sif.nWd 3 1 , y L1MIg0 Are ..-,_.�f a T.i =it•. aT: a ts� a 1 t{ba i z At 1 CNN.Adams Rd/ ...,M.R.NO 4 R 4 i ( T/ 'x Subject '" ''"°' l i ; / i ' Y Parcel g s = \ 1`i` 5 9/ ,y� • _ / J , n 1 ` .,. �' - o } ia...,, k .,,.., 1 ti ,.,I: ' t the J '-'41 Ru-Mar Mining Permit Exemption File No.: MJSP-2209-000104