HomeMy WebLinkAbout23-135 - not received back from recording - entire res from Clerk's website behind the original Resolution 2023-135
File No.: CU-3202226336
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY FOR A CONDITIONAL USE PERMIT TO
MINE AND QUARRY ON +/- 164 ACRES GENERALLY LOCATED AT
10241 CARLTON ROAD, INCLUDING A DESIGNATED HAUL ROUTE
THROUGH +/- 730 ACRES TO GLADES CUT OFF ROAD WITHIN
THE AG-5 (AGRICULTURAL — 5) ZONING DISTRICT IN ST. LUCIE
COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to findings in the staff report, has
made the following determinations:
1. M Ranch Resources, LLC presented a petition for a Conditional Use Permit to mine
and quarry on approximately 164 acres on the west side of Carlton Road, with
mining activities for seven (7) to ten (10)years, with mining operations up to twelve
(12) hours per day and six (6) days per week, Monday through Saturday (see
Condition of Approval #5 limiting mining operations to 7:00 am to 6:00 pm, Monday
through Friday), and a proposed Haul Road to extend along the western perimeter
to Glades Cut Off Road across the applicant's property, in the AG-5 (Agricultural
— 5) Zoning District, as legally described in Paragraph B and depicted on the
attached map as Exhibit A.
2. St. Lucie County Planning and Development Services staff has performed the
required land use analysis for this application.
3. On June 15, 2023, the Planning and Zoning Commission held a public hearing on
the petition, after publishing a notice of such hearing and notifying by mail all
owners of property within 500 feet of the subject property. After discussion, the
Commission passed a unanimous motion to recommend approval with conditions
and an alternative haul route.
4. On August 22, 2023, the Board of County Commissioners held a public hearing on
the petition, after publishing a notice of such hearing and notifying by mail all
owners of property within 500 feet of the subject property.
5. The project is consistent with the general purpose, goals, objectives, and
standards of the St. Lucie County Comprehensive Plan and the St. Lucie County
Land Development Code.
6. The project will not have an undue adverse effect on adjacent property, the
character of the neighborhood, traffic conditions, parking, utility facilities, or other
matters affecting the public health, safety, and general welfare.
File No.: CU-3202226336 Resolution No. 2023-135
Page 1
7. All reasonable steps have been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through operational design, site design,
landscaping, and screening.
8. The project will be operated so as not to interfere with the development and use of
neighboring property, in accordance with applicable district regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.07.05 of the St. Lucie County Land Development Code, the
proposed Conditional Use Permit for the M Ranch Mine, which included a
commitment to track and submit a voluntary annual contribution to St. Lucie County
at a value of$0.05 per ton of material transacted from the mine, is hereby approved
on the property described in Paragraph B and displayed in Exhibit A, as presented
in the Conditional Use Plan (Site Plan) prepared by Captec Engineering, dated
July 14, 2023 as contained in Exhibit B, subject to the following conditions of
approval:
1) Prior to deeming the Mining Permit application as Complete, the applicant shall supply
a report proving no evidence of or projected saltwater intrusion or reduction of quality
and quantity of well water and existing bodies of water will occur to nearby properties
due to the mining operations.
2) Prior to issuance of a Mining Permit, an on-site water supply well and septic system
shall be incorporated within the Site Plan to serve employee needs.
3) Prior to issuance of a Mining Permit, a dump truck registration and hauling route plan
shall be submitted and accepted to ensure all dump trucks accessing the mine are
registered (proposed through an RFID program) and actively display a placard for but
not limited to the following purposes:
a. Avoid unauthorized truck trips on Carlton Road or staging in the right-of-
way.
b. Enhance accountability for compliance to roadway speed limits and traffic
laws.
c. Ensure drivers comply with mine safety standards and training
requirements.
4) Prior to issuance of a Mining Permit, the applicant shall submit a comprehensive
hydrological study demonstrating the mining plan will not have an undue adverse effect
upon nearby properties. The study shall verify the mine will be constructed, arranged,
and operated so as not to adversely affect or interfere with established or potential
water supply wells essential for the development and use of nearby properties. In
addition:
a. The Board of County Commissioners' action to issue the Mining Permit is
contingent upon Board Approval of the hydrological study findings, which
File No.: CU-3202226336 Resolution No. 2023-135
Page 2
must demonstrate the mining operation plan will not have an undue
adverse effect upon nearby property (LDC Section E. 2. a. & d.).
b. Groundwater monitoring compliance wells shall be established with
required reporting on a regular basis (monthly or quarterly). The developer
shall present, establish and maintain a groundwater monitoring plan for
Board approval which includes a baseline comparison and provide a
continuous monitoring program that encompasses water quantity and
quality as part of the required reporting to the County.
c. The developer shall develop a Contingency Plan for Board approval that
includes thresholds and immediately investigates and addresses any
claims of negative water impacts to the nearby sites, including the Fish
Farm.
d. The developer shall provide a bond or similar surety in a form that is subject
to the approval of the County Attorney in an amount sufficient to cover the
costs of any undue adverse impacts of the mine on nearby properties,
including but not limited to investigative efforts to validate claims, providing
potable and non-potable water on an emergency basis, well replacement
or mitigation, and catastrophic loss as a result of the mining operations
during the term of the mining permit .
e. Additional hydrological analysis shall be performed at mining reaches initial
depths of 25ft., 35ft, and 45ft., to ensure that mining operations will not
have any adverse impacts to the water quality or quantity. The analysis
must consider drawdown, seasonal fluctuations, drought conditions,
acidification, sedimentation and contamination at a minimum.
5) The hours of operation for the mine shall be limited to 7:00 am to 6:00 pm, Monday
through Friday. No additional operation of the mine will be permitted unless the Board
of County Commissioners approves a Conditional Use Permit Adjustment. Hauling
activities shall be limited to 8:00 am to 5:00 pm.
6) There shall be no blasting permitted within the mining operation. Blasting is the
controlled use of explosives and other methods, such as gas pressure blasting
pyrotechnics, to break rock for excavation.
7) The Conditional Use Permit shall always comply with the St. Lucie County noise
ordinance, pursuant to Section 28-110 —Sound Level Limitations.
8) All on-site excavators, dump trucks, cranes, or similar equipment shall be equipped
with a White Noise Back-Up Alarm, approved by the Occupational Safety & Health
Administration (OSHA), pursuant to Title 29 CFR 1926.601(b)(4) and
1926.602(a)(9)(ii).
9) All Category I invasive plant species shall be removed within eighteen (18) months of
required landscape installation per LDC 7.09.05.
10)Prior to haul route use, regardless of the access location on Glades Cut Off Road, a
southbound right turn lane at the entrance to the haul route shall be constructed.
File No.: CU-3202226336 Resolution No. 2023-135
Page 3
11)The proposed berm parallel to Carlton Road shall be a minimum of twelve (12)feet in
height, above the crown of the roadway, and landscaped and maintained by the
applicant in accordance with the presented Landscape Plan. Oversized tree and shrub
plantings shall be demonstrated with the final Major Site Plan based upon a planned
stockpile height not to exceed 50ft. If noise levels from dewatering pumps or similar
equipment exceeding allowable levels, specific strategies shall be implemented to
dampen noise impacts on adjacent property to ordinance limits.
12)The Mine shall maintain appropriate dust abatement protocols to reduce the spread of
dust particles on adjacent properties.
13)Prior to commencement of development, including but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, an updated
Environmental Impact Report shall be submitted to ERD with updated habitat
descriptions and mapping, updated listed species surveys, and native vegetation
impacts to reflect the new footprint of the haul road.
a. At minimum, a wetland delineation survey shall be provided to the County
and to the state/federal agencies. The applicant acknowledges that moving
forward without a formal wetland jurisdictional determination could result with
the site plan requiring an adjustment should the agencies refute the wetland
delineation.
b. Should jurisdictional wetlands be identified onsite and proposed for either
direct or indirect impacts, a Wetland Waiver Application shall be required.
14)Prior to commencement of development, including but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, listed
species surveys shall be updated as necessary per individual species-specific
requirements. If any listed species impacts are found to be present as a result of these
surveys, appropriate mitigative measures per state and federal agency requirements
shall be provided prior to initiation of any clearing activities.
15)Prior to commencement of development, including but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the applicant
shall provide to the County a Florida Department of Environmental Protection (FDEP)
Air Resources Management System (ARMS) permit or written correspondence from
FDEP stating any potential impacts have been addressed (e.g., no permit required
[NPR]).
16)Prior to commencement of development, including but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the applicant
shall provide the County all approved permits from all pertinent regulatory agencies.
17)Prior to commencement of development, including, but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the applicant
shall provide a Lake Management Plan per LDC 6.06.03.
18)Prior to issuance of a Vegetation Removal Permit or Exemption, a professional cultural
resources assessment survey per State protocol shall be provided, as conditions in
this area are favorable for the presence of archeological and historical properties.
File No.: CU-3202226336 Resolution No. 2023-135
Page 4
19)Prior to commencement of development, including but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the
submitted cost estimate for the reclamation of the mine (i.e., a reclamation bond)shall
be approved by staff per LDC 6.06.01.6.2.
20) If mining operations cease for twelve (12) months, the Conditional Use Permit shall
expire. The reclamation plan improvements and plantings shall be completed within
one (1) year.
21)The mining operation and reclamation plan shall not allow burying of non-organic
debris, litter, junk or equipment.
22)Required monitoring and annual reporting to the County of noise and vibration after
the beginning of the mining operation to ensure compliance with the County's Noise
Ordinance and the Florida Department of Transportation's (FDOT) requirements in
protecting existing structures from construction vibration.
23)The mining operator shall adjust the hauling operation hours if traffic safety concerns
arise (from St. Lucie County, St. Lucie County Schools at nearby school sites,
including the Allapattah Flats School).
24)The mining operator shall fund and support the completion of a School Bus Stop
Shelter with adequate lighting and safety provisions located adjacent to the Glades
Cut Off Road corridor, in coordination with the St. Lucie County School District, to
support safe staging of school children in the area of mining and hauling activities.
25)In addition to any other penalty and remedy for violation of the County's Land
Development Code or Code of Ordinances, this conditional use approval may be
revoked for violation of any condition imposed upon such approval, and 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 LDC Section 11.00.04, unless the permittee consents to a revocation
of the permit. If the permittee provides written consent to the revocation to the Planning
& Development Services Director, the Director shall revoke the permit and notify the
Board of County Commissioners of the revocation.
B. The property on which this Conditional Use Permit is being granted is described
as follows:
Legal Descriptions:
Mine Site:A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 37 SOUTH, RANGE 38 EAST
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 37 SOUTH, RANGE
38 EAST; THENCE NORTH 0°28'03"WEST ALONG THE EAST LINE OF SAID SECTION 9 AND
THE WEST LINE OF CARLTON ROAD RIGHT OF WAY, A 100 FOOT RIGHT OF WAY A
DISTANCE OF 2,608.75 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID
EAST LINE OF SECTION 9 AND THE WEST LINE OF SAID CARLTON ROAD RIGHT-OF-WAY
NORTH 89°21'01" WEST A DISTANCE OF 2,661.10 FEET TO THE WEST LINE OF THE EAST
'/2 OF SAID SECTION 9; THENCE NORTH 89°21'01" WEST A DISTANCE OF 19.02 FEET;
File No.: CU-3202226336 Resolution No. 2023-135
Page 5
THENCE NORTH 0°32'15" EAST A DISTANCE OF 2,689.60 FEET; THENCE SOUTH
89°21'09"EAST A DISTANCE OF 0.06 FEET TO THE WEST LINE OF THE EAST '/2 OF SAID
SECTION 9; THENCE SOUTH 89°21'09"EAST A DISTANCE OF 2,632.88 TO THE EAST LINE
OF SAID SECTION 9 AND THE WEST RIGHT-OF-WAY LINE OF CARLTON ROAD; THENCE
SOUTH 0°28'03" EAST ALONG THE EAST LINE OF SAID SECTION 9 AND THE WEST RIGHT-
OF-WAY LINE OF CARLTON ROAD A DISTANCE OF 2690.22 FEET TO THE POINT OF
BEGINNING.
CONTAINING: 164.03 ACRES MORE OR LESS.
with the following land encompassing the Haul Road to Glades Cut Off Road
Haul Road Parcels (Overall)
A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 37 SOUTH, RANGE 38 EAST AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 37 SOUTH, RANGE
38 EAST; THENCE NORTH 0°28'02" WEST ALONG THE WEST LINE OF SAID SECTION 10
AND THE WEST LINE OF CARLTON ROAD RIGHT OF WAY, A 100' RIGHT OF WAY A
DISTANCE OF 2,608.75 FEET; THENCE DEPARTING SAID EAST LINE OF SECTION 9 AND
THE WEST LINE OF SAID CARLTON ROAD RIGHT OF WAY NORTH 89°21'01" WEST A
DISTANCE OF 1330.55 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°10'03"
EAST A DISTANCE OF 2,608.53 FEET TO THE SOUTH LINE OF SECTION 9; THENCE NORTH
89°21'02"WEST ALONG THE SOUTH LINE OF SECTION 9 A DISTANCE OF 1,344.21 FEET TO
THE SOUTH QUARTER CORNER OF SECTION 9; THENCE NORTH 89°21'01" WEST ALONG
THE SOUTH LINE OF SECTION 9 A DISTANCE OF 39.56 FEET; THENCE DEPARTING THE
SOUTH LINE OF SECTION 9 NORTH 03°44'16" EAST A DISTANCE OF 36.53 FEET; THENCE
NORTH 00°32'20" EAST A DISTANCE OF 2,571.80 FEET; THENCE SOUTH 89°21'01" EAST A
DISTANCE OF 19.02 FEET TO THE WEST LINE OF THE EAST '/2 OF SAID SECTION 9;
THENCE SOUTH 89°21'01" EAST A DISTANCE OF 1,330.55 FEET TO THE POINT OF
BEGINNING.
CONTAINING 81.77 ACRES MORE OR LESS.
TOGETHER WITH
PARCEL I
ALL OF SECTION 16, TOWNSHIP 37 SOUTH, RANGE 38 EAST, LESS AND EXCEPT THOSE
PARTS THEREOF DESCRIBED AS FOLLOWS
(1) THAT PORTION LYING SOUTH ANO EAST OF THE NORTHWESTERLY RIGHT OF WAY
LINE OF GLADES CUT OFF ROAD AS CONVEYED TO ST. LUCIE COUNTY, FLORIDA, BY
RIGHT OF WAY DEED RECORDED IN DEED BOOK 245, AT PAGE 105, ST. LUCIE COUNTY,
FLORIDA PUBLIC RECORDS.
(2)THAT PART OF THE EAST 60 FEET OF SAID SECTION 16 LYING NORTH OF GLADES CUT
OFF ROAD (3) THE NORTH 30 FEET OF THE EAST HALF OF SAID SECTION 16 LESS THE
EAST 60 FEET THEREOF.
(4)FROM THE NORTHWEST CORNER OF SAID SECTION 16, RUN SOUTH ALONG TI-E WEST
LINE OF SAID SECTION A DISTANCE OF 59.5 FEET TO THE SOUTH LINE OF AN EXISTING
GRADED DIRT ROAD; THENCE RUN NORTH-EASTERLY 1660 FEET TO A POINT ON THE
NORTH LINE OF SAID SECTION 16 WHICH IS 1658.93 FEET EAST OF POINT OF BEGINNING;
THENCE RUN WEST ALONG NORTH SECTION LINE TO POINT OF BEGINNING,
PARCEL II
File No.: CU-3202226336 Resolution No. 2023-135
Page 6
THE NORTH 30 FEET OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 16, TOWNSHIP 37
SOUTH, RANGE 38 EAST, LESS THE EAST 60 FEET AS DESCRIBED IN O.R. BOOK 36, PAGE
132, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
PARCEL III
THE NORTH 30 FEET OF THE WEST % OF THE EAST 1/2 OF SECTION 16, TOWNSHIP 37
SOUTH, RANGE 38 EAST.
CONTAINING 648.40 +/-ACRES
Locations: 10241 Carlton Road & Approximately 11085 Carlton Road (Haul
Road), Port St. Lucie, FL 34987
Parcel ID#s: (Proposed Mine) 4209-123-0050-000-6, 4209-113-0050-000-5,
4209-121-0050-000-0, & 4209-111-0050-000-9 and
(Haul Road) 4209-421-0050-000-1, 4216-111-0001-020-9 &
4216-111-0002-000-0
Acknowledging that Hauling will occur within the "Proposed Mine"
Parcels, with no mining within the Haul Road parcels.
C. The approvals granted by this resolution shall expire within one year, unless a
mining permit is secured within 12 months from the date of approval, or an
extension is granted in accordance with the provisions of Section 11 .07.05(F) of
the St. Lucie County Land Development Code.
D. The developer is advised as part of this Conditional Use approval for M Ranch
Mine, including any successors in interest, the developer 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 and Building Departments prior to the
commencement of any development activities on the property described in Part
B. Issuance of this permit 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.
E. The conditions set forth in Part A are an integral non-severable part of the
Conditional Use Permit granted by this resolution. If any condition set forth in this
Resolution is determined to be invalid or unenforceable for any reason and the
developer declines to comply voluntarily with the condition, the Conditional Use
Permit approval shall become null and void.
F. This Conditional Use Permit shall be deemed to authorize only the particular use
File No.: CU-3202226336 Resolution No. 2023-135
Page 7
for which it was issued and shall automatically expire and cease to be of any force
or effect if such use shall, for any reason, be discontinued for a period of twelve
(12) consecutive months.
G. A copy of this Resolution shall be placed on file with the St. Lucie County Planning
& Development Services Department and provided to the developer and agent of
record as identified on the application.
H. This Resolution shall be recorded in the Public Records of St. Lucie County.
PASSED AND DULY ADOPTED this 5th day of October, 2023.
After motion and second, the vote on this resolution was as follows:
Commissioner Cathy Townsend, Chair Recused
Commissioner, Linda Bartz, Vice-Chair AYE
Commissioner Chris Dzadovsky AYE
Commissioner Larry Leet NAY
Commissioner Jamie Fowler AYE
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
15(2:
1)
e-Ch, it
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
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„if a eet: v I A foi 4 (400
DEPUTY CLERK * Avtg, * OUN Y ATTO'
File No.: CU-3202226336 Resolution No. 2023-135
Page 8
File No.: CU-3202226336 Resolution No. 2023-135
Page 9
Exhibit A
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File No.: CU-3202226336 Resolution No. 2023-135
Page 10
Exhibit B
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File No.: CU-3202226336 Resolution No. 2023-135
Page 11
MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 5283636 OR BOOK 5089 PAGE 1869, Recorded 12/29/2023 02:30:52 PM
Resolution 2023-135
File No.: CU-3202226336
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY FOR A CONDITIONAL USE PERMIT TO
MINE AND QUARRY ON +/-164 ACRES GENERALLY LOCATED AT
10241 CARLTON ROAD, INCLUDING A DESIGNATED HAUL ROUTE
THROUGH +/- 730 ACRES TO GLADES CUT OFF ROAD WITHIN
THE AG-5 (AGRICULTURAL — 5) ZONING DISTRICT IN ST. LUCIE
COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to findings in the staff report, has
made the following determinations:
M Ranch Resources, LLC presented a petition for a Conditional Use Permit to mine
and quarry on approximately 164 acres on the west side of Carlton Road, with
mining activities for seven (7) to ten (10) years, with mining operations up to twelve
(12) hours per day and six (6) days per week, Monday through Saturday (see
Condition of Approval #5 limiting mining operations to 7:00 am to 6:00 pm, Monday
through Friday), and a proposed Haul Road to extend along the western perimeter
to Glades Cut Off Road across the applicant's property, in the AG-5 (Agricultural
— 5) Zoning District, as legally described in Paragraph B and depicted on the
attached map as Exhibit A.
2. St. Lucie County Planning and Development Services staff has performed the
required land use analysis for this application.
3. On June 15, 2023, the Planning and Zoning Commission held a public hearing on
the petition, after publishing a notice of such hearing and notifying by mail all
owners of property within 500 feet of the subject property. After discussion, the
Commission passed a unanimous motion to recommend approval with conditions
and an alternative haul route.
4. On August 22, 2023, the Board of County Commissioners held a public hearing on
the petition, after publishing a notice of such hearing and notifying by mail all
owners of property within 500 feet of the subject property.
5. The project is consistent with the general purpose, goals, objectives, and
standards of the St. Lucie County Comprehensive Plan and the St. Lucie County
Land Development Code.
6. The project will not have an undue adverse effect on adjacent property, the
character of the neighborhood, traffic conditions, parking, utility facilities, or other
matters affecting the public health, safety, and general welfare.
File No.: CU-3202226336 Resolution No. 2023-135
Page 1
OR BOOK 5089 PAGE 1870
7. All reasonable steps have been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through operational design, site design,
landscaping, and screening.
8. The project will be operated so as not to interfere with the development and use of
neighboring property, in accordance with applicable district regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.07.05 of the St. Lucie County Land Development Code, the
proposed Conditional Use Permit for the M Ranch Mine, which included a
commitment to track and submit a voluntary annual contribution to St. Lucie County
at a value of $0.05 per ton of material transacted from the mine, is hereby approved
on the property described in Paragraph B and displayed in Exhibit A, as presented
in the Conditional Use Plan (Site Plan) prepared by Captec Engineering, dated
July 14, 2023 as contained in Exhibit B, subject to the following conditions of
approval:
1) Prior to deeming the Mining Permit application as Complete, the applicant shall supply
a report proving no evidence of or projected saltwater intrusion or reduction of quality
and quantity of well water and existing bodies of water will occur to nearby properties
due to the mining operations.
2) Prior to issuance of a Mining Permit, an on -site water supply well and septic system
shall be incorporated within the Site Plan to serve employee needs.
3) Prior to issuance of a Mining Permit, a dump truck registration and hauling route plan
shall be submitted and accepted to ensure all dump trucks accessing the mine are
registered (proposed through an RFID program) and actively display a placard for but
not limited to the following purposes:
a. Avoid unauthorized truck trips on Carlton Road or staging in the right-of-
way.
b. Enhance accountability for compliance to roadway speed limits and traffic
laws.
c. Ensure drivers comply with mine safety standards and training
requirements.
4) Prior to issuance of a Mining Permit, the applicant shall submit a comprehensive
hydrological study demonstrating the mining plan will not have an undue adverse effect
upon nearby properties. The study shall verify the mine will be constructed, arranged,
and operated so as not to adversely affect or interfere with established or potential
water supply wells essential for the development and use of nearby properties. In
addition:
a. The Board of County Commissioners' action to issue the Mining Permit is
contingent upon Board Approval of the hydrological study findings, which
File No.: CU-3202226336 Resolution No. 2023-135
Page 2
OR BOOK 5089 PAGE 1871
must demonstrate the mining operation plan will not have an undue
adverse effect upon nearby property (LDC Section E. 2. a. & d.).
b. Groundwater monitoring compliance wells shall be established with
required reporting on a regular basis (monthly or quarterly). The developer
shall present, establish and maintain a groundwater monitoring plan for
Board approval which includes a baseline comparison and provide a
continuous monitoring program that encompasses water quantity and
quality as part of the required reporting to the County.
c. The developer shall develop a Contingency Plan for Board approval that
includes thresholds and immediately investigates and addresses any
claims of negative water impacts to the nearby sites, including the Fish
Farm.
d. The developer shall provide a bond or similar surety in a form that is subject
to the approval of the County Attorney in an amount sufficient to cover the
costs of any undue adverse impacts of the mine on nearby properties,
including but not limited to investigative efforts to validate claims, providing
potable and non -potable water on an emergency basis, well replacement
or mitigation, and catastrophic loss as a result of the mining operations
during the term of the mining permit.
e. Additional hydrological analysis shall be performed at mining reaches initial
depths of 25ft., 35ft, and 45ft., to ensure that mining operations will not
have any adverse impacts to the water quality or quantity. The analysis
must consider drawdown, seasonal fluctuations, drought conditions,
acidification, sedimentation and contamination at a minimum.
5) The hours of operation for the mine shall be limited to 7:00 am to 6:00 pm, Monday
through Friday. No additional operation of the mine will be permitted unless the Board
of County Commissioners approves a Conditional Use Permit Adjustment. Hauling
activities shall be limited to 8:00 am to 5:00 pm.
6) There shall be no blasting permitted within the mining operation. Blasting is the
controlled use of explosives and other methods, such as gas pressure blasting
pyrotechnics, to break rock for excavation.
7) The Conditional Use Permit shall always comply with the St. Lucie County noise
ordinance, pursuant to Section 28-110 — Sound Level Limitations.
8) All on -site excavators, dump trucks, cranes, or similar equipment shall be equipped
with a White Noise Back -Up Alarm, approved by the Occupational Safety & Health
Administration (OSHA), pursuant to Title 29 CFR 1926.601(b)(4) and
1926.602(a)(9)(ii).
9) All Category I invasive plant species shall be removed within eighteen (18) months of
required landscape installation per LDC 7.09.06.
10) Prior to haul route use, regardless of the access location on Glades Cut Off Road, a
southbound right turn lane at the entrance to the haul route shall be constructed.
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OR BOOK 5089 PAGE 1872
11) The proposed berm parallel to Carlton Road shall be a minimum of twelve (12) feet in
height, above the crown of the roadway, and landscaped and maintained by the
applicant in accordance with the presented Landscape Plan. Oversized tree and shrub
plantings shall be demonstrated with the final Major Site Plan based upon a planned
stockpile height not to exceed 50ft. If noise levels from dewatering pumps or similar
equipment exceeding allowable levels, specific strategies shall be implemented to
dampen noise impacts on adjacent property to ordinance limits.
12)The Mine shall maintain appropriate dust abatement protocols to reduce the spread of
dust particles on adjacent properties.
13) Prior to commencement of development, including but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, an updated
Environmental Impact Report shall be submitted to ERD with updated habitat
descriptions and mapping, updated listed species surveys, and native vegetation
impacts to reflect the new footprint of the haul road.
a. At minimum, a wetland delineation survey shall be provided to the County
and to the state/federal agencies. The applicant acknowledges that moving
forward without a formal wetland jurisdictional determination could result with
the site plan requiring an adjustment should the agencies refute the wetland
delineation.
b. Should jurisdictional wetlands be identified onsite and proposed for either
direct or indirect impacts, a Wetland Waiver Application shall be required.
14) Prior to commencement of development, including but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, listed
species surveys shall be updated as necessary per individual species -specific
requirements. If any listed species impacts are found to be present as a result of these
surveys, appropriate mitigative measures per state and federal agency requirements
shall be provided prior to initiation of any clearing activities.
15) Prior to commencement of development, including but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the applicant
shall provide to the County a Florida Department of Environmental Protection (FDEP)
Air Resources Management System (ARMS) permit or written correspondence from
FDEP stating any potential impacts have been addressed (e.g., no permit required
[NPR]).
16) Prior to commencement of development, including but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the applicant
shall provide the County all approved permits from all pertinent regulatory agencies.
17) Prior to commencement of development, including, but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the applicant
shall provide a Lake Management Plan per LDC 6.06.03.
18) Prior to issuance of a Vegetation Removal Permit or Exemption, a professional cultural
resources assessment survey per State protocol shall be provided, as conditions in
this area are favorable for the presence of archeological and historical properties.
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Resolution No. 2023-135
OR BOOK 5089 PAGE 1873
19) Prior to commencement of development, including but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the
submitted cost estimate for the reclamation of the mine (i.e., a reclamation bond) shall
be approved by staff per LDC 6.06.01.6.2.
20) If mining operations cease for twelve (12) months, the Conditional Use Permit shall
expire. The reclamation plan improvements and plantings shall be completed within
one (1) year.
21) The mining operation and reclamation plan shall not allow burying of non -organic
debris, litter, junk or equipment.
22) Required monitoring and annual reporting to the County of noise and vibration after
the beginning of the mining operation to ensure compliance with the County's Noise
Ordinance and the Florida Department of Transportation's (FDOT) requirements in
protecting existing structures from construction vibration.
23)The mining operator shall adjust the hauling operation hours if traffic safety concerns
arise (from St. Lucie County, St. Lucie County Schools at nearby school sites,
including the Allapattah Flats School).
24)The mining operator shall fund and support the completion of a School Bus Stop
Shelter with adequate lighting and safety provisions located adjacent to the Glades
Cut Off Road corridor, in coordination with the St. Lucie County School District, to
support safe staging of school children in the area of mining and hauling activities.
25) In addition to any other penalty and remedy for violation of the County's Land
Development Code or Code of Ordinances, this conditional use approval may be
revoked for violation of any condition imposed upon such approval, and 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 LDC Section 11.00.04, unless the permittee consents to a revocation
of the permit. If the permittee provides written consent to the revocation to the Planning
& Development Services Director, the Director shall revoke the permit and notify the
Board of County Commissioners of the revocation.
B. The property on which this Conditional Use Permit is being granted is described
as follows:
Legal Descriptions:
Mine Site: A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 37 SOUTH, RANGE 38 EAST
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 37 SOUTH, RANGE
38 EAST; THENCE NORTH 0°28'03" WEST ALONG THE EAST LINE OF SAID SECTION 9 AND
THE WEST LINE OF CARLTON ROAD RIGHT OF WAY, A 100 FOOT RIGHT OF WAY A
DISTANCE OF 2,608.75 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID
EAST LINE OF SECTION 9 AND THE WEST LINE OF SAID CARLTON ROAD RIGHT-OF-WAY
NORTH 89°21'01" WEST A DISTANCE OF 2,661.10 FEET TO THE WEST LINE OF THE EAST
'/ OF SAID SECTION 9; THENCE NORTH 89°21'01" WEST A DISTANCE OF 19.02 FEET;
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OR BOOK 5089 PAGE 1874
THENCE NORTH 0°32'15" EAST A DISTANCE OF 2,689.60 FEET; THENCE SOUTH
89°21'09"EAST A DISTANCE OF 0.06 FEET TO THE WEST LINE OF THE EAST Y22 OF SAID
SECTION 9; THENCE SOUTH 89"21'09"EAST A DISTANCE OF 2,632.88 TO THE EAST LINE
OF SAID SECTION 9 AND THE WEST RIGHT-OF-WAY LINE OF CARLTON ROAD; THENCE
SOUTH 0"28'03" EAST ALONG THE EAST LINE OF SAID SECTION 9 AND THE WEST RIGHT-
OF-WAY LINE OF CARLTON ROAD A DISTANCE OF 2690.22 FEET TO THE POINT OF
BEGINNING.
CONTAINING: 164.03 ACRES MORE OR LESS.
with the following land encompassing the Haul Road to Glades Cut Off Road
Haul Road Parcels (Overall)
A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 37 SOUTH, RANGE 38 EAST AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 37 SOUTH, RANGE
38 EAST; THENCE NORTH 0°28'02" WEST ALONG THE WEST LINE OF SAID SECTION 10
AND THE WEST LINE OF CARLTON ROAD RIGHT OF WAY, A 100' RIGHT OF WAY A
DISTANCE OF 2,608.75 FEET; THENCE DEPARTING SAID EAST LINE OF SECTION 9 AND
THE WEST LINE OF SAID CARLTON ROAD RIGHT OF WAY NORTH 89°21'01" WEST A
DISTANCE OF 1330.55 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°10'03"
EAST A DISTANCE OF 2,608.53 FEET TO THE SOUTH LINE OF SECTION 9; THENCE NORTH
89°21'02" WEST ALONG THE SOUTH LINE OF SECTION 9 A DISTANCE OF 1,344.21 FEET TO
THE SOUTH QUARTER CORNER OF SECTION 9; THENCE NORTH 89°21'01" WEST ALONG
THE SOUTH LINE OF SECTION 9 A DISTANCE OF 39.56 FEET; THENCE DEPARTING THE
SOUTH LINE OF SECTION 9 NORTH 03"44'16" EAST A DISTANCE OF 36.53 FEET; THENCE
NORTH 00°32'20" EAST A DISTANCE OF 2,571.80 FEET; THENCE SOUTH 89°21'01" EAST A
DISTANCE OF 19.02 FEET TO THE WEST LINE OF THE EAST Y2 OF SAID SECTION 9;
THENCE SOUTH 89°21'01" EAST A DISTANCE OF 1,330.55 FEET TO THE POINT OF
BEGINNING.
CONTAINING 81.77 ACRES MORE OR LESS.
TOGETHER WITH
PARCELI
ALL OF SECTION 16, TOWNSHIP 37 SOUTH, RANGE 38 EAST, LESS AND EXCEPT THOSE
PARTS THEREOF DESCRIBED AS FOLLOWS
(1) THAT PORTION LYING SOUTH ANO EAST OF THE NORTHWESTERLY RIGHT OF WAY
LINE OF GLADES CUT OFF ROAD AS CONVEYED TO ST, LUCIE COUNTY, FLORIDA, BY
RIGHT OF WAY DEED RECORDED IN DEED BOOK 245, AT PAGE 105, ST. LUCIE COUNTY,
FLORIDA PUBLIC RECORDS.
(2) THAT PART OF THE EAST 60 FEET OF SAID SECTION 16 LYING NORTH OF GLADES CUT
OFF ROAD (3) THE NORTH 30 FEET OF THE EAST HALF OF SAID SECTION 16 LESS THE
EAST 60 FEET THEREOF.
(4) FROM THE NORTHWEST CORNER OF SAID SECTION 16, RUN SOUTH ALONG TI-E WEST
LINE OF SAID SECTION A DISTANCE OF 59.5 FEET TO THE SOUTH LINE OF AN EXISTING
GRADED DIRT ROAD; THENCE RUN NORTH-EASTERLY 1660 FEET TO A POINT ON THE
NORTH LINE OF SAID SECTION 16 WHICH IS 1658.93 FEET EAST OF POINT OF BEGINNING;
THENCE RUN WEST ALONG NORTH SECTION LINE TO POINT OF BEGINNING,
PARCEL II
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OR BOOK 5089 PAGE 1875
THE NORTH 30 FEET OF THE EAST 112 OF THE EAST 112 OF SECTION 16, TOWNSHIP 37
SOUTH, RANGE 38 EAST, LESS THE EAST 60 FEET AS DESCRIBED IN O.R. BOOK 36, PAGE
132, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
PARCEL III
THE NORTH 30 FEET OF THE WEST'/2 OF THE EAST''/2 OF SECTION 16, TOWNSHIP 37
SOUTH, RANGE 38 EAST.
CONTAINING 648.40 +/- ACRES
Locations: 10241 Carlton Road & Approximately 11085 Carlton Road (Haul
Road), Port St. Lucie, FL 34987
Parcel ID#s: (Proposed Mine) 4209-123-0050-000-6, 4209-113-0050-000-5,
4209-121-0050-000-0, & 4209-111-0050-000-9 and
(Haul Road) 4209-421-0050-000-1, 4216-111-0001-020-9 &
4216-111-0002-000-0
Acknowledging that Hauling will occur within the "Proposed Mine"
Parcels, with no mining within the Haul Road parcels.
C. The approvals granted by this resolution shall expire within one year, unless a
mining permit is secured within 12 months from the date of approval, or an
extension is granted in accordance with the provisions of Section 11.07.05(F) of
the St. Lucie County Land Development Code.
D. The developer is advised as part of this Conditional Use approval for M Ranch
Mine, including any successors in interest, the developer 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 and Building Departments prior to the
commencement of any development activities on the property described in Part
B. Issuance of this permit 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.
E. The conditions set forth in Part A are an integral non -severable part of the
Conditional Use Permit granted by this resolution. If any condition set forth in this
Resolution is determined to be invalid or unenforceable for any reason and the
developer declines to comply voluntarily with the condition, the Conditional Use
Permit approval shall become null and void.
F. This Conditional Use Permit shall be deemed to authorize only the particular use
File No.: CU-3202226336 Resolution No. 2023-135
Page 7
OR BOOK 5089 PAGE 1876
for which it was issued and shall automatically expire and cease to be of any force
or effect if such use shall, for any reason, be discontinued for a period of twelve
(12) consecutive months.
G. A copy of this Resolution shall be placed on file with the St. Lucie County Planning
& Development Services Department and provided to the developer and agent of
record as identified on the application.
H. This Resolution shall be recorded in the Public Records of St. Lucie County.
PASSED AND DULY ADOPTED this 5'h day of October, 2023.
After motion and second, the vote on this resolution was as follows:
Commissioner Cathy Townsend, Chair
Recused
Commissioner, Linda Bartz, Vice -Chair
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Larry Leet
NAY
Commissioner Jamie Fowler
AYE
BOARD OF COUNTY
COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BCof a-
g-Ch, it
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
A. GaMMlSS
X
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j(*�y4n
DEPUTY CLERK * � OUN Y ATTO E
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`Gc�A cou" 'I vo C
File No.: CU-3202226336 Resolution No. 2023-135
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OR BOOK 5089 PAGE 1877
File No.: CU-3202226336 Resolution No. 2023-135
Page 9
OR BOOK 5089 PAGE 1878
- EXhlbIEA
Location Map
No.: CU-3202226336
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Resolution No. 2023-135
OR BO(
File No.: CU-3202226336
Page11.