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HomeMy WebLinkAboutBoard of County Commiss... (13) A RESOLUTION AMENDING SECTION IS-A, MINING, OFT HE COMPREHENSIVE ZONING RESOLUTION OF ST. LUCIE COUNTy, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida. has made the following determinations- l. On October 28, 1982, the St. Lucie County Plan'ning and ZOning Commission held a public hearing of which due notice was published in the Fort Pierce News Tribune and mailed to all property owners~within three hundred {300) feet at least fifteen (15) days prior to said hearing, and recommended to the Board that Section 15-A, Mining, of theiComprehens~ive Zoning Resolution of St. Lucie County, Florida, be amended. 2. The Board held a public hearing on November ued on December 14, 1982, after publishing notice of said November 8, 1982. NOW, THEREFORE, BE IT RESOLVED by the Board of Count ~Commis_ sioners of St. Lucie County, Florida, as foIIows- A. Section 15-A, Mining, of the Comprehensive Zo of St. Lucie County, Florida, is herebY amended to read 'as .... . _ ._SECTION 15-A MINING ]- GENERAL. OIution AIl mining operations shall require approval by the County Commissioners as'hereinafter provided. There are her two (2) classes of mining operation permits as-fo)lows- (a) 'Class I Permit. This class of permit shalI app ~hat do not qualify for a C]ass II I Permit shall be for a period of forty-eight duration and the land OWner/mine operator shal reclaim the land to a suitable condition with following the expiration of the permit or cess activity, whichever first occurs, unless mit is approved. (b) Class II Permit. This class of permit shaI1 apl 6P~ns th-~meet the following qualificati~ (1) The area to be mined invoIves more tha] (20) acres. (2) The type of mining activi~y'involves of lime rock, cemented coquina, shell so]id minera] matter requiring a Io[ mining plan with a substantia] capital in plant and equipment. This Class II Permit shalI be for a period of tw~ years in'duration and the land Owner/mine operat( plete rec]aiming the ]and within twelve {12) mot completion of the excavation activity of each expiration (unless renewed), whichever first oc, the term of this permit, the land owner/mine ope update its mining plan at Ieast Once every fOur as needed to reflect significant changes to the upda{~d plan shall be filed in ~:~Pi]c~{e with an a r by the GOUnty En§ineer as nrov'~ ~:- -- ~P.~val approved mzn,ng"' ' plan shaIl~rem~ui~:~;~t j~i~xJ~'ng~ne up- dated edition is approved by the County Engineer. The updated plan shall be subject to approval by the Board of County Commissioners' in the same manner as an app. for mining when, in the opinion of the County En either of the following conditions exist- (l) The updated plan constitutes a significant change to the approved mining plan; or (2) The operator has failed to meet any requirement of this Section or any provision of the~approved mining plan. Failure timely to file an updated Plan shall render the approved mining plan expired. 2. APPROVAL PROCEDURF. Step 1. Submission of Mining Plan and ApPI~cation. Two (2) copies of the mining plan, IegibIy drawn shall be filed with the County Engineer by the owner or mine Op6r of the land involved. Said plan shalI delineate procedures to as that, upon completion of the mining activity, the land surface left in a suitable condition as provided herein. Said plan shall A.- Legal description and pertinent'dimensions. B.I Side slopes. B.2 (l) (2) From bottom of excavation to a point lying 4.0 below the proposed water table, ~or mining acti involving solid mineral matter, no maximum or for all others, side slopes shall be'limited to maximum of 1.5 feet horizontal to 1.0 feet verti From a poin% 4.0 feet beIow the normal water ta to normal ground surface or the top of the berm required, the side slope shalI be Iimited to a of 4.0 feet horizontaI to 1.0 feet vertical ex that, where the mining activities involve 'matter, the slope from a point 4.0 feet below mal water table to the top of the solid miner may be increased to 2.0 feet horizontal to 1.O vertical. Berm. B.3 It shall be required, except if deemed unnecessary by County Engineer, that a permanent berm be constructed Such berm to be 2.0 feet above natural ground, have a foot top and 4.0 feet horizontal to l.O feet vertical and back slopes. Swale. It shall be required, except if deemed unnecessary by County Engineer, that a permanent swale may be con around all or a part of the excavated area. Such swal shall have a depth of I.O feet minimum to 2.0 feet max with horizontal grade of +0.20% and -0.20% in 500' len, It w/Ii also be determined in fie'Id by County Engineer swal~ihtOas to the necessitYmine area.f°r including outfall culverts from Areas to be developed as lakes, etc. Disturbed. Areas. D.2 All disturbed areas shal! be promptly seeded and with.grass mixtures and rate of application as DOT specifications to establish capable cover dU growing season for which it is applied. Revegetation. Eo Revegetation shall be considered complete upon a reasonable stand of perennial vegetation cover one year after reclamation. The owner/operator ponsible for erosion which occurs during the one y Safeguards to prevent loose sand from blowing onto property. F.I Procedure to be used to identify boundary lines om · F.2 All property Corners shall be marked with poles an~ set in the ground such that the top of the clearly seen with the naked eye from the next boun G. Location and general description of machinery and to be used in any screenings, crushing or process tion for mater/Ms mined or excavated on the premi H. A timetable/Schedule for the mining activities from merit through completion of restoration. This sch~ be for the entire operation for a CIass I Permit. cation.~or_.~_Clas~ I~P_ec~it shaI1 contain a genera table for the entire operation and a more specific for the mining activities within the active phase o operation. As the miner moves from one phase to th~ the more specific timetable shall be revised for phase. No mining excavation below adjacent road grade permitted within 150 feet of the right of way line public road or street within a dimension from adjoin erty as determined by the Board of County Commissio~ Said dimensions shall be a minimum of fifteen cept where adjoining property is being used, or has used, for mining, or is owned by the person ma~ir in which cases no minimum set back shall be If the County Engineer determines that the technical requirements for filing, he shall so plans and return one copy to applicant and retain copy. Applicant shall then file application for pub] ~ng and pay the applicable f/ling fee. Step 2. Public Hearing. The Board of County Commissioners shall hoId a Public lng after due public ntoice and shall approve, modify or deny the cation for mining. In approving or modifying an apPlicationfor min the Board may impose such conditions as it deems apPropriate to the f/c mining operation involved. Step 2. ".~erformance Security. If the Board of County Commissioners approve~ the plan as submitted or modified, the Board shall determine, upon receiving the recommendation of the County Engineer, the amount and type of security necessary to assure recIamation. The amount of the security shall be reasonably related to the anticipated cost OfrecIam- ation activity. For a Class II Permit, the security shall be required for only the excavation area within the active phase{s) It is contemplated that the mining activities under a type, II Permit plan will call for mining activities in only one or two phases~of a multi-phase plan at any one time and the permittee Shall not re- quired to post security for areas that are not within the mining activities are being carried on. The Board may tee from the obligation to furnish security upon the wri the permittee for such exemption. The Board in determining ;uch a request should be granted, will consider: .. {1) the financial responsibiIity of the permittee;~ (2) the degree..to which the permittee has complie!d with the provisions of any existing or past approved plan; _ (3) such other matters as the Board may deem appro Pri~t6-~n~-re~6~ant~- ...... Any required security will be released upon certification by t Engineer that reclamation is complete. Step 4. Issuance of Permit_ permit:_ . Following approval of the apPlication of County Commissioners, the applicant shalI post with the able perfOrmance bond or other security in the amJunt establis Board in form approved by the County Attorney, unless the Board exempted the applicant from the security requirement. After the security, if any, and payment by the applicant of the a permit fee, the County Engineer shall issue the mining permit. may commence until a permit is issued. If applicant fails to ity and/or obtain mining permit as provided herein within' 90 d~ lng approval, approval shall automatically terminate. 3. MISCELLANEOUS. A. The County Engineer ~s hereby authorized to enforce provisions hereof and require compliance with the approved mini B. Owners of all existing mines shall, within six {§) of the adoption o( these regulations, file a mining plan and completion bond, Uoth acceptable to the Board of-c~ounty Commissioners, whereupon a mining permit shall be issued. C. The above requirements will not apply where excavations are made solely for drainage purposbs or other simiIar improvements, and where material from said excavations is not sold as a commercial busi- ness. Where excavations are made on publicly owned property Or easements, ~he Board of County Commissioners may authorize an exception from these requirements. D. During construction or development for which a building permit has been issued or a site plan has been approved nd whereexcess a material is excavated incidental to the work, the Board of sioners may authorize an exception from these requirements. County Commissioners reserves the right t° require a mining ptan and/or security. B. The Development Coordinator of St. Lucie hereby authorized and directed to cause the above describe~ be made to the Comprehensive Zoning Resolution of St. Lucie BOARD OF COUNTy COt~ISSI ST. LUCIE COUNTy, FLORIDA ~S FlOrida. ATTEST: STATE OF FLORIDA COUNTY OF ST. LUCIE THE UNDERSIGNED, CLerk of the Board of County Commissio of the County and Sta~e aforesaid, does hereby certify that the and foregoing is a true and correct copy of a resoIution ado said BoaLd of County Commissioners at a meeting held on the of~. ]982. WITNESS hand ~,mY1982. and the seal of said Board this Roger Poitras, Clerk of the of County Commissioners of Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEWS ' 'IBUNE Published Seven Days A Week Lucme County FIb~ido · 'Before ~h.e.u.n.,d, ersign, e.d a.u_thon_'ty perso.nally appeared James J. zvzc~vimen or ~athleen If. LeClmr, who on oath says thaL he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Port Pierce in SL Lucie County, Florida; that the attached copy .of advertisement, being a.. p e t ~ t ion ~ ear in ~. in the matter of.....a, mend Appendix A-mining operations was published in said newspaper in the issues of... zz/8/82 . Affiant further says that the said News Tribune is a newsp er published at Fort Pierce, in said St. Lucie County, Florida, and that the s~ ewspa er has heretofore been continuously published in said St. Lucie Count n . d~;a~y, and. has .b?~n. en_tered as second class mail matter at the -~'-yf _F~l~n~.a, ~each ,' xer~e,'m sma ~t~ Lucie County ~_.~n_ ~ ..... pu~ office In ~'ort . _ ..... -,o,~a, ,Orcopya ofpen°cl o~. one yea next pre- ceding the first publication of the attached advertisement; _~rnd .'.~f~. rt~i a;~~~ ~s neither paid nor promised an erson_ ' affiant_ '-';.u,°n,:,~ >~.,di~c~t._~ ~bate commio-; .......... Y.P , firm or corpora- · Sq'-~' '.e~. .;; .... ~ ;-'I~ ~'~& ~ b~te ~alCt newsDaner : ",~,~'~'~,,~,=.~$q §~P..~ b~l-before me '-" ' ' -:~ ,o',~'~ -~"_~-.?:,.~:~ ~'~-- -, '-'-"'~E:-:~=-'-==----~---~.....~::=~.5--J~c- · :--~-..'~- f../ a~ut,uzy/-'UoLlC'- ' --- :':-:: ~F F~;..';:ID~. A7 L;,;'C~ ~ acre~= .. '*of the~ phase proved J~Jli ~..v ~ n~z~tal ~ 1.0 .... B3 Swale i u~m~un~ by fha C~ [ ~ ~i~, that a ~rmane~ . f- swine may ~ ~s~ ~ ~.~.O ~t mlnim~ ~ ~ax~mum , wlth'::h~ai . ~ ~ ~gf~.:-lf ~ at~. ;~Picl/icaflon~ ~_~ I~__ - ~ ...... ~,,~ ~* "mon~ratmg ~ ~reas-onabll? ~'wlll .M respons~le ~.~er~~ ' ~' ~::whl~ ~curs during~-~e ~.~: ~:~ ~T -..~: -: :~. ~- ~ . '.: ~ a~ i~-wI~ ~1~ ~]nf~ ~ G. Location .and ~ ~rlpfi~ of ..... general ~l s ~ q~ in any ~ · trueing ~. or lerlalS ~ - H ~u--~*~mp~mj~-~ ~mlni~ a~l ...... la for ' f .or mf~a~-- ~- p.eTIms . "~ erm]t. The applicatl~ :'. e Class ! I P~mlt shall ~ · ~al flmetak,. ,__ .... ~ tl~fabM '~ ~or~ ~ciftc ~ flvf '- me mlmng -ac- .~~,_1 ~ W~in the e~Ive p~ of t~ ~ pna~ ~ the ~xt, ' [~ m~e ~ific timetable O mmmg eX~vat~n ~low ~ ia~nt r~d grade shall ~ ~it- ; ~ within 1~ f~t of thert ht way I1~ g , ~:_~ . .;~[ any public r~ ~ w~mm-a dimension · djolning pr~ as d by the ~ra ~* ~. . e~rmt~ -':~'~ .1~ ~lmensionl shell a minimum of fi- t v '~n(15) f~tex- ~ here adjoining pr~ ~In u~, ~ has ~n u~, ~ mai g ePPli~fion in which ~casn ~lr~.~ minimum ~f ~ck shall ~_~f ~e ~nty Engl~r · mm~ s that the plans m~t ~h~ tcai ~ulrements for illin ~ sh Ii~ ~ note o- *~- - g' . me ~ i pubih: ~arlnn e-~'z -Z ..... . S~ 2. P~b~'Hearlna m~..;~he Board of ~u~ Corn ~':'~J~ ~ali hold .a~t._ -- uue public n~l~ i~. ~ 3. Pe~m.~'~uri.- amount .of mining Permit and ess -,than: ~om~ ~hall of : by ~Yment com. the require exlsti~g' -- of )mon~ . days ' C. Per?'_ will not ' POSes put.- ' from Im~ - exca SOld BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 1982 PUBLIC HEARi~G -.ZONING - MINING - REGULATIONS FOR ROCK MINE PUblic hearing continued from moo'ting of November 23, 19 Board of County Commissioners to amend Appendix A of County Zoning Regulations, Section 15~A,. Mining. This matter was discussed at the work session yesterday at Which tame Atty. Harrell distributed copies showing the proposed changes. ' o takesAtt~'threeT°lS°nor was present and said tho type of mining they , in four years to get a mine running-and the Boarc their permit which would be for'twenty years ~er- four years. Mabelshe hadFawsett'no reasonWh°nowhadtoPrevi°usly objected to granting them .said ask the Board to deny the permit as Moved by Com. Green, seconded by Com. Snyder to approve the the Zoning Resolution and, upon roll call, motion, carried unan BOA.RD OF COUNTY COMMISSION NOVEMBER 23, ]982 PUBLIC HEARING - MINING Proof of Publication presented for Petition of Board of COunty Commission- ers to amend Appendix A of County Code of Ordinances, Section 15-A, Mining. Zoning Regulations, John Tolson was present representing Fl. Rock Industries with Nat Hughes of the Company. They are asking for a twenty-year renewal period. They have been working with Eng. Baggett and Gary Ament in developing this proposal. Planning & Zoning Commission recommended approval of this ipetition. Mabel Fawsett objected saying changes should be made to protect the and distributed her written comments to the Board. Jeff Furst objected saying if the Board adopts this now they sill have to do it again in a couple of months with the new Ordinance and waSi¢ ~ncerned about such a long period as twenty years. Com. Snyder said he felt twenty years was too long and would ~ike it brougI%back to a work session. Moved by Com. Snyder to table this until 9:00 AoM. Dec. 14th of the public hearing and put it on the work session Dec. 13th, ise4 ~n Com. Fenn and, upon rol~ call, motion carried unanimously. County _COMME~%S ON AMENDING~ _ .APPENDIX.. A, ~ONING · (1) 1. (c) For,all mining operations, the work shall be segmented by time periods as 1 year or 2 years, within which time designated stages of the whole operation, designated as to location within the pro- ject ~ work contemplated, shall be completed with complete or assured, if the early segments and reclaimed on schedule, permit becomes void as to further segments of the operation. (d) Every property owner within 500 feet shall be. notified by mail, as well as by newspaper advertisement, and given :opPortunity to protest. It shall be recognized that disorderly mines Such as those on South side, of Airport Rd. may be destructive of Value, especially residential of surrounding property in a radius~ of ever 500 feet. (2) Sec. 2 - A_~val... Procedure. c. The reclamation plan should be detailed & reviewed by both the County Engineer & the Zen~, Where several thousand cubic yards of mined m~ from an acre of land, with Perhaps as many yards heaped into huge piles 10 or more feet high, & project is abandoned with stockpiles of the min~ unsold & still in piles, drastic & major damage the natural condition of the property. This is obviously true of the topography, Als nature of the mined material, quite possibly to the soil which now becomes the surface soil. The maximum possible cost of such reclamation far beyond the maximum $~008~provided. The Cci should supply a realistic figure based on costs, reviewing applicants work plans, of the backfill.in struction & levellin_g., including levelling piles o overburden & reseeding. We might be facing costs $10,000. The security need be available on only the acreage of the project on which work is in progress. (3) E. Also there should be safeguards to nearby resident sand, against the destruction of fragile neighborh~ dump trucks using, in all weather, unimproved roads adequate only for limited passenger vehicle travel H. A Cim~table shall be filed with application for pe: (4) Step 3 (4) Performance Security shall be allocated or stage and shall be released only when this s completed to the approval of the County Engineer. (5) I. The miner shall pay a Permit fee in am[~unt suffici · ~periodic (like monthly) 'inspection. ~R is a new concept in o ~-~ -~-' County, where ~hould be are removed ;erburden perhaps the erial left done to con - aside area of bl~.wing it MINING Page 1 Part 1. (b) Class II Permit. Add the following sentences to the end of the Part: The updated plan shall be subject to approval by the Board of County Commissioners in the same manner as an application for mining when, in the opinion of the County Engineer, either of the following conditions exist: (1) The updated plan constitutes a significant change to the approved mining plan, or (2) The operator has failed to meet any requirement of this Section or any provision of the approved mining plan. Failure'timely to file an updated plan shall render the approved mining plan expired. Page 3 Step 2. Public Hearing. Add the following Sentence to the end of the Step: In approving or modifying an application for mining, the Board may impose such conditions as it deems appropriate to the specific mining operation involved. Step 3. Performance Security. Amend the first two sentences of' the Step to read as follows: If~he Board of County Commissioners approves the plan as submitted or modified, the Board shall determine, upon receiving the recommendation of the County Engineer, the amount and typeof security necessary to assure reclamation. The amount of the security shall be reasonably related to the anticipated cost of reclamation activity.~· AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY NOVEMBER 23, 1982 9:00 A. M. Petition of the BOARD OF COUNTY C05~ISSiONERS to amend Appendix A of St. Lucie County Code of Ordinances, Zoning Regulations, Secti6n 15-A, Mining to read as follows: Section !5-A, Mining 1. Ail mining operations shall require approval of the Board of County Commissioners as hereinafter provided. There are hereby established two (2) classes of mining operation permits as follows: (a) Class I Permit. This class of permit shall apply to all--mi~ing-operations that do not qualify for a Class II Permit. A Class I Permit shall be for a period of forty-eight (48) months in duration and the land owner/mine operator shall be required to reclaim the land to a suitable condition within six (6) months following the expiration of the permit or cessation of mining activity, whichever first occurs, unless renewal of such permit is approved. (b) Class II Permit. This class of permit shall apply to mi~in--~op-e-~tions that meet the following qualifications: (i) The(20) area acres, to be mined involves more than twenty (2) The type of mining activity involves the ex- cavation of lime rock, cemented coquina, shell rock or other solid mineral matter requiring a long-term phased mining plan with a substantial capital investment in plant and equipmen-t. This Class II Permit shall be for a period of twenty (20) years in duration and the land owner/mine operator must complete reclaiming the-land within twelve (12) months following completion of the e~vcavation activity of each phase or permit expi- ration (unless renewed), whichever first occurs. During the term of this permit, the land owner/mine operator shall update its mining plan at least once every four (4) years or as needed to reflect signifi- cant changes to the plan. The updated plan shall be filed in duplicate with an approval by the County Engineer as provided herein. The existing approved mining plan shall remain in effect until the up- dated edition is approved by the County Engineer. 2. APPROVAL PROCEDURE. Step ~1. $_ub~mission of Mining Plan and ' Two (2) co~- ~ ~l~ _Application. shall be f~ ~ ~Llnlng plan, legi~wn to scale, led with the County Engineer by the owner or mine operator of the land involved. Said plan shall de- line,re procedures to assure that upon completion of the mining activity, the land surface small be left in a suitable conditio~n~ as provided herein. Said plan~ shall show: A. Legal description and pertinent dimensions B.1 Side Slopes. ' (i) From bottom of excavation to a point lying 4.0 feet below the proposed water table; for mining activities involving solid mineral matter, no maximum or mlnimum; for all others, side slopes shall be limited to a maximum of 1.5 feet horizontal to 1.0 feet vertical. (2) From a point 4.0 feet below the normal water table to normal ground surface or the top of the berm, if required, the side slope shall be limited to a maximum of ~ 0 feat horizontal to ].0 f ~ -' - eec vertical except that, where the mining activities involve solid mineral matter, the slope from a point 4.0 feet below the normal wager table to the top of the solid mineral matter may be increased to 2.0 feet horizontal to 1.0 feet v ~' . erclcal B.2 Berm. kt shall be required, except if deemed unnecessary by the County Engineer, that a permanent berm be constructed. Such berm to be 2.0 feet above natural ground, have a three foot top and 4.0 feet horizontal to 1.0 feet vertical front and back slopes. B.3 Swale. - It s~al! be required, except if deemed unnecessary by the County Engineer, that a permanent swale may be constructed around all or a part of the excavated area. Such swale shall have a depth of 1.0 feet minimum to 2.0 feet maximum with horizontal grade of +0.20% and -0.20% in 500' lengths. It will also be determined in field by County Engineer as to the necessity for including outfatt culverts from swale into mine area. C. Areas to be developed as lakes, etc. D.1 Disturbed Areas. All disturb---~areas shall be promptly seeded and mulched with grass mixtures and rate of application as per Florida DOT specifications to establish capable cover during the growing season for which it is applied. D.2 Revegetation. Revegetation shall be considered complete upon demon- strating a reasonable stand of perennial vegetation cover established one year after reclamatiom. The owner/operator will be responsible for erosion which occurs during the one year period. E. Safeguards-to prevent loose sand from blowing onto adjacent property. F.1 Procedure to be used to identify boundary .l~nes on site. - F.2 Ail property corners shall be marked with poles painted red and set in the ground such that the top of the pole can be clearly seen with the naked eye from the next boundary marker. Location and general description of machinery and equipment to be used in any screenings, crushing or processing operation for materials mined or ex- cavated on the premises. A timetable/schedule for the mining activities from commencement through completion of restoration. This schedule shall be for the entire operation for a Class I Permit. The application for a Class II Permit shall contain a general timetable for the entire operation and a more specific timetable for the mining activities within the active phase of the operation. As the miner moves from o~e phase to the next, the more specific timetable shall be revised for the new phase -2- No mining excavation below adjacent road grade shall be permitted within 150 feet of the right-of-way line of any public road or street within a dimension from adjoining property as determined by the Board of County Commissioners. Said dimensions shall be a minimum of fifteen (15) feet except where adjoining property is being used, or has been used,' for mining, or is owned by the person making application in which cases no minimum set back shall be required. If the County Engineer determines that the plans meet technical requirements for filing, he shall so note on the plans and return one copy to applicant and retain the other copy. Applicant shall then file application for public hearing and pay the applicable filing fee. Step 2. Publi? Hearing. The Board-of C°uht~-Commissioners shall hold a publ~ hearing after due public notice and shall approve, modify or deny the application for mining. Step 3. Performance Security. if the Board of County CoMmissioners approves the as submitted or modified, the Board shall determin amount and type of security deemed appropriate to that reclamation will be accomplished. The amount security shall be reasonably related to the antic2 cost of reclamation a =' c~mvlty, but shall be no less $!00 per acre and no more than $!,000 per acre of t area to be excavated. For a Class ii Permit,. the s~curity shall be required for only the excavation within the active phase(s) of development. It is cc plated that the mining activities under a type ii p~ plan will call for mining activities in only one or phases of a multi-phase plan at any one time and th permittee shall not be required to post security that are not within the phase(s) where mining acti~ are being carried on. The Board may exempt ape from the obligation to furnish security upon the inrequestd ~ of. the. permittee for such exemption. The B, euermlnmng whether such a request should be gr~i will consider: (!) the financial responsibility of the permitte (2) the degree to which the permittee has compl~ with the provisions of any existing or past approved plan, (3) such other matters .as the ~Board may deem appropriate and relevant. Any required security will be released upon certifica by the County Engineer that reclamation is complete. Step 4. Issuance of Permit. Follow~ng-~-proval of the application by the Board County Commissioners, the applicatn shall ost County a suitable metro .... = .... P wmth the amoun~ established by the Board in form approved the County Attorney, unless the Board has exempted applicant from the security requirement. After appr( of the security, if any, and ~ayment by the applicant the appropriate permit fee, nne County Engineer shall issue the mining permit. No mining may commence unti permit is issued, if 'applicant-fails to post securi and/or obtain mining permit as provided herein with 90 days following approval approval shall automatic~ terminate. ' 3. MISCELLanEOUS. A. The County Engineer is hereby authorized to enfor~ the provisions hereof and require compliance with the approved mining plan. -3- B. Owners of all existing mines shall, within six (6) months of the adoption of these regulations, file a mining plan and post a completion bond, both acceptable to the Board of County Co~u~issioners, whereupon a mining permit shall be issued. C. The above requirements will not apply where ex- cavations are made solely for drainage purposes or other similar improvements, and where material from said excavations is not sold as a commercial business. Where excavations are made or easements, the Board of authorize an exception from these requ!rements. D. During construction or development building permit has been issued or been approved and where excess material is as incidential to the work, the Board of County missioners may authorize an exception from requirements. The Board of County Commiss] reserves the right to require a minin~ plan security. ~ Prior to this public hearing, notice of the same was published in the News Tribune at least 15 days prior to hear ~UBLIC HEARING: PLANNING AND ZONING COMMISSION OCTOBER 28, 1982 Petition of the Board of County Commissioners to St. Lucie County Code of Ordinances, Zoning Regulations, Section 15-A, Ament.Mining was tabled to later in the meeting to await the arrival of ~. PUBLIC HEARING: amend Appendix'A of Petition of the Board of County Commissioners to amend A of St. Lucie County Code of Ordinances, Zoning Regulations 15-A, Mining to read as follows: , ion Section 15-A, Mining 1. All mining operations shall require approval of the Board of County Commissioners as hereinafter provided. There are hereby established ~two (2) classes of mining operation permits as follows: (a)to Class allI Permit.. . _ This class of permit shall apply mining operations that do not qualify for a Class II Permit. A Class I Permit shall be for a period of forty-eight (48) months in duration and the land owner/mine operator shall be required to reclaim 'the land to a suitable condition within six (6) months following the expiration of the permit or cessation of mining activity, whichever first occurs, unless renewal of such permit is approved. (b) Class II Permit. ~tionT~is class of permit shall apply qualifications: that meet the following (1) The(20) area acres, to be mined involves more than twenty (2) The type of mining activity involves the ex- cavation of lime rock, cemented coquina, shell rock or other solid mineral matter requiring a long-term phased mining Plan with a substantial capital investment in plant and equipment. This Class II Permit shall be for a period of twenty (20) years in duration and the land owner/mine operator must complete reclaiming the-land within twelve (12) months following completion.of the ~vcavation activity of each phase or permit expi- ration (unless renewed), whichever first occurs.-~ During the term of this permit, the land owner/mine operator shall update its mining plan at least once every four (4) years or as needed to reflect signifi- cant changes to the plan. The updated plan shall be filed in duplicate with an approval by the County Engineer as provided herein. The existing approved mining plan shall remain in effect until the up- dated edition is approved by the CountY'Engineer. 2. APPROVAL PROCEDURE. Step 1. Submission of Min' minelo~_~led ~lth the CoUn En~i ~b~y ~awn to scale, ~. ~=~=or oI the land .inv6~.._~ =~z.~y ~he owner or ±!ne@re procedures to as~ ..... ~u. sald-p±an shall de- mining activity, the land surface shall be left in a ~= una= upon completion of the suitable conditio~ as provided herein Said plan shall show: . A. Legal descriptiOn and pertinent dimensions B.1 Side Slopes. ' (1) From b6ttom of excavation to a point lying 4.0 feet below the proposed water table; for mining activities involving solid mineral matter, no maximum or minimum; for all others, side slopes shall be limited to a maximum of i.5 feet horizontal to 1.0 feet vertical. (2) From a point 4.0 feet below the normal water table to normal ground surface or the top of the berm, if required, the side slope shall be limited to a maximum of 4.0 feet horizontal to 1.0 feet vertical except that, where the mining activities involve solid mineral matter, the slope from a point 4.0 feet below the normal water table to the top of the solid mineral matter may be increased to 2.0 feet horizontal to 1.0 feet vertical. B.2 Berm. It shall be required, except if deemed unnecessary by the County Engineer, that a permanent berm be constructed. Such berm to be 2.0 feet above natural ground, have a three foot top and 4.0 feet horizontal to 1.0 feet vertical front and back slopes. B.3 Swale. It shall be requ.ired, except if deemed unnecessary by the County Engineer, that a permanent swale may be constructed around all or a part of the excavated area. Such swale shall have a depth of 1.0 feet minimum to 2.0 feet maximum with horizontal grade of +0.20% and -0.20% in 500' lengths. It will also be determined in field by County Engineer as to the ~ecessity for including outfall culverts from swale into mine area. C. Areas to be developed as lakes, etc. D.1 Disturbed Areas. All d~sturbed areas shall be promptly seeded and mulched with grass mixtures and rate of application as per Florida DOT specifications to establish capable cover during the growing season for which it is applied. D.2 Revegetation. Revegetation shall be considered complete upon demon- strating a reasonable stand of perennial vegetation cover established one year after reclamation- The owner/operator will be responsible for erosion which occurs during the one year period. E. Safeguards to prevent loose sand from blowing onto adjacent property. F.1 Procedure to be used to identify boundary .lines on site. F.2 ~All. property corners shall be marked with poles painted red and set in the ground such that the top of the pole can be clearly seen with the naked eye from the next boundary marker. · G. Location and general description of machinery and equipment to be used in any screenings, crushing or processing operation for materials mined or ex- cavated~on the premises. H. A timetable/schedule for the mining activities from commencement through completion of restoration. This Schedule shall be for the entire operation for a Class I Permit. The application for a Class II Permit shall contain a general timetable for the entire operation and a more specific timetable for the mining activities within the active phase of the operation. As the miner moves from o~e phase -to the next, the more specific timetable shall be revised for the new phase. No mining excavation below adjacent road grade shall be permitted within 150 feet of the right-of-way line of any public road or Street within a dimension from adjoining property as determined by the Board of County Commissioners. Said dimensions shall be a minimum of fifteen (15) feet except Where adjoining property is being used, or has been Used, for mining, or is OWned by the person making application in which cases no mi~imum~set back shall be required. If the County Engineer determines that the plans meet technical requirements for filing, he Shall so note on the plans and return one copy to applicant and retain the other copy. Applicant shall then file application for public hearing and pay the applicable filing fee. Step 2. ~bl.~ ~earing. The Board~f ~ounty Commissioners shall hold a public hearing after due public notice and shall approve Stepmodify 3. or deny the application for mining. ' e Sec ity. If the B°ard '-- ~u~*~u~ ~°mmissi°ners~' approves the plan as submitted or modified, the Board shall determine the amount and ty~e of security deemed appropriate to assure that reclamation will be accomplished. The amount of security shall 'be reasonably related to the anticipated cost of reclamation activity, but shall be no less than $100 per acre and no more than $1,000 per acre of the area to be excavated. For a Class II Permit,. the security shall be required for only the excavation area within the active phase(s) of development. It is contem- plated that the mining activities under a type II permit plan will call for mining activities in' only one or two phases of a multi-phase plan at any one time and the permittee shall not be required to post security for areas that are not within the phase(s) where mining activities are being carried on. The Board may exempt a permittee from the obligation to furnish security upon the written request of the permittee for such exemption. The Board in ~etermining whether such a request should be granted, will consider: (1) the financial responsibility of the permittee, (2) the degree to which the permittee has complied with the provisions of any existing or past approved plan, (3) such other matters as the ~oard may deem appropriate and relevant Any required security will be released upon certification by the County Engineer that reclamation is complete. Step 4. Issuance of Permit. F°ll°win~e application by the Board of County Commissioners, the apPlicatn shall POst with the County a suitable performance bond or other security in the amount established by the Board in form approved by the County Attorney, unless the Board has exempted the applicant from the security requirement. After approval of the security, if any, and Payment by the applicant of the appropriate permit fee,~ t~e County Engineer shall iSSUe t~he mining permit. No mining may commence until a Permit is issued. If apPlicant'fails to post security and/or obtain mining permit as provided herein within 90 days following approval, approval shall automatically terminate. 3. MISCELLANEous. A. The County Engineer is hereby authorized to enforce the provisions hereof and require compliance with the approved minin~ plan. B. Owners of alli ~xisting mines shall, within six (6) months of the adoption of these regulations, file a mining plan and post a completion bond, both acceptable to the Board of County Commissioners whereupon a mining permit shall be issued. ' C. The above requirements will not apply Where ex- cavations are made solely for drainage purposes or " other similar improvements, and where material from said excavations is not sold as a commercial business. Where excavations are made on publicly OWned property or easements, the Board of County Commissioners may authorize an exception from these requirements. D. During construction or development for which a building permit has been issued or a site plan has been approved and where excess material is excavated inci~ential to the work, the Board of County Com- missioners may authorize an exception from these requirements. The Board of County Commissioners security,reserves the right to require a mining plan and/or Mr. Harrell Class said thei Permit amendment which proposes to changelto two mining classifications; is for a 'period of 48 months in --durations and the land owner/mine operator shall be required to reclaim the land to a suitable c6ndition within six months, and ~ass II Permit which allows for a longer period of time, more than twenty years, and~.a longer period of time, twelve months, to reclaim land. Class II Permits to be reviewed every fou~ years and both would require approval of the Board of County Commissioiners. Mr. Ament told the BOard the ~o~ida Rock Industries, ~nc i~~P?sad amendment was insti~a~ - ~nelr reaso~ ~ .... , - ~u~u ±ocallv ~ ~-~ - ~ u~u Dy on a lar~ ~~fequ~s~ing a longer period ~~a~es Cut-off Road ~o operate. ~ y~r permits make it ~~ii~~= ~orKlng ....... ,,~u~a±y unfeasible Mr. John Tolson of Florida Rock Industries, Inc. appeared to speak at this time. He said hi: home office was in Jacksonville and he had with him Mr. Nat Hmghes fi Florida Rock Industries, Inc. Mr. Tolson said his company.s and they need more than a in this area is sand minin type of mining but his different. He said they Brooksville for fifty year here. He further stated, t viewed and the County He said they had met with and were directed to meet ment. The'proposal and the main object In answer to Mr. Carma leasing 1,000 acres, 700 of-ways, etc., from John here represents a substantial investment ~our year contract. He said most of the minihg and four years is usually enought for that is aggregate mihing which-is completely been~working a mine similar to thin--in and they would apply for a twenty year permit would come in every four years to be re- be sure they were following regulations. Board of County Commissioners in March the County Engineer and the Zoning Depart- an outgrowth of several of these meetings long term permit. , 's question, Mr. Tolson said his company is are,. mine, the balance, is setbacks, right- Mr. Hughes said the'products being mined goes forty feet deep. Mrs. Fawsett asked what hours the mine operates and Mr. Hughes said 'theydone only operate.six, days at those hours.a week from 7:00' A.M. to~5:00 P.M. and blasting is In answer to Mr. transported, Mr. Tolson sa to eventually move some by move some by boat later and poss~b-~'l~%y.. There were no objection was made by Mr. Scitturo and petition was unanimously app] of County Commissioners for s question as to how the product was being by truck at .this time but they Would like ~il. Mrs. King suggested they might like to ~- Tolson agreed that would be a very good to the petition and a motion for approval ;econded by Mr. Scott. Upon VOte the 'proval.~Ved and will be recommended to the Board ME MO RAN D U~£ TO: FROM: DATE: Planning and Zoning Commission County Development Coordinator October 26, 1982 SUBJECT: October 28, 1982 Rezoning and GMPP Amendment Public Hearings #! PETITION TO AMEND ZONING REGULATIONS, SECTION ]5-A, MININC COMMENTS: This proposed amendment was authorized by the Board of County Commissioners on March 23, 1982. The purpose of the proposed amendment is to allow greater flexibility in planning and exe- cution~of large scale mining operations. Specifically, the proposed amendment establishes two classes of mining permits. The Class I permit is for a period of four years, as is cur- rent policy. The Class II permit is for a period of twenty years. However, the County Commission retains administrative and regulatory control by virtue of the fact that a new mining plan must be provided every four years with a Class II permit. W R MCCAiN District NO 1 E. E GREEN. D~str~ct No 2 (305) 466-11 O0 (305) 878-4898 2300 VIRGINIA AVENUE 33450 MAURICE SNYDER. District No 3 EDWARD G. ENNS. [hstr~ct No. 4 BILLPALMER D~str~ctNo 5 October 29, 1982 TO: FROM: SUBJECT: Weldon Lewis, County Administrator J. Gary Ament, County Development Coordinator Request for Hearing Dates Please place on the agenda for Tuesday, November 2, 1982, a request for permission to advertise the following petitions for hearing on the d~tes set forth: November 23, 1982: Petition of the BOARD OF COUNTY COMMISSIONERS to amend Appendix A of St. Lucie County Code bf Ordinances, Zoning Regulations, Section 15-A, Mining. Petition of Claude Denton Spencer for a change in zoning from R-lC (single family dwelling) to R-4A (multiple dwellings) for property' located north of Angle Road in Harmony Estates between north 57th Street and north 53rd Street. Petition of Alfred Nelson for a change in zoning from R-lC (single family dwelling) to A-1 (agricultural) for property located on the south side of Midway Road, approxi- mately 270' east of Oleander Avenue. Recommendation' to the Board of County Commissioners the adoption of a proposed resolution initiating the process of developing. . a management program for property mn the unimcorporated areas of St. Lucie County lying east of the Intracoastal Water- way (the "Barrier Islands"). Page 1 of 2 Request for Hearing Dates (continued) October 29, 1982 December 14, 1982: Petition of Gloria Charles to amend the future land use classification of the St. Lucie County Growth Management Policy Plan from SU (semi urban) to RL (low density residential development) for property located in Jay Gardens, on Orange Avenue Extension, one mile west of Kings Highway. Petition of James and Marilyn Minix to amend the future land use classification of the St. Lucie County Growth Management Policy Plan from CHV (heavy commercial development) to CT (tourist commercial development) for property located on St. Lucie Boulevard, approximately 1200 feet west of St. Lucie County Airport. P~tition of James and Marilyn Minix for a change in zoning from A-1 (agricultural) to B-4 (general business) for Parcel A and fromoA-1 (agricultural) to R5RV (recreational vehicle parks) on Parcel B for property located on St. Lucie Boulevard, approximately 1200 feet west of St. Lucie County Airport. Petition of Charles F. O'Donnell to amend the future land use classification of the St. Lucie County Growth Management Policy Plan from SU (semi urban) to RL (low density residential development) on Parcel A an SU (semi urban) to O~ , .... d from - _ _~ ~u~n space conservatiO~ on Parcel B for property located west os ~'k River Drive on ........... ~ ~,ula~ · · ~=~u sl~e o~ F.E.C. Railr abutting Martin County. oad; Petition of Charles F. O'Donnell for a change in zoning from A-1 (agricultural) to R-4A (multiple dwellings) on property located west of Indian River Drive, west side of F.E.C. Railroad, abutting Martin County. lc cc: D. Owlet Page 2 of 2 NOTICE IS in and for St. Tuesday, November, tration Build: a public he~ Adminis- id Pet~ Appendi Regul; Sec~ to:amend Zoning /l!ows: ~ Df permit ~t do not Permit shall months in du zor shall be re ~table condition , the expiration .mining activity, enewa! of such a and a and rnu~ched speCl{ {cai ~;~.ri~ the growing RevUe{e, m_{ete upu. ~{dered F0 ~ reasOna~{e ~2monstraii~g ~;. vegetattO9 u~.-.~ ,~ ~renma, --~r after /s class of permit that meet the loll, ~ined involves more tt i'ning activity involves ~ime rock, cemented coqui ~r solid mineral matter tee ."~' ~ased mi~ing plan with a ~estment mn plant and equi Permit shall be for a · duration and the land owner .t complete reclaiming the-land months following COmpletion of 'activity of each phase or permi. ,.less renewed), whichever first o~ a term of this permit, the land shall Update its mining plan at ~ur (4) years or as needed to refle anges to the plan. The updated duplicate with an apply rectan~ ,ros%on approval by the wHI I~ one. year ,er as provided herein The ' · which , -- ~' plan shall remain in effect until ontoadf}acent l edition is approved by the County Enc, e~l~l~m~l -~-~'_be use~'tO L PROC]gDURE. S Submiss ion Two Dples of tion. -nlng shall be filed with the County' Engineer by the mine operator of the land involved. Said plan linea~te procedures to assure that upon completi( miningsuitable activity, condition the land surface'shall be left show: ~ as provided herein. Said p. A. Legal description and pertinent dimensions. B.i Side Slopes. (t) From bottom of excavation to a point lying 4.0 feet below the proposed water table; for mining activities involving solid mineral matter, no maximum or minimum~ for all others, side slopes shall be limited to a maximum of 1.5 feet horizontal to t.0 feet vertical. (2) From a point 4.0 feet below the normal water table to normal ground surface or the top of the berm, if required, the side slope shall be limited to a maximum of 4.0 feet horizontal to t.0 feet vertical except that, where the mining activities involve solid mineral matter, the slope from a point 4.0 feet below the no_~al wa~er table to the top of the solid mineral matter may be increased to 2.0 feet horizontal to 1.0 feet vertical. B.2 Berm. It shall be required, except if deemed unnecessary by the County Engineer, that a permanent berm be constructed. Such berm to be 2.0 feet above natural ground, have a three foot top and 4.0 feet horizontal to !.0 feet vertical front and back slopes. B.3 Swale. It shall be required, except if deemed unnecessary by the County Engineer, that a permanent swale may be constructed around all or a part of the excavated area. Such swale shall have a depth of 1.0 feet minimum to 2.0 feet maximum with horizontal grade of +0.20% and -0.20% in 500' lengths. It will also be determined in field by County Engineer as to the necessity for including outfatl culverts from swale into mine area. C. Areas to be developed as lakes, etc. D.1 Disturbed Areas. Ail disturbed a~reas shall be promptly seeded and mulched with grass mixtures and ra~e of application as per Florid~a DOT specifications to establish capable cover during the growing season for which it is applied. D.2 Revegetation. Revegetation shall be considered complete upon demon- strating a reasonable'stand of perennial vegetation cover established one year after rectamatioh~ The owner/operator will be responsible for erosion which occurs during the one year period. E. Safeguards to prevent loose sand from blowing onto adjacent property. F.1 Procedure to be used to identify boundary lines on site. - F.2 All property corners shall be marked with poles painted red and set in the ground such that the top of the pole can be clearly seen with the naked eye from the next boundary marker. G. Location and general description of machinery and equipment to be used in any screenings, crushing or processing operation for materials mined or ex- cavated on the premises. A timetable/schedule for the mining activities from commencement through completion of restoration. This Schedule shall be for the entire operation for a Class I Permit. The application for a Class II Permit shall coqtain a aeneral timetable for the entire operation and a ~ore s~ecific . the minin .... ~ ...... ~- timetable for 9 acml~es w~thmn the active phase of the operatmon. As the miner moves from one phase to the next, the more specific timetable shall be revised for the new phase -2- No mining excavation below adjacent road grade shall be permitted within 150 feet of the right-of-way line of any public road or street within a dimension from adjoining property as determined by the Board of County Commissioners. Said dimensions shall be a minimum of fifteen (i5) feet except where adjoining property is being used, or has been used, for mining, or is owned by the person making application in which cases no minimum set back shall be required. if the County Engineer determines that the plans meet ~echnicai requirements for filing, he shall so no~e on the plans and return one copy to applicant and retain the other copy. Applicant shall then file application for public hearing and pay the applicable filing fee. Step 2. Public Hearing. The Board~f CounEy Commissioners shall hold a public hearing after due public notice and shall approve, modify or deny the application for mining. Step 3. Performance Security. If the Board of County Commissioners approves the plan as submitted or modified, the Board shall determine the amount and type of security deemed appropriate to assure that reclamation will be accomplished. The amount of security shall be reasonably related to the anticipated cost of reclamation_ ac~mvlty,~' ' but shall be no less than $100 per acre and no more than $1,000 per acre of the area to be excavated. For a Class II Permit,. the security shall be required for only the excavation area within the active phase(s) of development. It is contem- plated that the mining activities under a type ii permit plan will call for mining activities in only one or two phases of a multi-phase plan at any one time and the permittee shall not be required to post security for areas that are not within the phase(s) where mining activities are being carried on. The Board may exempt a permittee from the obligation to furnish security upon the written request of the permittee for such exemption. The Board in determining whether such a request should be gr~nted will consider: · (1) the financial responsibility of the permittee, (2) the degree to which the permittee has complied with the provisions of any existing or past approved plan, - (3) such other matters as the 'Board may deem appropriate and relevant. - Any required security will be released upon certification by the County Engineer that reclamation is complete. Step 4. Issuance of Permit. Following approval of the application by the Board of County Commissioners, the appticatn shall post with the County a suitable performance bond or other security in the amount established by the Board in form approved by the County Attorney, unless the Board has exempted the applicant from the security requirement. After approval of the security, if any, and payment by the applicant of the appropriate permit fee, the County Engineer shall issue %he mining permit. No mining may commence until a permit is issued. If applicant fails to post security and/or obtain mining permit as provided herein within 90 days following approval approval shall automatically terminate. ' 3. MISCELLANEOUS. A. The County Engineer is hereby authorized to enforce the provisions hereof and require compliance with the approved mining plan. -3- B. Owners of all existing mines shall, within six (6) months of the adoption of these regulations, file a mining plan and post a ~ both acceptable to the Board whereupon a mining permit shall be issued. C. The above requirements will not apply where ex- cavations are made solely for drainage purposes or other similar improvements, and where material fr said excavations is not sold as a commercial Where excavations are made on publicly owned or easements, the Board of County Commissioners authorize an exception from these requirements. D. During construction or development for which a building permit has been issued or a site been approved and where excess material is ex( incidentiat: to the work,, the Board of County missioners may authorize an exception from the: requirements. The Board of County Commiss' reserves the right to require a mining plan security. ~ - ~ Ail interested persons will be given an opportunity to be heard at this time. Dated this 3rd day of November, 1982. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ William B. Palmer, Chairman PUBLISH: NOVEMBER 5, 1982 -6. Observations ~ Pr~opo. sed Am.endment to S~ ct. 13'A, M.inin~ l. Pre-requisite to review by County Commission., a) approval by DER and any other quasi-governmental agency which might be concerned. Possibly South ~ Central Flood Control District. b) Approval by Zoning Board. For Class I and Class II operations, the work shall be segmented by time periods, as one year or 2 Years, with which Period designated stages of the whole opera designated as to location within the project and contemplated, shall be completed with reclamation com- plete or assured. If the early segments are not completed and reclaimed on schedule, permit becomes void, as to further segments of the operation. Every property owner within~r, 500 feel shall be no~ by mail, as well as by newspaper advertisement, given opPortunity to protest. It shall be recogni: that disorderly mines such as those on South side Airport Road may be destructive of residential of surrounding property in a radius of well over A very substantial performance bond shall be ret which may be in the form of a note secured by lien mortgage on land to be mined. Reclamation of each phase is touched on ;in I b (2) it should be really specific with cancellation pena for foo t-dragging. Manner of reclamation, with or w' · pe.rmanent Poflds or lake~ ~.~ ~lthln establishment aO_Ue~nln a ~plan appro~ed.gj/.~a~jd~_e eo. mpletely spelle~ ~ cy - DER or Fish and W. ld]~pen~ent governmentall Add: -I.nearPr°visi°nhabitationsf°r hours, and route for hauling if operation AGENDA - PLANNING AND ZONING COMMISSION THURSDAY OCTOBER 28, 1982 7:30 P. Mo Petition of the BOARD OF COUNTY COMMISSIONERS to amend Appendix A of St. Lucie County Code of Ordinances, Zoning Regulations, Section 15-A, Mining to read as follows: Section 15-A , Mining 1. All mining operations shall require approval of the Board of County Commissioners as hereinafter provided. There are hereby established two (2) classes of mining operation permits as follows: (a) Class I Permit. This class of permit shall apply ~o all mining operations that do not qualify for a Class II Permit. A Class I Permit shall be for a period of forty-eight (48) months in duration and the land owner/mine operator shall be required to reclaim the land to a suitable condition within six (6) months following the expiration of the permit or cessation of mining activity, whichever first occurs, unless renewal of such permit is approved. (b) Class II Permit. This class of permit shall apply to mining operations that meet the following qualifications: (1) The area to be mined involves more than twenty (20) acres. (2) The type of mining activity involves the ex- cavation of lime rock, cemented coquina, shell rock or other solid mineral matter requiring a lon~-term phased mining plan with a substantial ThisCap~tal investment in plant and equipment. Class II Permit shall be for a period of twenty (20) years in duration and the land owner/mine operator must complete reclaiming the land within twelve ~12) mo~t~s following completion of the operator ine shall update its mining plan at least once every four (4) years or as needed to reflect signifi- cant changes to the plan. The updated plan shall be filed in duplicate with an approval by the County Engineer as provided herein. The existing approved mining plan shall remain in effect until the up- dated edition is approved by the County Engineer. 2. APPROVAL PROCEDURE. Step 1. Submission of Mining Plan and Application. Two (5) copi~of the mining plan, legibly dr~wn to scale, shall be filed with the County Engineer by the owner or mine operator of the land involved. Said plan shall de- lineate procedures to assure that upon completion of the mining activity, the land surface shall be left in a suitable conditio~ as provided herein. Said plan shall show: ~ > A. Legal description and pertinent dimensions B.1_ Side Slopes. ' (1) From bottom of excavation to a point lying 4.0 feet below the proposed water table; for mining activities involving solid mineral alter, no maximum or minimum; for all others, side slopes shall be limited to a maximum of 1.5 feet horizontal to 1.0 feet vertical. (2) From a point 4.0 feet below the normal water table to normal ground surface or the top of the berm, if required, the side slope shall be limited to a maximum of 4.0 feet horizontal to 1.0 feet vertical except that, where the mining activities involve solid mineral matter, the slope from a point 4.0 feet below the normal water table to the top of the solid mineral matter may be increased to 2.0 feet horizontal to 1.0 feet vertical. B.2 Berm. It shall be required, except if deemed unnecessary by the County Engineer, that a permanent berm be constructed. Such berm to be 2.0 feet above natural ground, have a three foot top and 4.0 feet horizontal to 1.0 feet vertical front and back slopes. B.3 Swale. It shall be required, except if deemed unnecessary by the County Engineer, that a permanent swale may be constructed around all or a part of the excavated area. Such swale shall have a depth of 1.0 feet minimum to 2.0 feet maximum with horizontal grade of +0 20% and -0 2 © - · 0~ in 500' lengths. It will also be determined in field by County Engineer as to the necessity for including outfall culverts from swale into mine area. C. Areas to be developed as lakes, etc. D.1 Disturbed Areas. Ail disturbed areas shall be promptly seeded and mulched with grass mixtures and rate of application as per Florida DOT specifications to establish capable cover during the growing season for which it is applied. D.2 Revegetation. Revegetation shall be considered complete upon demon- strating a reasonable stand of perennial veqetation cover established one year after reclamation' The owner/operator will be responsible for erosion which occurs during the one year period. E. Safeguards to prevent loose sand from blowing onto adjacent property. F.1 Procedure to be used to identify boundary lines on site. F.2 Ail property corners shall be marked with poles painted red and set in the ground such that the top of the pole can be clearly seen with the naked eye from the next boundary marker. G. Location and general description of machinery and equipment to be used in any screenings, crushing or processing operation for materials mined or ex- cavated on the premises. H. A timetable/schedule for the mining activities from commencement through completion of restoration. This schedule shall be for the entire operation for a Class I Permit. The application for a Class II Permit shall contain a general timetable for the entire operation and a more specific timetable for the mining activities within the active phase of the operation. As the miner moves from o~e phase to the next, the more specific timetable shall be revised for the new phase. B. Owners of all existing mines shall, within six (6) months of the adoption of these regulations, file a mining plan and post a completion bond, both acceptable to the Board of County Commissioners, whereupon a mining'permit shall be issued. C. The above requirements will not apply where ex- cavations are made solely for drainage purposes or other similar improvements, and where material from said excavations is not sold as a commercial business. Where excavations are made on publicly owned property or easements, the Board of County Commissioners may authorize an exception from these requirements. D. During construction or development for which a building permit has been issued or a site plan has been approved and where excess material is excavated inci~ential to the work, the Board of County Com- missioners may authorize an exception from these requirements. The Board of County Commissioners reserves the right to require a mining plan and/or security. Prior to this public hearing, notice of the same was published in the News Tribune at least 15 days prior to hearing. THE NEW" ~RIBUNE Published Seve~Days A Week Fort Pierce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersis~led authority personally a eared James J. McMi]]en or KathIeen K. LeClair, whoPo~ oath Thesays News that Tribune, he/she is Publisher, Publisher's Secretary of ~odaily ne~w~sr.aper published at Fort Pierce in St. Lucie unty, r'lorida; that the attached copy of advertisement, being a. rer~t~ou near~ng in the matter of. Board of County Commissioners was pubhshed ~n said newspaper in the issues of..' ........... .].o/z3/82 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said~t. Lucie County, Florida, and that the said newspaper has heretofore been~ continuously published in said St. Lucie County, Florida, each day and ,~s .been entered as second class mail matter at the post office in Fort Pierce, inJsald St. Lucle County, Florida, for a period of one year next pre- ceding the~first publicatign of the attached copy of adverti further sa § : .~ · · sement; and affiant y~ that he has neither prod nor ~romise~ ...... · " r u a.y person, firm or corpora- ~t[o.n a~y d~,~scount, re_bate, commission or refund for the purpose of securing ~ms aavercisement for~publication in the said newsoaper. Sworn to and su~bscribed before me - 13th OCT ' This ................ dayof ......... (~~f ,4 //' ~~- Notary Public MY COM,VdS$1©N EXPIP, ES JULY 25 lPS~ I~g( ~.j~ h.t&~, G~N~2.AL INS. ONDF. RVVPJT~,~5 NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning. Commission for St. Lucie County, Florida, will at 7:30 P.M. on ThurSday, October 28, 1982, in Room 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, hold a hearing on: Petition of the BOARD OF COUNTY COMMISSIONERS to amend Appendix A of St. Lucie County Code of Ordinances, Zoning Regulations, Section 15-A, Mining to read as follows: Section 15-A, Mining 1. All mining operations shall require approval of the Board of County Commissioners as hereinafter provided. There are hereby established two (2) classes of mining operation permits as follows: (a) Class I Permit. This class of permit shall apply to all mining operations that do notr quai!fy~ for a Class II Permit. A Class I~Permit shall be for a period of forty-eight (48) months in duration and the land owner/mine operator shall be required to reclaim the land to a suitable condition within six (6) months following the expiration of the permit or cessation of mining activity, whichever first occurs, unless renewal of such permit is approved. (b) Class II Permit. This class of permit shall apply to mining operations that meet the following qualifications: (1) The area to be mined involves more than twenty (20) acres. (2) The type of mining activity involves the ex- cavation of lime rock, cemented coquina, shell rock or other solid mineral matter requiring a long-term phased mining plan with a substantial capital investmen~ in plant and equipment. This Class II Permit shall be for a period of twenty (20) years in duration and the land owner/mine operator must complete reclaiming the land within twelve (12) months following completion of the evcavation activity of each phase or permit expi- ration (unless renewed), whichever first occurs. During the term of this permit, the land owner/mine operator shall update its mining plan at least once every four (4) years or as needed to reflect signifi- cant changes to the plan. The updated plan shall be filed in duplicate with an approval by the County as p~ovided herein. The existing approved CHECK LIST in in effect until the up- ~ed by the County Engineer. PLANNING & ZONING COMMISSION TIME: 7:30 P.M. PI-~CE: Pd~ 101, SLC ADM BLDG show: Plan and Application. ng plan, legibly drgwn to scale, ~nty Engineer by the owner or involved. Said plan shall de- re that upon completion of the ~ surface shall be left in a - --~---~vided herein. Said plan shall A. Legal description and pertinent dimensions. B.1 Side Slopes (1) From bottom of excavation to a point lying 4.0 feet below the proposed water table; for mining activities involving solid mineral matter, no maximum or minimum; for all others, side slopes shall be limited to a maximum of 1.5 feet horizontal to 1.0 feet vertical. (2) From a point 4.0 feet below the normal water table to normal ground surface or the top of the berm, if required, the side slope shall be limited to a maximum of 4.0 feet horizontal to 1.0 feet vertical except that, where the mining activities involve solid mineral matter, the slope from a point 4.0 feet below the normal water table to the top of the solid mineral matter may be increased to 2.0 feet horizontal to 1.0 feet vertical. B.2 Berm. St shall be required, except if deemed unnecessary by the County Engineer, that a permanent berm be constructed. Such berm to be 2.0 feet above natural ground, have a three foot top and 4.0 feet horizontal to 1.0 feet vertical front and back slopes. B.3 Swale. It shall be required, except if deemed unnecessary by the County Engineer, that a permanent swale may be constructed around all or a part of the excavated a~e~. SUch swale shall have a depth of 1.0 feet minimum to 2.0 feet maximum with horizontal grade of +0.20% and -0.20% in 500' lengths. It will also be determined in field by County Engineer as to the ~ecessity for including outfall culverts from swale into mine area. C. Areas to be developed as lakes, etc. D.1 Dist~r.bed ~reas. All distqrbe~reas, shall be promptly seeded ~l~d~lt~grass mixtures and rate of son] a DOT speczflcatlons to establish capable cover during the growing season for which it is applied. D.2 Revegeta'~ion. ~ shall be considered complete upon demon- strating a reasonable stand of perennial vegetation cover established one year after reclamation. The owner/operator will be responsible for erosion which occurs during the one year period. E. Safeguards to prevent loose sand from blowing onto adjacent property. F.1 Procedure to be used to identify boundary lines on site. F.2 Ail property corners shall be marked with poles painted red and set in the ground such that the top of the pole can be clearly seen with the naked eye from the next boundary marker. G. Location and general description of machinery and equipment to be used in any screenings, crushing or processing operation for materials mined or ex- cavated on the premises. H. A timetable/schedule for the mining activities from commencement through completion of restoration. This schedule shall be for the entire operation for a Class I Permit. The application for a Class Permit shall contain a general timetable for the entire operation and a more specific timetable for the mining activities within the active phase of the operation. As the miner moves from one phase to the next, the more specific timetable shall be revised for the new phase. -2- No mi~ing excavation below adjacent road grade shall be permitted Within 150 feet of the right-of-way line of any public road or street within a dimension · · · property as determi __ _ from adjoining ned by the Bo~d of Count~ Commis-:-- 1 ~±uners. Said dimensions shall be a minimum of fifteen (15) feet except where adjoining property is being used, or has ~been used, for mining, or is owned by the person making application in which cases no minimum set back shall be required. If the C( technical reql plans and ret~ copy. Applic~ and pay the a~ ~unty Engineer determines that the plans meet [irements for filing, he shall so note on the .rn one copy to applicant and retain the other nt shall then file application for public hearing plicable filing fee. Step 2. Public Hearing. The Board of County--Commissioners shall hold a public hearing after due public notice and shall approve, modify or deny the application for mininq. Step 3. Performance Security. - If th~ Board of County Commissioners approves the plan as submitted or modified· the Board shall determine the amount and type of security deemed ap ro ria that r~clamatio .... ~ ,_ ~ _ P P te to assure ¥ ~ ~ ~e accomplished The security shall be re .......... ' amount of ~un~±y related to the anticipated cost of reclamation activity, but shall be no less than $100 p~r acre and no more than $1,000 per acre of the area t( be excavated. For a Class II Permit, the securi- shall be required for only the excavation area within the active phase(s) of development. It is contem- plated that the mining activities under a type II permit plan 11 call for mining activities in only one or two phases of a multi-phase plan at any one time and the permit~ ee shall not be required to post security for areas that not within the phase(s) where mining activities are being carried on. The Board may exempt a permittee from th~ obligation to furnish · ~eq~e~t of the permittee for ~,~c~Y-~P°n the written in dete~inin~ whet~ ........ o~ ~mp~lon. The Board will co~sider~ ~=~ ~ucn a request should be granted, (1) the financial responsibility of the permittee, (2) t~e degree to which the permittee has complied w~th the provisions of any existing or past approved plan· (3) s~ch other matters as the Board may deem appropriate and relevant. Any req~i~ed security will be released upon certification by the £o~nty Engineer that reclamation is complete. Step 4. Issuance of Permit. Following Dpproval of the application by the Board o County Commissioners th ........ f · = =~p~lcatn Shall post with the County a suitable performance bond or other security in the amount established by the Board in form approved by the Coun Attorney, unless the Board has exempted the applican ~rom the security requirement. After approval of the s. ~rity, if any, and payment by the applicant of the appr~ ;iate permit fee, the County Engineer shall issue th ~ining permit. No mining may commence until a permit i .ssued. If applicant fails to post security and/or in mining permit as provided herein within 90 days ~ lowing approval, approval shall automatically terminat( 3. MISCEL A. The the ANEOUS. CountYr . . Engineer is hereby authorized to enforce P ov~slons hereof and require compliance with the ~pproved mining plan. -3- B. Owners of all existing mines shall, within six (6) months of the adoption of these regulations, file a mining plan and post a completion bond, both acceptable to the Board of County Com=~issioners, whereupon a mining permit shall be issued. C. The above requirements will not apply where ex- cavations are made solely for drainage purposes or other similar improvements, and where material from said excavations is not sold as a commercial business. Where excavations are made on publicly owned property or easements, the Board of County Commissioners may authorize an exception from these requirements. D. During construction or development for which a building permit has been issued or a site plan has been approved and where excess material is excavated inci~ential to the work, the Board of County Com- missioners may authorize an exception from these requirements. The Board of County Commissioners reserves the right to require a mining plan and/or security. , Ail interested persons will be given an opportunity to be heard at this time. Dated this 7th day of October, 1982. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /s/ Robert j. Tiernan, Chairman PUBLISH: OCTOBER 1~, 1982 B. Owners of all existing mines shall, within six (6) months of the adoption of these regulations, file a mining plan and post a completion bond, both acceptable to the Board of County Commissioners, whereupon a mining permit shall be issued. C. The above requirements will not apply where ex- cavations are made solely for drainage purposes or other similar improvements, and where material from said excavations is not sold as a commercial business. Where excavations are made on publicly owned property or easements, the Board of County Commissioners may authorize an exception from these requirements. D. During construction or development for which a building permit has been issued or a site plan has been approved and where excess material is excavated incidential to the work, the Board of County Com- missioners may authorize an exception from these requirements. The Board of County Commissioners reserves the right to require a mining plan and/or security. PROPOSED REVISIONS TO APPENDIX A OF ST. LUCIE ZONING-REGULATIONS, SECTION 15-A, MINING. COUNTY CODE OF ORDINANCES, Section 15-A is amended to read as follows: 1. All mining operations Shall r. equire approval of County Commissioners as hereinafter provided. There lished two (2) classes of mining operation permits as (a)' 'Cl'ass. . I_ Permit__. This class of permit aha mznzng operations that do-not qualify for A Class I Permit shall be for a period of months in duration and the land owner be required to reclaim the land to a suit within six (6) months following the or cessation of mining activity, whichever  less renewal of such permit is approved. (b) Cl'ass II Permit. This class of permit sba] operations tha~--~--~ meet the following ~ (1)aThecresarea, to be mined involves more than (2) The type of mining activity involves th lime rock, cemented coquina, shell ro mineral matter requiring a long-term with a substantial capital investment equipment. · This Class II Permit shall be for a period years in duration and the land owne qomplete reclaimin~ ~ ..... r/mine o ~Iowing com~leti^-' ?=~.~ zana WZthin twelve ~.z_ . ~ w~ oz E~e excavation activit. permit expiration (unless renewed), whici ~ During the term of this mermi . ~he land o ~ ~~ ~all update its mining ~lan at~ t years or as ne ~ ~.__= . least once e ed~ ~ zezlecn szgnificant ~~~ plan. The updated plan shall be filed in approval by the County Engineer existing approved mining lan shas provided the updated editio~ ~'- P _ all remain ~s approved by the Coun 2.' ~PPROVAL PROCEDURE.. StePTwo 1 ~2)'Sub~is s'ion~ '~_. Plan and Applica't'ion. opzes of the m' ' be filed with the ~ County'Engineer by the owner or of the land involved. Said plan shall delineate assure that upon completion of the mining activit- surface shall be left in a suitable condition as in. Said plan shall show: A.B.1 ~.Legal description and pertinent dimensions. ~ ~zom oottom of excavation to a point 1 · the proposed water table: for mining solid mineral matter, no maximum or min others, side slopes shall be limited to a 1.5 feet horizontal to 1.0 feet vertical. (2) From a point 4 0 feet below the normal war or the top of the berm, if req~ shall be limited to a maximum o: to 1.0 feet vertical except thc mining activities involve solid mineral ma slope from a point 4.0 feet below the no to the top of the solid mineral matter may to 2.0 feet horizontal to 1 0 feet vertical B. 2 Berm. . t%-~-~shall be required, except if deemed unnecess County Engineer, that a permanent berm be const ty (20) the Such berm to be 2.0 feet above natural three foot top and 4.0 foot horizontal front and back slopes. B.3 Swale. It sh--------all be required, except if County Engineer, that a nermanedeemed a~ound all or a n=~ ~= ~6 nt swale ~ v~ ~ne ex shall have a denth ~ ~ ~ ~ cavated ~ wi~ ~ · . _~ ~ ~.u feet minim _fun ~rlzontal grade of +0 20% an~,um ~ ~Jln~s~d~termin~d in field b~' · y zor including outfal~ mnto mine area· C. Areas to be developed as lakes, etc. D.1 DistUrbed Areas· ~reas shall be promptly with grass mixtures and rane of applicati specifications to establish capable cover season for which it is applied. D.2~. Reveget~on shall be considered completel a reasonable stand of perennial vegetati, one year after reclamation. ~The owner/o responsible for erosion which occurs dur period· E. Safeguards to prevent loose sand from bl~ property. F.1 Procedure to be used to identify boundary F.2. All property corners shall be marked with and set in the ground such that the top of clearly seen with the naked eye~zz~xr G. Location and general description of mac~ to be used in any screenings~ crushing tion for materials mined or excavated on t H. A timetable/schedule for the mining activi~ mencement through completion of restorati shall be for the entire operation for a C1 application for a Class II Permit shall timetable for the entire operation and a table for the mining activities within the the operation· As'the miner moves from on next, the more specific timetable shall be new phase. No mining excavation below adjacent road grade ted within 150 feet of the right-of-way line of any pu street or within a dimension from adjoining property a the Board of County Commissioners. Said dimensions sh of fifteen (15) feet except where adjoining property i has been used, for mining, or is owned by the person in which cases no minimum set back shall be required. If the County Engineer determines that the plans requirements for filing, he shall so note on the plans copy to applicant and retain the other copy. Applicant application for public hearing and pay the applicable Step 2. Public Hearing. The Boa~gmmissioners shall hold a pub after due public notice and shall approve modify application for mining. Step 3. ~formanee Security. If the BO~issioners approves the mitced or modified, the Board shall determine the type of security deemed appropriate to aSSure the will be accomplished. The amount of security she -2- 'tical r as rom swale demons establ year nto adjacent permit related to the anticipated cost of~'reclamation activity, bu~ shall be no less than $100 per acre and no more than $1,000 per acre of the area to be excavated. For a Class II Permil the security shall be required for only the excavation area within the active phase(s) of development. It is contempla~ that the mining activities under a type II permit plan will call for mining activities in only one or two phases of a mt phase plan at any one time and the permittee shall not be rE quired to post security for areas that are not within the phase(s) where mining activities are being carried on. The Board may exempt a permittee from the obligation to furnish security upon the written request of the permittee for such exemption. The Board in determining whether such a request should be granted, will consider: (I) the financial responsibility of the permittee, (2) the degree to which the permittee has complied with t provisions of any existing or past approved plan, (3) such other matters as the Board may deem appropriate relevant. Any required security will be released upon certification by the Counny Engineer that reclamation is complete. Step 4. 'IssUance Of Permit. ~-~~~llowing approval of the application by the Board of County w~ommissioners, the applicant shall post with the County a suitable performance bond or other security in the amount established by the Board in form approved-by the County Attorney, unless the Board has exempted the applicant from the security requirement. After approval of the security, if any, and pay- merit by~t~e applicant of the appropriate permit fee, the ~ ~'4~~f-~Li~ ~id'~n%~a~--~~ shall issue the ' ' _ ~.~ ... - . _ m~n~ng erm~t. No ~ ~n~.m~y,_commsr~ce until a oe~m~t is isa-~ P A. The County Engineer is hereby authorized to e -ro ........ ' nforce the p v~s~ons nereoz an~ require compliance w~th the mi~ing plan. . - ' approved B. Owners of all existing mines shall, within six (6) months of the adoption of these regulations, file a mining plan and post a completion bond, both acceptable to the Board of County Commissioners whereupon a mining permit shall be issued. ' C. The above requirements will not apply where excavations are made solely for drainage purposes or other similar improvements, and where material from said excavations is not sold as a commercial business. Where excavations are made on publicly owned property or easements, the Board of County Commissioners may authorize an exception from these requirements. D. During construction or development for which a building permit has been issued or a site plan has been approved and where excess material is excavated incidential to the work, the Board of County Commissioners may authorize an exception from these requirements. The Board of County Commissioners reserves the right to require a mining plan and/or security. -3-