(A)

Purpose. The purpose of this Article is to protect the public health, safety, and welfare through the establishment of reasonable standards for the review and regulation of the location and operation of land excavation activities for materials to meet the demands of construction projects within Hardee County. This Article shall fairly and equitably allow the operation of borrow pits or other non-mining land excavation activities, which are not covered by Section 13.03.00, while at the same time protecting the following needs and interests of Hardee County.

(1)

Reuse of property excavated.

(2)

Reclamation of excavated area.

(3)

Surrounding land use.

(4)

Transportation concerns.

(5)

Environmentally sensitive areas and heavily treed sites.

(6)

Water quality.

(7)

Water quantity.

(8)

Drainage.

(9)

Public safety.

(10)

Fugitive dust attenuation.

(11)

Noise levels.

(12)

Property values.

(13)

Compliance with the Hardee County Comprehensive Plan.

All land excavations authorized by the Southwest Florida Water Management District (SWFWMD) or Florida Department of Environmental Protection (FDEP) for the purpose of agricultural irrigation, including cattle ponds, shall be exempt from this Article. If more than one dump truck of excavated material leaves the site it is no longer exempt.

(A)

Permits. Unless specifically exempted by this Article, it shall be unlawful for any person, persons, firm, or corporation either individually, collectively, or through an agent to cause land excavation, as defined in this Article, including pre-excavation site preparatory activities thereto, within the unincorporated areas of Hardee County without having first obtained a Major Special Exception Use Permit for land excavation pursuant to this Article.

(B)

Compliance with Other Regulations. Issuance of a Special Exception Use Permit by Hardee County, or exemption from the requirement thereof, does not abrogate any legal requirement to comply with the regulations of any other governmental agency, local, state, or federal, which may have jurisdiction over the proposed activity upon the land.

(A)

Application. An application for a Special Exception Use Permit shall be submitted to the Planning and Development Department and shall contain the required information as set forth in this Article. Afterwards, the Director of Planning and Development, or designee, shall distribute copies of the application to the Mining Department as well as to the members of the Development Review Committee (DRC) and the Planning and Zoning Board for review and comment.

(B)

Determination by the Board of County Commissioners.

(1)

The Board of County Commissioners (BoCC) shall review the Special Exception Use Permit application as well as the required Site and Development Plan and make a determination as to compliance with the provisions of this Article as well as the Unified Land Development Code and the Comprehensive Plan. If, the Special Exception Use Permit is approved, then the applicant may apply for a Land Excavation Operating Permit from the Mining Department.

(C)

Issuance of Land Excavation Operating Permit.

(1)

A land excavation operating permit shall be obtained from the Mining Coordinator prior to commencing land excavation and must be in effect at all times during such land excavation.

(2)

The land excavation operating permit shall be consistent with the Special Exception Use Permit's conditions of approval.

(3)

A protected, complete copy of the permit shall be posted at the site entrance where it is visible for public viewing.

(D)

Land Excavation Operating Permit Application Procedures.

(1)

Land Excavation and Reclamation Plan. The Applicant shall submit 25 copies of a proposed Land Excavation and Reclamation Plan to the Mining Department which outlines the proposed excavation or earth moving activity, waste disposal, water use, land reclamation and monitoring for the project. It shall include at a minimum:

(a)

Owner. The names, addresses and telephone numbers of the owner(s) of the project and its agents upon which service of any papers under this Section may be made;

(b)

Applicant/Operator. The names, addresses and telephone numbers of the Applicant if other than the owner, and its agent upon which service of any papers under this Section may be made;

(c)

Engineer. The name, address and telephone number of the Florida registered professional engineer of record for the project, who shall prepare and sign all engineering documents submitted to the County;

(d)

Survey and Legal Description. A boundary and topographic survey signed and sealed by a licensed surveyor in the State of Florida that includes a legal description of the Excavation Site and the Excavation Limits and the extent of all wetlands on the proposed site;

(e)

Material. Type and volume of material to be extracted;

(f)

Topographic Maps.

1.

A topographic map or maps of the entire tract covered in the application shall be provided. Said map shall show contour lines at two-foot intervals accurate within one foot, which depict the actual ground contours prior to the commencement of mining operations. The contour map or maps shall be indexed using a grid system of one sheet per section on a 1" = 400' scale with the section corners located.

2.

There shall also be provided a composite topographic map on a single sheet, not to exceed 72 inches by 72 inches in size, using an appropriate scale.

(g)

Land Excavation and Reclamation Plan. Maps and other appropriate documents depicting the project tract and including:

1.

Owners and locations of all tracts of land contiguous to the tracts of land under consideration, for the project.

2.

Locations of each excavation unit or borrow pit.

3.

Excavation sequence of the units for the life of the site shown on a year-by-year basis.

4.

The schedule of operation and completion of each unit for the life of the site shown on a year-by-year basis.

5.

Locations and sizes of proposed ponds.

6.

Location and general description of all physical facilities or other structures, including pipelines.

7.

Location and general description of all stormwater management facilities.

8.

Location and general description of all points of discharge for air pollutants, wastewater, and stormwater runoff.

9.

Location and general description of all wetlands, existing natural and man-made streams and lakes, and definition of the 100-year and 25-year flood plains pursuant to methodology approved by the Southwest Florida Water Management District, or its successor.

10.

Location and description of all existing wells.

11.

Water table elevations both existing and the historical high.

12.

A transportation analysis, unless one was provided through the Mining Major Special Exception process that is current.

13.

The results of a detailed survey of the entire tract by a qualified archeologist in order to make a full assessment of its archeological and historical resources.

14.

The location of any archeological sites, historical sites cemeteries or burial grounds contained on the tract and what, if any, measures the Applicant proposes to preserve or dispose of such findings.

15.

Location of all existing utility lines, easements, and existing roads, public or private.

16.

Results of a general wildlife survey and any species specific surveys conducted.

(h)

Inspection Plan. The Applicant shall provide a plan for inspection of site and operation. This plan shall include inspection of the perimeter and silt screen that is placed around the excavation. A copy of the inspection results shall be provided to the County;

(i)

Reclamation Plan. A composite and other map(s) shall be provided depicting as to the project tract:

1.

Contours to which the tract will be graded or restored.

2.

Location of each pond or other water bodies proposed, as necessary.

3.

Sequence of reclamation for the site on a year-by-year basis.

4.

Schedule of reclamation and completion of the site on a year-by-year basis.

5.

General description and density of plantings.

(E)

Compliance Review. Every year after issuance of the operating permit, the Mining Department shall review the land excavation for compliance with the conditions of the operating permit as well as the Major Special Exception Use Permit. Any new conditions or requested modifications can be addressed at this time and may require Board of County Commissioner approval.

(F)

Transfer of Permit.

(1)

If ownership of the property for which the land excavation permit has been issued should change during the initial or extended term of the permit, the new owner shall be required to apply for and receive from the Mining Coordinator a transfer of the original permit. The new owner shall furnish the Mining Coordinator an Ownership and Encumbrance Report prepared not more than 30 days prior to the date of request to transfer the permit. The new owner shall also obtain the written consent of all mortgagees and attach the original of said consent to the application for transfer.

(2)

The transferred permit shall be in the name of the new owner and shall be required prior to the new owner conducting land excavation activities. The new owner shall post the entire financial security required pursuant to Section 13.01.04 prior to the transfer of the permit. The new owner shall also submit an affidavit to complete reclamation as required in the Code, and an irrevocable license to enter the site to reclaim as required in Section 13.01.04 prior to transfer of the permit. The transferred permit shall be valid for the remaining term of the permit.

(3)

Failure to obtain a transfer of permit prior to the new owner conducting land excavation activities may result in penalties or temporary, if not permanent closure of the operation.

(G)

Appeal of Determination of Operating Permit. Appeals of determination of Operating Permits are to comply with Section 10.04.00 of the Unified Land Development Code.

(H)

Fees. The Board of County Commissioners is authorized to set reasonable fees for the implementation of this Section. In addition to the fee which accompanies the application, the Permittee shall also submit to the County a signed, dated, notarized document indicating the number of cubic yards of material removed from the excavation and the fee based upon this amount. The amount of this fee shall be established by resolution of the Board of County Commissioners. The notarized document indicating the number of cubic yards of material removed from the excavation and the corresponding fee shall be submitted to the Mining Coordinator each quarter until the land excavation ceases. The fee shall be payable to the Board of County Commissioners. Final calculation of fees shall be based on calculations submitted by an Engineer registered in the State of Florida. Calculations shall be based on a topographic survey of 100-foot grids prepared by a surveyor registered in the State of Florida or a calculation of the cubic yards excavated by multiplying the maximum depth of the excavation by the surface area of the excavation. The amount collected shall be used by the County to offset expenses incurred in enforcement and inspection procedures.

(I)

Inspection. The Mining Coordinator, or designee, shall have the right to inspect the lands affected by this Article. Permitted land excavations shall be inspected to ensure compliance with this Article and all conditions of the permit.

(A)

Financial Security. Financial security is required per the procedure contained in this Section.

(1)

A surety in the amount to be established by the Board of County Commissioners shall be deposited into a restricted escrow account or a performance bond in that amount shall be secured. The amount will be based on quantities mined in relation to the acres reclaimed and evaluated on an annual basis. Escrow funds or the performance bond shall forfeit to the County should the mining operator fail to perform according to the approved mining reclamation plan and schedule.

(2)

The surety must be for 18 months or the length of the permit plus six months, whichever is less, for reclamation. Likewise, it must also be in a form that is acceptable to the Mining Coordinator, the County Engineer, and the Board of County Commissioners' Attorney, and it is subject to final acceptance by the BoCC. This surety will have to be renewed on an annual basis until the permitted mining operation is completed. At the time of renewal, the amount of the surety will be adjusted for reclamation performed and any changes in the quantities to be mined.

(B)

Release of Financial Security to Ensure Reclamation.

(1)

The Permittee shall notify the Mining Coordinator in writing to request the release of financial security. Prior to the release, the following shall occur:

(a)

The Mining Coordinator shall complete a final inspection and approve reclamation of the site;

(b)

The Permittee shall submit a signed, sealed and dated topographic survey to indicate total cubic yards of material excavated or a calculation of the cubic yards excavated by multiplying the maximum depth of the excavation by the surface area of the excavation;

(c)

The Permittee shall submit the balance of payment in full for the total cubic yards of material excavated.

(2)

The County Manager or designee shall return the released financial security to the permittee within 30 days of approval.

(A)

Staking. Prior to excavation, the perimeter of the land excavation shall be adequately staked to delineate the excavation. These stakes shall be maintained throughout the duration of excavation and reclamation. The Mining Coordinator may require a legal description of the land excavation when necessary for determining staking and location of the land excavation.

(B)

Protection of Water Resources.

(1)

Land excavation operations shall not have an adverse impact on the quality of either surface water or groundwater on surrounding property. Applicants must ensure the proposed operations meet the standards of the County, the Florida Department of Environmental Protection, and other applicable regulatory agencies.

(2)

Land excavation operations shall not have any adverse impact on water levels of either surface water or groundwater on surrounding property. The Mining Coordinator may set limits on water level declines at the property line, may require the applicant to install appropriate monitoring/observation wells, and may require the applicant to submit monitoring reports regarding water level fluctuation.

(3)

Land excavation operations shall not breach the semi-confining layer beneath the surficial aquifer. A minimum thickness of 10 feet of the semi-confining unit must remain beneath the base of the excavation at all times.

(4)

All lake creations will be subject to the regulations of the County, Southwest Florida Water Management District, the Florida Department of Environmental Protection, and other applicable regulatory agencies.

(5)

Except as otherwise restricted by this Code, agriculture irrigation reservoir authorizations issued through the Southwest Florida Water Management District or Florida Department of Environmental Protection under Environmental Resource Permit or Water Use Permit rules, including permits and exemptions, will be accepted as meeting the protection of water resource criteria of this Section.

(6)

Silt fencing may be required in areas that require protection upon review of the application.

(C)

Noise. Land excavation operations shall not create a sound level which exceeds 75 decibels as measured at the property boundary.

(D)

Toxic or Hazardous Substances. There shall be no disposal of any toxic or hazardous substances, or vegetative material or any other discarded material into the land excavation or on the land excavation site either during or subsequent to land excavation operations. The property owner shall be responsible for the immediate removal of all unauthorized materials disposed of in excavated areas or on the land excavation site with or without their knowledge or consent.

Any unauthorized materials existing on the land excavation site must be removed prior to permit issuance. Vegetative material from the site may be burned if properly permitted. All other unauthorized materials must be transported to a permitted landfill, transfer station or other approved disposal site.

(E)

Slopes.

(1) The standard slope for the side of a lake creation, including ditches, shall be four feet measured horizontally to one foot measured vertically (4:1) to a depth of six feet below normal water level, then no steeper than two feet measured horizontally to one foot measured vertically (2:1) to the bottom of the excavation. The side slopes of excavations for the purpose of agriculture irrigation reservoirs shall be designed and constructed as authorized by the Southwest Florida Water Management District or the Florida Department of Environmental Protection. Proof of permitted design shall be submitted at the time of Operating Permit application. Dry land excavations shall be no steeper than four feet measured horizontally to one foot measured vertically (4:1) to the bottom of the excavation. Any mitigated wetlands shall be sloped and vegetated as approved by the State of Florida.

(2) Required side slopes shall be constructed and maintained as excavation progresses. Side slopes shall not be excavated and backfilled, unless approved by the Board of County Commissioners.

(F)

Haul Roads. The land excavation property owner shall control dust generated by the land excavation's trucks within 500 feet of any residence. Additionally, if an offsite haul route contains a dirt segment of a public road, the land excavation property owner may be required by the BOCC, as part of the Mining Major Special Exception Use Permit's conditions of approval, to pave the dirt segment of the public road in accordance with the County's requirements.

(G)

Dust and Smoke.

(1)

The land excavation shall be operated in such a manner that fugitive dust emissions are minimized. To minimize dust and to prevent the deposit of land excavation material on paved roads, trucks shall be covered with their tailgates securely latched. Dirt road segments of the designated haul route may require regular watering to minimize dust generated by hauling activities.

(2)

Open burning associated with land excavation must be processed in accordance with County's requirements.

(H)

Ingress/Egress.

(1)

A copy of the permit or no permit required from Road and Bridge must be provided.

(2)

A stop sign shall be posted at the land excavation site access onto a public road.

(3)

On-site, excavated material shall be transported along a course from the land excavation to the point of ingress/egress access which would have the least adverse impact, if any, on surrounding land uses and/or environmentally sensitive areas.

(I)

Upland and Significant Habitat. Upland significant and essential wildlife habitat shall be protected in accordance with the standards and guidelines as set forth by the rules and regulations of the State of Florida.

(J)

Compliance with FDEP and Other Regulatory Agency Requirements. The land excavation shall comply with the FDEP Reclamation Requirements for Solid Resources other than Phosphate, Limestone, Heavy Minerals, and Fuller's Earth. Prior to permit issuance, the applicant must show proof of notification to the FDEP in accordance with Chapter 378 Florida Statutes, and other state and federal regulatory agencies.

(A)

Grading.

(1)

Side slopes of the land excavation shall be fine graded to a slope of four feet measured horizontally to one foot measured vertically (4:1) to a depth of six feet below normal water level, then no steeper than two feet measured horizontally to one foot measured vertically (2:1) to the bottom of the excavation. The side slopes of excavations for the purpose of agriculture irrigation reservoirs shall be designed and constructed as authorized by the SWFWMD or FDEP. Proof of permitted design shall be submitted at the time of Operating Permit application. Dry land excavations shall be no steeper than four feet measured horizontally vertically (4:1) to the bottom of the excavation.

(2)

All disturbed upland areas within the land excavation site shall be graded to elevations which existed prior to permit approval. Notwithstanding, in the case of excavations for the purpose of agricultural irrigation the site shall be graded to the elevations authorized by SWFWMD or/or FDEP. Proof of approved grading requirements shall be submitted at time of Operating Permit application.

(B)

Vegetation.

(1)

A landscaped littoral shelf shall be incorporated along a minimum of 30% of the bank along the entire perimeter of the excavation. The littoral shelf shall be landscaped with native wetland plants. This landscaping material shall consist of a diversity of herbaceous and/or forested plants as recommended by the Mining Department. This requirement shall not apply to excavations authorized by the SWFWMD or FDEP for the purpose of agricultural irrigation.

(2)

Lake Creation—All side slopes shall be stabilized by seed and mulch or sod to a minimum elevation at the normal low water level.

(3)

Dry Land Excavations.

(a)

The entire area of the land excavation (side slopes and bottom) shall be seeded and mulched or sodded.

(b)

Prior to the commencement of onsite activities, all required buffer areas, as determined by the County, shall be planted with a maximum of 30 trees per acre.

1.

Tree species selected shall be suitable to the site conditions, representative of the surrounding plant ecology, and freeze tolerant.

2.

The trees shall be an assortment of large (mature height of 50 feet or greater), medium (mature height from 25 to 50 feet), and small trees (mature height from 15 to 25 feet) planted on 20-foot centers in offset rows.

3.

To the extent feasible, the planting format should create, upon maturity, a tiered effect, with the large trees planted closest to the excavation, medium trees in the middle, and small trees planted closest to the property line.

4.

At installation, all trees shall be six feet in height and meet Florida Grade #1 or better quality as specified in the "latest" Grades and Standards for Nursery Plants, Part II, Florida Department of Agriculture and Consumer Services.

5.

A low volume irrigation system or suitable alternative is required to ensure that adequate water is available for the establishment and maintenance of the trees.

6.

Replacement of dead, diseased, or irreparably damaged trees may be required at any time during the operation or reclamation of the land excavation if the number of healthy trees drops below approximately 75% of the number originally planted.

(4)

All upland disturbed areas within the land excavation site shall be seeded and mulched or sodded.

(A)

Application Fees.

(1)

The Board of County Commissioners finds these fees to be fair, reasonable, and necessary to the effective administration and enforcement of this Section. Therefore, the following fees shall apply upon adoption of this Section. In addition, the Board of County Commissioners may adjust these fees from time to time via resolution of the Board of County Commissioners.

(a)

Operating Permit Fee—$500.00 plus $10.00 for each acre over 100;

(b)

Annual Progress Report Fee—$300.00.

(A)

Purpose and Intent. Large-scale use such as Phosphate Mining and related industrial activities associated with the transportation and beneficiation of phosphate ore and mineral processing, due to the size, character, and unique combination of impacts on public facilities and environmental resources, requires extraordinary review when proposed for a particular location within the County. A Mining Major Special Exception Use is subjected to a higher standard of review which combines the analysis and considerations required for rezoning, review of a Master Mining and Reclamation Plan, and other standards detailed in this Article. The Mining Major Special Exception Use Permit has been created given the unique and specific types of impacts associated with mining operations. Before a Mining Major Special Exception Use permit can be issued, a Comprehensive Plan amendment and/or rezoning may be required. If so, the Comprehensive Plan amendment and/or rezoning may be reviewed at the same hearing as the Mining Major Special Exception Use and the Master Mining and Reclamation Plan. It is the purpose of this Section to identify the standards and the review process for a Mining Major Special Exception Use Permit and for modifications thereto.

(B)

Status of DRI Development Orders. A solid mineral mine subject to a development-of-regional-impact development order that became effective prior to the effective date of the ordinance from which this Section derives shall continue to be governed by, and may be completed in reliance upon and pursuant to, the development-of-regional-impact development order unless the landowner has followed the procedures for rescission required by state law. Any proposed addition to, expansion of, or other change to such a mine shall be subject to review and approval pursuant to this Mining Major Special Exception Use regulation and shall not be subject to further development-of-regional-impact review or approval for such addition, expansion, or change.

A developer or landowner may request that the Board of County Commissioners rescind the development-of-regional-impact development order for such a mine. Upon a showing that the developer or landowner has met the requirements for rescission established by state law, the Board of County Commissioners shall by resolution rescind the development-of-regional-impact development order and incorporate its terms and conditions into a local development order. Any provision of this Code related to the processing of mining approvals as developments of regional impact are null and void as to mining and shall be deemed superseded by the corresponding provision within this Section.

A Mining Major Special Exception Use includes all activities directly related to the proposed pre-mining and mining operations, such as the transportation and beneficiation of phosphate ore and mineral processing. Mining Major Special Exception Uses require review and a recommendation by the Planning and Zoning Board and approval by the Board of County Commissioners as outlined in the following Sections.

At the time of a proposal for a Mining Major Special Exception Use, a detailed review of the location, design, configuration, and impact will be conducted by comparing the proposed Mining Major Special Exception Use to fixed standards. Of particular importance are standards for weighing the public need for and benefit to be derived from the use, against the greater than local impact that it may cause. The review considers the proposal in terms of:

(A)

Whether and to what extent, the Mining Major Special Exception Use at the particular location for which it is proposed, is necessary or desirable and in the interest of furthering the Comprehensive Plan, of providing for the public convenience, or of contributing to the general welfare of Hardee County.

(B)

Whether and to what extent all steps possible will be taken by the developer to minimize any adverse effects of the Mining Major Special Exception Use on the immediate vicinity and on the public health, safety, and welfare in general.

(C)

Whether and to what extent, planned and proposed public and private developments may be adversely affected by the Mining Major Special Exception Use.

(D)

Whether and to what extent, existing zoning, and land use in the vicinity of the Mining Major Special Exception Use require special considerations and conditions.

(E)

Whether and to what extent, the proposed Mining Major Special Exception is consistent with the established standards related to:

(1)

Whether one or more of the following design standards proposed for any proposed beneficiation plant will differ substantially from the design standards currently allowed for any of the adjacent properties, such as:

(a)

Yards.

(b)

Setbacks.

(c)

Height.

(d)

Lot coverage.

(e)

Impervious surface coverage.

(f)

Parking.

(g)

Hours of operation.

(2)

Whether the intensity or density of use will be greater or lesser than that currently permitted for adjacent or currently existing properties.

(3)

Whether the proposed change in land use will adversely alter the existing land use pattern.

(4)

Whether the proposed Mining Major Special Exception Use will significantly increase traffic congestion or otherwise affect public safety.

(5)

Whether the proposed Mining Major Special Exception Use will adversely affect the drainage of the property.

(6)

Whether the proposed Mining Major Special Exception Use will decrease the quality of water, air, or light to adjacent properties.

(7)

Whether the propose Mining Major Special Exception Use will adversely affect the property values of the adjacent properties.

(8)

Whether the proposed Mining Major Special Exception Use is consistent with the provisions of Section 5.12.02.01 regarding noise, Section 5.12.02.07 regarding odors, and Section 5.12.02.08 regarding glare within land areas protected by Section 13.03.06(A)(1)(b). The noise level of 75 decibels provided in Section 13.03.06(A)(6) shall apply along all other boundaries of the property.

(9)

Whether the proposed Mining Major Special Exception Use would create a mixture of land uses after reclamation so dissimilar to the existing pattern of development, that the overall quality and character of the surrounding neighborhood would be degraded.

(10)

Whether the detrimental effects of any identified incompatibilities can be mitigated or eliminated by adequate buffering and reclamation.

(11)

Whether the proposed Mining Major Special Exception Use will adversely affect federally listed plants within the proposed project.

(12)

Whether the proposed Mining Major Special Exception Use will adversely affect state and/or federally listed wildlife and vegetative species within the proposed project.

A pre-application conference is required for all applications for Mining Major Special Exception Use approval. The pre-application conference is a meeting between Hardee County staff and representatives of the developer that will apply for the Mining Major Special Exception Use permit. Information required to conduct the pre-application conference must be submitted to the County at least 15 days prior to the meeting. Note that the following information lists the minimum information for a pre-application conference. The County may have more stringent information requirements for a pre-application conference specific to the proposed development, and County staff should be consulted prior to the pre-application conference.

Provide the following information about the proposed development, based on publicly available information:

(A)

General Information.

(1)

Name of the development.

(2)

Name, address, and telephone number of the applicant.

(3)

Name, address, and telephone number of the authorized agent.

(B)

Project Description.

(1)

A general description of the mine, mine addition and/or plant infrastructure. If a preliminary master plan has been developed, please provide.

(2)

Proposed mining and reclamation sequence of the project, including project buildout date.

(C)

Site Information.

(1)

Describe the existing land uses and vegetative associations. Provide a recent aerial photograph of the site.

(2)

Provide an environmental assessment of the site, encompassing such topics as the probable occurrence of wetlands and listed plant and animal species.

(3)

Indicate which portions of the site, if any, are within the 100-year floodplain.

(4)

Provide a letter from the Division of Historical Resources indicating if there are potential historic or archeological resources on the site which are listed in the Florida Master Site File.

(D)

Impact Area Information.

(1)

Provide a general location map. Indicate on this map adjacent land uses, the existence of public facilities, and any boundaries of incorporated municipalities.

(2)

Provide a map of the surrounding roadway network likely to be included in a transportation analysis. Indicate the functional classification and number of lanes of all roadways in the study area except residential streets.

(E)

Permitting and Approval Information.

(1)

Indicate if a Comprehensive Plan amendment and/or rezoning will be required for this development.

(2)

Provide a list of all permits which are required for the Mining Major Special Exception Use including those permits already applied for or received, specifying the date of application, issuing agency, and function of the permit.

(3)

Copies of local, state and federal permit applications and/or approvals including but not limited to an Environmental Resource Permit, Conceptual Reclamation Plan, Section 404 Clean Water Act Permit, Water Use Permit, and National Pollutant Discharge Elimination System Permit, may be submitted to fulfill the requirements of subsection 13.02.05(14-22). An applicant who chooses to submit such permit applications or approvals to fulfill the stated requirements must clearly cross reference the applicable permit or approval to the subsection and requirement it fulfills.

(F)

Methodologies, Assumptions, Findings, and Agreements. Provide a summary of each of the proposed methodologies, assumptions, models, criteria, etc., that will be used to address traffic, vegetation, wildlife, surface and groundwater quantity and quality and flood modeling in the Mining Major Special Exception Use permit application. The methodologies, assumptions, etc., should be specific enough so that once agreement is reached, the applicant and the County will have a clear understanding of what will be provided in the application. The intent of this agreement is to streamline the review period and decrease the number of insufficiency findings wherever possible. The County should be consulted prior to the pre-application conference to explain the proposed methodologies.

Within 30 days following the pre-application conference, the Planning and Development Division shall document the findings and agreements made by the participants, including a summary of all assumptions and methodologies agreed upon at the conference. This documentation shall be provided to all participants at the pre-application conference, who shall have a specified time period, but not less than 30 days, to comment, agree, or disagree in writing with the summary. Any disagreements shall be resolved within 60 days after the pre-application conference. After agreement has been reached regarding an assumption or methodology, neither the applicant nor County staff may subsequently object to the assumption or methodology, unless subsequent changes to the project or information obtained during the review make the assumption or methodology inappropriate. In addition to meetings, pre-application conference activities may consist of telephone calls, written correspondence or reports, or other means of communication.

All requests for a Mining Major Special Exception Use shall be submitted in writing to the Planning and Development Division, together with applicable fees, which shall have been established by resolution of the Board of County Commissioners. A request for a Mining Major Special Exception Use permit shall be accompanied by an application for Master Mining and Reclamation Plan approval which meets all the requirements of Section 13.03.00. The request for a Mining Major Special Exception Use permit will be considered for approval concurrently with the consideration of the Master Mining and Reclamation Plan.

(A)

Contents. The application shall contain the following items, as applicable:

(1)

A Statement of Intent to apply for a Mining Major Special Exception Permit.

(2)

Notarized authorization of the owner if the applicant is other than the owner or an attorney for the owner.

(3)

Authorized Agent and Consultants (name, address, phone).

(4)

Attach a notarized authorization from all persons or corporations (or authorized agents of said persons or corporations) having fee simple or lessor estate in the site indicating that each of these parties is aware of, and concurs with, the development of this property as described in this Mining Major Special Exception application. Include the names and addresses of all parties with an interest in the property.

(5)

Attach a legal description of the development site. Include section, township, and range.

(6)

List all agencies (local, state and federal) from which approval and/or a permit must be obtained prior to initiation of development. Indicate the permit or approval for each agency and its status.

(7)

Provide the following maps:

(a)

Map A: A general location map. Indicate the surrounding municipalities, major roads, etc.

(b)

Map B: A recent vertical aerial photo of the site showing project boundaries which reasonably reflects current conditions. Specify the date the photo was taken.

(c)

Map C: A topographic map with project boundaries identified (contour intervals from one to five feet should be determined in consultation with the Hardee County Mining Department during the pre-application process). Delineate 100-year flood plain areas and indicate major land surface features.

(d)

Map D: A land use map showing existing and approved uses on and abutting the site. The uses shown should include existing on-site land uses, recreational areas, utility and drainage easements, wells, right-of-way, and historic, archaeological, scientific, and architecturally significant resources and lands held for conservation purposes.

(e)

Map E: A soils map of the site, with an identification of the source of the information. The use of a source other than the most recently published U.S.D.A. Natural Resources Conservation Service (NRCS) soil surveys should be determined in consultation with the County at the pre-application conference.

(f)

Map F: A vegetation associations map indicating the total acreage of each association, based on the vegetation type described in the most recent edition of the Florida Land Cover Classification System.

(g)

Map G: A location map of all transects, trap grids, or other sampling stations used to determine the on-site status of listed wildlife and plant resources. Show location of all observed listed wildlife and plant resources, and show location of suitable habitat for all significant resources expected to be on-site.

(h)

Map H: A master conceptual mine and reclamation plan for the site. Indicate proposed mine and reclamation sequence, major public facilities, utilities, disturbed areas, preservation areas, easements, right-of-way roads, and a conceptual site plan for any proposed beneficiation facilities.

(i)

Map I: A master drainage plan for the site. Delineate existing and proposed: drainage basins, flow direction, water retention areas, drainage structures, flow route offsite, drainage easements, waterways, and other major drainage features. (This information may be presented on two separate maps (existing and proposed), if desired.)

(j)

Map J: A map of the existing highway and transportation network within the study area. The study area includes the site, and locations of all transportation facilities which are substantially impacted. This area should be finally defined on the basis of the findings of the traffic impact analysis, including determinations of where the criteria for a substantial impact are met. Completion of a traffic impact analysis shall be consistent with procedures described in the Hardee County Traffic Impact Study Procedures Manual.

(k)

Map K: A map of the existing wetlands with acreage. Also, indicate which wetlands will be disturbed and provide the acreage and limits of disturbance for each wetland on the map.

(l)

Map L: A map of all land within the proposed project area that will be left undisturbed/preserved. Also indicate any proposed wildlife corridors that are proposed.

(8)

Project description—Provide the following:

(a)

Describe and discuss in general terms the plan for mining and reclamation.

(b)

Provide a breakdown of the existing and proposed land uses on the site Use Level III based on the most recent edition of the Florida Land Cover Classification System. Refer to Maps D (Existing Land Use) and H (Master Plan).

(c)

Briefly describe previous and existing activities on site. Identify any constraints or special planning considerations that these previous activities have with respect to the proposed development.

(d)

Demonstrate how the proposed project is consistent with the local Comprehensive Plan and Land Development Code. Indicate whether the proposed project will require an amendment to the adopted local Comprehensive Plan, including the Capital Improvements Element. If so, please describe the necessary changes.

(e)

Provide a table detailing the employment generated by this project and the income range.

(f)

Summarize the impacts this project will have on natural resources.

(g)

The existing and proposed location of buildings on the property.

(h)

Provide the overall acreage of the project.

(9)

Revenue generation summary—Provide the following:

(a)

Project the revenues anticipated to be generated by the project. This projection should include any source or use of funds which could have any reasonable connection to the proposed development.

1.

Make the following projections by year, including the first and last year in which mining takes place:

a.

Yearly ad valorem and tangible personal property tax receipts.

b.

Yearly fees collected.

c.

Yearly sales tax received by local government.

d.

Yearly gasoline tax received by local government.

e.

Yearly projections of any other revenues by any other sources generated as a result of development of the proposed project within the region.

2.

List all assumptions used to derive the above projections and estimates, show the methodologies used and describe the generally accepted accounting principles used in all assumptions, estimates and projections.

(10)

Vegetation and Wildlife—Provide the following:

(a)

Identify the dominant species and other unusual or unique features of the plant communities on Map F. Identify and describe the amount of all plant communities that will be preserved in a natural state following development as shown on Map H. Provide acreages in a table, based on the most recent edition of the Florida Land Cover Classification System (FLCS), and identify what is to be disturbed, enhanced, preserved, and reclaimed.

(b)

Discuss what survey methods were used to determine the absence or presence of state or federally listed wildlife and plants. State actual sampling times and dates, and discuss any factors that may have influenced the results of the sampling effort. Show on Map G the location of all transects, trap grids, or other sampling stations used to determine the on-site status of state or federally listed wildlife and plant resources.

(c)

List all species listed by state or federal agencies that were observed on the site and show location on Map G. Given the plant communities on-site, list any additional species listed by state or federal agencies expected to occur on the site and show the location of suitable habitat on Map G. Additionally, address any unique wildlife and plant resources, such as colonial bird nesting sites and migrating bird concentration areas. For species that are either observed or expected to utilize the site, discuss the known or expected location and population size on-site, existence (and extent, if known) of adjacent, contiguous habitat off-site, and any special habitat requirements of the species.

(d)

Indicate what impact development of the site may have on species listed by state or federal agencies that are known to occur on site based on the surveys conducted pursuant to subsection (10)(b).

(e)

Discuss what measures are proposed to be taken to mitigate impacts to species listed by state and federal agencies. If protection is proposed to occur on-site, describe what legal instrument will be used to protect the site, and what management actions will be taken to maintain habitat value. If protection is proposed to occur off-site, identify the proposed amount and type of lands to be mitigated as well as whether mitigation would be through a regional mitigation land bank, by acquisition of lands that adjoin existing public holdings, or by other means.

(11)

Wetlands—Provide the following:

(a)

Acreage and percentage of property which is currently wetlands. These wetlands should be shown on Map F, Vegetation Associations and identified by individual reference numbers.

(b)

Historic hydroperiods and seasonal water elevations of on-site wetlands.

(c)

Acreage and location of wetlands which are to be preserved in their natural or existing state, including proposed hydroperiods, seasonal water elevations and methods for preservation.

(d)

Complete and provide Uniform Mitigation Assessment Method (UMAM) scores for all wetlands within the project boundary.

(e)

Acreage and location of areas to be enhanced, including proposed hydroperiods, seasonal water elevations and methods of enhancement.

(f)

Actions taken to minimize or mitigate impacts on wetland areas, including maintaining the hydroperiod and providing buffers.

(g)

Acreage and location of wetlands which will be disturbed or altered, including a discussion of the specific alterations and disturbances.

(h)

Precautions to be taken during mining or construction of plant facilities to protect wetland areas that will not be mined.

(i)

Provide jurisdictional determinations for all wetlands within the project boundary.

(j)

Provide any proposed plans (conceptual or specific) for created or enhanced wetland areas, including littoral lake slopes, buffers, vegetative species to be planted, etc.

(12)

Water—Provide the following:

(a)

Describe the existing hydrologic conditions (both ground and surface water) on and abutting the site including identification and discussion of any potential aquifer recharge areas. Please identify and describe any Outstanding Florida Waters, Wild and Scenic Rivers, Florida Aquatic Preserves or Florida Class I or II Waters that occur within, abutting or downstream of the site and that are located in Hardee County.

(b)

Describe, in terms of appropriate water quality parameters, the existing ground and surface water quality conditions on the site. (The appropriate parameters and methodology should be agreed to by the County at the pre-application conference stage.)

(c)

Describe the measures which will be used to mitigate (or avoid where possible) potential adverse effects upon ground and surface water quality, including any resources identified in subsetion (12)(a).

(13)

Soils—Provide the following:

(a)

Provide a description of each of the soils indicated on Map E. The description provided should include the following:

1.

Soil name and map symbol.

2.

Description of the soil.

3.

Seasonal high water depth.

4.

Permeability rate.

(b)

Describe the potential for subsidence and any unique geologic features (such as sand dunes, bluffs, sinkholes, springs, steepheads, etc.) on the site. Discuss what aspects of the site plan will be used to compensate for or take advantage of these features.

(c)

Provide site specific studies and other relevant information that have been completed relative to sinkhole development within the project boundaries.

(d)

Where a soil presents a limitation to the type of use proposed in the development, state how the limitation will be overcome. Specify construction methods that would be used for buildings, road and parking lot foundations, lake or canal bank stabilization, clay settling area dams, beneficiation plants, etc.

(e)

What steps will be taken during site preparation and construction to prevent or control wind and water soil erosion? Include a description of proposed plans for clearing and grading as related to erosion control.

(f)

To what degree and in what location(s) will the development site for permanent structures be altered by fill material? If known, specify the source location and composition of the fill. Also identify the disposal location for any overburden or spoil.

(14)

Floodplains—Provide the following:

(a)

Identify any pre- and post-reclamation flood plain areas.

(b)

If any structures, roadways or utilities are proposed within the post-reclamation 100-year flood plain area, identify their location and indicate what measures will be taken to mitigate the potential flood hazard and to maintain the 100-year floodplain storage volume.

(c)

Discuss any potential increases in the off-site flooding due to the development of this project.

(d)

Provide a dam breach flooding analysis for each proposed clay settling area. The County may require the application of additional administrative or engineering controls, and/or additional purpose-designed flood control features, to control potential offsite flooding in the event of a dam failure.

(e)

Provide an emergency response plan for each clay settling area to be placed into service.

(15)

Water supply - Provide the following:

(a)

Provide a projection of the average daily potable and non-potable water demands at the end of each phase of development. If significant seasonal demand variations will occur, discuss anticipated peaks and duration.

(b)

Describe how this demand information was generated, including the identification of the consumption rates assumed in the analysis.

(c)

Provide a breakdown of sources of water supply, both potable and non-potable, by development phase through project completion.

(d)

If water wells exist on-site, locate them on Map H and specify those that will continue to be used. Also locate on Map H all proposed on-site wells. Indicate the diameter, depth, and pumping rates (average and maximum) for each of the existing wells and project this information for the proposed wells. Also provide a breakdown of the wells with regard to potable and non-potable sources.

(e)

If on-site water wells are used, will this result in interference with other water wells or result in adverse impacts to underlying or overlying aquifers? Document the assumptions underlying this response.

(f)

Please describe any water conservation methods or devices incorporated into the plan of development. What percentage of reduction is anticipated over conventional plans?

(16)

Wastewater management—Provide the following:

(a)

Provide the projected wastewater generation and proposed wastewater treatment. Identify the assumptions used to project this demand.

(b)

Indicate if wastewater will be introduced to the project from an offsite source. Include the source, location of discharge and quantity.

(17)

Stormwater management—Provide the following:

(a)

Describe the existing drainage patterns on-site as shown on Map I, including any potential flooding and erosion problems.

(b)

Describe the various elements of the proposed drainage system shown on Map I, including any wetlands to be used as part of the system, and discuss the design criteria (including stage-storage/ stage discharge assumption) to be used for the various elements. Provide typical cross-sections (showing dimensions, slopes, and control elevations) for any proposed lakes or swales. Identify the control elevation for all drainage structures. Include information as to what design storm will be used for the system.

(c)

From Map I, indicate the total number of acres in each drainage area and specify the acreage of any portions of drainage areas outside the site boundaries.

(d)

Specify and compare the volume and quality of run-off from the site in its existing condition to the anticipated run-off at the end of each reclamation parcel (as defined by the DEP reclamation program). (The parameters to be used to define "quality" and methodology shall be agreed to by the County at the pre-application conference stage.) Identify any changes in timing or pattern of water flows between pre- and post-reclamation conditions. Indicate major points of discharge and ultimate receiving water body(ies). Indicate what provisions will be incorporated in the design of the drainage system, including a summary description of any Best Management Practices to be utilized, to minimize any increase in run-off from the site and to minimize any degradation of water quality in the County receiving body over that occurring in its pre-reclamation state.

(18)

Solid waste/hazardous waste/medical waste—Provide the following:

(a)

Provide a projection of the average daily volumes of solid waste generated.

(b)

Please specify the extent to which this project will contain laboratories, storage facilities, and warehouse space where hazardous materials may be generated or utilized. What types of hazardous waste or toxic materials are likely to be generated? Will a hazardous materials management plan be prepared covering all uses of hazardous materials on-site? If so, please discuss contents and enforcement provisions.

(c)

Please discuss what measures will be taken to separate hazardous waste from the solid waste stream. What plans and facilities will be developed for hazardous or toxic waste handling, generation, and emergencies?

(d)

Please identify off-site disposal plans for hazardous waste generated by this development and provide assurance of proper disposal by a qualified contractor.

(e)

For all waste disposal planned (on or off site), attach a copy of the letter from the developer describing the types and volumes of waste and waste disposal areas requested, and attach a letter from the agencies or firms providing services.

(19)

Transportation resource impacts—Provide the following:

(a)

Complete a traffic impact analysis based on procedures described in the Hardee County Traffic Impact Study Procedures Manual.

(b)

Identify the anticipated number and general location of access points for driveways, median openings, and roadways necessary to accommodate the proposed development. Describe how the applicant's access plan will minimize the impacts of the proposed development and preserve or enhance traffic flow on the existing and proposed transportation system. This information will assist the applicant and County in reaching conceptual agreement regarding the anticipated access points. While the Mining Major Special Exception Permit application may constitute a conceptual review for access points, it is not a permit application and, therefore, the applicant is not required to include specific design requirements (geometry) until the time of permit application.

(c)

If applicable, describe how the project will complement the protection of existing, or development of proposed, transportation corridors designated by local governments in their Comprehensive Plans. In addition, identify what commitments will be made to protect the designated corridors such as inter-local agreements, right-of-way dedication, building setbacks, etc.

(20)

Air quality—Please provide the following:

(a)

Document the steps which will be taken to contain fugitive dust during site preparation and while mining operations take place.

(b)

Specify structural or operational measures that will be implemented by the development to minimize air quality impacts.

(21)

Historical and archeological sites:

(a)

Describe any known historical or archaeological sites on the development site. Provide a letter from the Department of State, Division of Historical Resources (DHR), which includes a list of known sites within the development site, the likelihood of historical or archaeological sites occurring within the development site, whether a site survey is needed, and whether any known sites are significant.

(b)

If DHR recommends that a site survey be done, the results of such a survey, conducted for the mining area by an acceptable professional, shall be provided. Contact County staff prior to any survey.

(c)

If significant historical or archaeological sites exist on-site, indicate what measures would be taken to protect them, or to minimize or mitigate impacts to them. Where appropriate, describe the measures for providing public access to the sites.

(22)

Mining Operation—Please provide the following information:

(a)

Type of mining operation.

(b)

Mineral being mined.

(c)

Proposed annual area in acres to be mined and total annual area disturbed by mining, roads, overburden deposit, processing, etc. (specify total ultimate area to be mined or disturbed).

(d)

Estimated annual extraction of minerals, thickness of the ore zone, amount of material spoiled, thickness of overburden being spoiled, and spoil location.

(e)

Amount of clay and sand.

(f)

Discuss the proposed water use plans in terms of daily withdrawal, consumptive use, source of supply, recycling, type of use, quality, and method of treatment, and point and amount of discharge. This requirement may be satisfied by attachment of a consumptive use permit and related application materials.

(g)

Discuss the effects of the water withdrawals on adjacent aquifers in terms of quantity, quality, and pressure. Are test wells or monitoring wells planned to evaluate drawdown effects? This requirement may be satisfied by attachment of a consumptive use permit and related application materials.

(h)

What provisions, if any, will be made for periodic inspection and maintenance of retaining dikes, dam walls, any structure responsible for impoundment?

(i)

Indicate whether on-site beneficiation of ore or minerals is planned. If so, describe the type and location of the beneficiation operation.

(j)

Identify the potential for the release of radioactive materials into ground water, surface water or into the air. Discuss in detail what measures will be taken to prevent or minimize any such releases.

(k)

Reclamation—Provide a proposed reclamation program which includes the following:

1.

A map showing what mined and disturbed areas are to be reclaimed.

2.

Estimated acreage of the total mined and disturbed areas that would be reclaimed.

3.

An annual reclamation schedule which includes reclaimed acreage.

4.

The proposed uses for the reclaimed land.

5.

Methods for reclaiming waste storage areas.

6.

Description of surface drainage within reclaimed areas.

7.

Specific vegetative types to be used for reclamation, and the classification of such vegetation, as described in the most recent edition of the Florida Cover Classification System.

8.

The general topography and slopes that will be created by reclamation.

(l)

To what location(s) will the minerals being mined on the site be shipped? Include all trans-shipment points. Will further processing occur at these locations?

(m)

By what transportation mode will the minerals be shipped? Specify all carriers, and provide a percentage breakdown by mode.

(n)

Will the proposed mining operations require any expansion of transportation facilities within the region (rail, port, etc.)?

(A)

Sufficiency Review. Within 60 days of receipt of an application for a Mining Major Special Exception Use, the Planning and Development Division shall:

(1)

Determine that the application is complete and proceed with formal review.

(2)

Determine that the information submitted as the application is not complete and inform the developer in writing of any deficiencies.

(a)

The developer shall submit any required information or request additional time in which to submit such information within 30 days, or submit a letter indicating that in their judgment the application is complete. If additional time is requested County shall specify in writing how much additional time applicant has. In the second case, the developer shall specifically request that formal review commence; and

(b)

If as a result of the Planning and Development Division's comments the developer chooses to submit an amended application, they shall do so within 60 working days or within such time as the County may in writing agree. If more than 60 working days or the additional agreed time passes, the developer shall file a new application, which may be subject to additional fees.

The Planning and Development Division may request additional information no more than twice, unless the applicant waives this limitation.

(B)

Report to Planning and Zoning Board. Within 60 days of a determination that the application is complete, the Planning and Development Division shall submit a written report containing their recommendations on the proposed Mining Major Special Exception Use to the Planning and Zoning Board. The report shall be made available at least 10 days prior to the meeting of the Planning and Zoning Board at which the application will be heard. A copy of the report shall be made available to the applicant.

(C)

Planning and Zoning Board Hearing. Within 45 days of submission of the staff report, the Planning and Zoning Board shall hold a public hearing on the application for a Mining Major Special Exception Use and shall forward its recommendations to the Board of County Commissioners. The Planning and Zoning Board review and recommendations shall specifically address:

(1)

Concurrency management issues and considerations associated with the proposed Mining Major Special Exception Use, pursuant to the standards and procedures in this Article.

(2)

The need to formally amend the Comprehensive Plan. Should the Planning and Zoning Board find that a Comprehensive Plan amendment is required, then the Comprehensive Plan amendment review shall be conducted in accordance with the standards and procedures set forth in Article 9. The Comprehensive Plan amendment may be reviewed at the same hearing as the Mining Major Special Exception Use. However, depending on the nature of the Plan amendment, further consideration of the application for a Mining Major Special Exception Use may be placed on hold until the amendment is adopted.

(3)

Rezoning issues, if any, and recommended conditions for the Mining Major Special Exception Use pursuant to this Article. The rezoning request may be reviewed at the same hearing as the Mining Major Special Exception Use.

(4)

Master Mining and Reclamation Plan issues and Standards of Review, including any recommended conditions for the proposed Mining Major Special Exception Use pursuant to Section 13.03.05 of this Code.

(D)

Findings and Recommendation to Approve a Mining Major Special Exception Use. The Planning and Zoning Board may recommend approval of an application for a Mining Major Special Exception Use only when all of the conditions below are met.

(1)

The proposed Mining Major Special Exception Use is consistent with the Hardee County Comprehensive Plan.

(2)

The proposed Mining Major Special Exception Use would not degrade the Level of Service of one or more public facilities and services, or contains commitments to make improvements to maintain Levels of Service established by the Comprehensive Plan.

(3)

The proposed Mining Major Special Exception Use at the proposed location will not result in adverse impacts to adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare; either as they now exist or as they are reasonably expected to exist in the future, as a result of the implementation of the goals, objectives and policies of the Comprehensive Plan.

(4)

The proposed Mining Major Special Exception Use meets all of the standards and requirements of this Code that are applicable to it.

(5)

Reasonable conditions can be derived and agreed upon that will address the concerns of the Planning and Zoning Board and mitigate adverse impacts of the proposed Major Special Exception Use.

(E)

Findings and Recommendation to Deny a Mining Major Special Exception Use. The Planning and Zoning Board may recommend denial of any application for any Mining Major Special Exception Use for one or more of the following reasons.

(1)

The proposed Mining Major Special Exception Use is inconsistent with the Hardee County Comprehensive Plan.

(2)

The proposed Mining Major Special Exception Use would degrade the Level of Service of one or more public facilities and services, and contains no commitment to make improvements to maintain acceptable Levels of Service.

(3)

The proposed Mining Major Special Exception Use at the proposed location results in an adverse impact on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare; and no reasonable conditions have been, or can be, derived or agreed upon that will address the concerns of the Planning and Zoning Board and mitigate the impact of the proposed Mining Major Special Exception Use.

(4)

The proposed Mining Major Special Exception Use does not otherwise meet all of the standards and requirements of this code that are applicable to it.

(F)

Decision by Board of County Commissioners. Within 30 days of receipt of the Planning and Zoning Board recommendation, the Board of County Commissioners shall hold a public hearing after due public notice on the Mining Major Special Exception Use and shall consider the recommendations of the Planning and Zoning Board. The Board of County Commissioners may conduct a joint hearing with the Planning and Zoning Board and extend the timing requirements for the Planning and Zoning Board decision (see (C) above) accordingly if the applicant concurs. The Board of County Commissioners by resolution shall enter a development order which shall approve, approve with conditions, or deny the Mining Major Special Exception request. The development order shall set forth specific findings of fact and conclusions of law as to whether the proposed Mining Major Special Exception Use is consistent with the standards and procedures of Section 13.02.03. In the alternative, the Board of County Commissioners may continue the request and seek additional information. No approval of a Mining Major Special Exception Use shall be granted unless approved by a majority of the Board of County Commissioners voting.

(G)

Conditions and Safeguards. The development and use of the site of an approved Mining Major Special Exception Use shall be in accordance with the approved development order and Master Mining and Reclamation Plan. The Planning and Zoning Board may recommend and the Board of County Commissioners may impose on the granting of any Mining Major Special Exception Use any conditions or safeguards found to be necessary to ensure compatibility with surrounding properties or the community in general. These may include, but are not limited to:

(1)

Requiring restrictions on hours of operation and size of buildings.

(2)

Requiring additional landscape and buffer areas.

(3)

Limiting vehicular access points.

(4)

Other conditions which are reasonable and necessary to preserve the general welfare of Hardee County.

Violation of any such condition or safeguard shall be deemed a violation of this Code and may result in a revocation of any Mining Major Special Exception Use permit, in addition to any other remedy for such violation provided in this Code.

(H)

Burden of Proof for a Mining Major Special Exception Use. The burdens of proof for a Mining Major Special Exception are as follows:

(1)

The initial burden is upon the applicant to prove that the Mining Major Special Exception request is consistent with the Comprehensive Plan and meets all criteria of the Unified Land Development Code for granting such exception.

(2)

At this point, the burden shifts to the County to demonstrate that granting the Mining Major Special Exception does not meet the applicable standards and would be adverse to the public interest.

(I)

Findings. The Board of County Commissioners shall make written findings of fact and conclusions of law of its decision, which shall be furnished to the applicant within five working days of the action. Any conditions adopted as a part of the approval of a Mining Major Special Exception Use shall be explicitly stated in the development order, and shall be the basis for any subsequent Development Agreement or Development Order associated with the Mining Major Special Exception Use. In the instance of a denial, the written finding shall state the reason, or reasons, for the denial from the list above, in sufficient detail to eliminate misunderstanding on the part of the applicant, any future applicant, and the officials of Hardee County and shall indicate any changes in the application that would make it eligible to receive approval.

(J)

Proposed Changes. Any proposed change to a previously approved project or development order condition which, either individually or cumulatively with other changes, exceeds any of the following criteria shall constitute a substantial deviation and shall cause the development to be subject to further Mining Major Special Exception Use review without the necessity for a finding of same by the local government through the public hearing process:

(1)

A 25% increase in the number of external vehicle trips generated by the development above that which was projected during the original Mining Major Special Exception Use review.

(2)

Any acreage increase to the project equal to or greater than 10% of the approved project area.

(3)

Any change that would result in development of any area which was specifically set aside in the Mining Major Special Exception Use application or in the development order for preservation or special protection of endangered or threatened plants or animals designated as endangered, threatened, or species of special concern and their habitat, any species protected by 16 U.S.C. ss. 668a-668d, primary dunes, or archaeological and historical sites designated as significant by the Division of Historical Resources of the Department of State.

(4)

An extension of the date of buildout of a development, or any phase thereof, by more than five years is presumed to create a substantial deviation subject to further Mining Major Special Exception Use review. This presumption may be rebutted by clear and convincing evidence.

(K)

Proposed Change Review Process for Non-Substantial Deviations.

(1)

The developer shall submit to the Planning and Development Division the request for approval of a proposed change not enumerated in (J) above. Applications for non-substantial deviations shall comply with the submittal requirements of Section 13.02.04. The applicant and County staff may agree that the circumstances surrounding the proposed non-substantial deviation also require the submittal of one or more of the items identified in subsection 13.02.05.

(2)

No sooner than 30 days but no later than 45 days after submittal by the Developer, Hardee County shall give 15 days' notice and schedule a public hearing to consider the change that the developer asserts does not create a substantial deviation. This public hearing shall be held within 60 days after submittal of the proposed changes, unless that time is extended by the developer.

(3)

At the public hearing, the Board of County Commissioners shall determine whether the proposed change requires further Mining Major Exception Use review. The Board of County Commissioners shall also determine whether the proposed change is consistent with the standards and procedures of Section 13.02.03 and shall by resolution enter a development order which shall approve, approve with conditions, or deny the proposed change.

(4)

If the Board of County Commissioners determines that the proposed change does not require Mining Major Special Exception Use review and is otherwise approved, Hardee County shall issue an amendment to the development order incorporating the approved change and conditions of approval relating to the change. The decision of the local government to approve, with or without conditions, or to deny the proposed change that the developer asserts does not require further review shall be subject to appeal in circuit court.

The purpose of this Section is to protect the public health, safety and general welfare; to ensure the orderly development of mineral resources in a manner compatible with all development of the County as set out in the Hardee County Comprehensive Plan to ensure that mined or excavated areas can be put to some worthwhile use after the mining or earth moving operation is completed and to establish procedures: (a) for monitoring the effects on the environment caused by mining activities, (b) to ensure the timely reporting of the results of monitoring of mining, (c) for making any revisions to existing plans relating to mining necessary to ensure the use of best management practices and developing technology for the control of pollution and other adverse impacts of such activities, (d) to ensure reclamation of the affected areas, (e) to ensure that it is in the public interest of the citizens of Hardee County to allow specific mining activity. The provisions set forth herein shall apply to any mining activity proposed in Hardee County, whether phosphate, limerock, shell, sand, or other mineral/material. In the event the provisions of these mining regulations are inconsistent with other provisions of the County Unified Land Development Code, the mining regulations shall control.

(A)

It is specifically recognized that methods and procedures for mineral extraction and land reclamation must be adaptable to changing markets, developing technologies and public interest considerations because of the significant impact on the environment, the length of time necessary to complete such activities and the impossibility of predicting technology available and conditions existing in the future.

(B)

The intent of this Section is to provide a flexible frame of regulations within which the County may consider each application for a Master Mining and Reclamation Plan for mineral extraction in the context of the technology and conditions existing at the time of application, but preserving the ability of the Applicant/Operator to submit, and the County to require detailed design plans and specifications prior to each stage of development of a mining unit, which detailed plans shall utilize the best management practices and technology then available, and shall conform to all applicable Hardee County, state and federal laws then in force.

(C)

Except as may contradict or be less stringent than the terms of this Section all applicable Hardee County, state, or federal laws now or at any time in the future in force relating to mining, including but not limited to dam construction, waste disposal or reclamation are made a part of this Section. A violation of any such laws which does occur in Hardee County shall be deemed to be a violation of this Section. The County expressly reserves the right to amend or revise any permits granted hereunder pursuant to the procedures set out herein to conform to all adopted Hardee County, state or federal laws as may be now or in the future in force.

(D)

This Section shall apply to all applications for Master Mining and Reclamation Plan and Annual Review approval for mining activities conducted within the boundaries of Hardee County, Florida filed on or after its effective date. No mining activities may be conducted within Hardee County except those for which appropriate zoning, Master Mining and Reclamation Plan, and development approvals (if applicable) have been obtained. All requirements of this Section shall apply to applications for amendments or transfers of a Master Mining and Reclamation Plan issued before the effective date hereof to the extent that the subject of such amendment or transfer constitutes a change to the Master Mining and Reclamation Plan and shall be reviewed for new or different effects of the mining activity in the context of the requirements of this Section. Revised application fees, financial responsibility requirements, and other administrative provisions shall apply to approved mining operations beginning with the first Annual Review for that operation after the effective date hereof. Reclamation schedules as specified in Section 13.03.05(C)(1)(c), must also be included, but mining and reclamation plans and schedules previously approved by Hardee County will remain in effect unless the operator is unable to comply therewith or otherwise requests significant modification thereof, in which case the requirements of this Section shall comply to the extent of the modification. The Annual Review Fees and Annual Monitoring Fees established by Subsection 13.03.09 shall be effective on the effective date of this Code. Operators shall remit within 60 days of the effective date of this Code the pro-rated increase in the Annual Review Fees and Annual Monitoring Fees. For the purpose of this Section the "pro-rated increase" in fees shall mean that amount equal to the difference between the fees owed under the fee schedule set forth in Section 13.03.09, less the fees paid by the operator at its last Annual Review, times the ratio of the number of days until the next Annual Review over 365.

(E)

All applications for rezoning, DRI (Development of Regional Impact) approvals, Mining Major Special Exception Use Permit (MMSE), Master Mining and Reclamation Plan approval and Annual Unit Review shall be referred to and reviewed by the Hardee County Planning and Zoning Board for consistency with the Hardee County Comprehensive Plan and compliance with all applicable Hardee County Ordinances. Such reviews shall be conducted at a regularly scheduled meeting of the Planning and Zoning Board, which shall make a written report of its findings and recommendations to the Hardee County Board of County Commissioners. Joint meetings of the two Boards for the purpose of the Annual Unit Review required by this Section may be held at the request of either Board.

Except as otherwise provided herein, no mining activities shall be conducted on any land in Hardee County except when such land has been properly zoned, and a Master Mining and Reclamation Plan for mineral extraction has been granted by the Board of County Commissioners to conduct such activities. Copies of the applications for or approvals of any necessary rezoning, special exceptions, or variances shall accompany the application for Master Mining and Reclamation Plan approval and may be processed by the County simultaneously.

In addition to the definitions enumerated in Article 14 of this Code, the following terms as used in this Section have the meanings set forth below, unless the context clearly indicates otherwise.

Active Dewatering Activities: Those activities conducted for the purpose of accelerating the dewatering of clay settling ponds and sand clay mix areas to achieve adequate crustal development to support reclamation. Such activities may include but are not necessarily limited to construction and use of perimeter and internal drainage ditches.

Air Quality: The applicable concentration levels for those pollutants for which the Florida Department of Environmental Protection has promulgated ambient air quality standards under Chapter 403, Florida Statutes.

Anniversary Date: The annual recurrence of the date of execution of the Development Order by the Chairman of the Board of County Commissioners.

Annual Operating Report: The yearly progress report submitted by the Applicant/Operator to the Board of County Commissioners describing the past year's operations and the progress of ongoing reclamation so that the Board of County Commissioners may review the activities for continuing compliance with the Master Mining and Reclamation Plan, the Development Order, and all applicable Hardee County, state, and federal laws.

Annual Unit Review: The procedure whereby each mining and reclamation unit, covering at least one year's operation, is submitted to the Board of County Commissioners for detailed examination for compliance with the Master Mining and Reclamation Plan, the Development Order, and for compliance with all applicable Hardee County, state, and federal laws. The term Annual Review shall include both the Annual Unit Review and the Annual Operating Report as the text requires.

Applicable Hardee County, State, and Federal Laws: When used in this Section, unless otherwise specifically provided, this phrase shall mean those laws, standards, regulations, rules, orders, or other official act of a governmental authority with jurisdiction over a project for mineral extraction or mining activity as defined herein. This phrase shall not include matters relating exclusively to the internal management of such authority, the procedures for processing applications, rulemaking, the administration or conduct of any type, of hearing, appeals or other procedural matters. Where there is a conflict, the more stringent or stricter standard shall apply, except as may otherwise be provided by law.

Applicant/Operator: The person, firm or corporation named on the Application for Master Mining and Reclamation Plan approval as the intended Operator of the project.

Approved Reclaimed Land: Land upon which reclamation activities have been completed and all reclamation criteria in this code have been satisfied including BOCC approval.

Beneficiation: The process whereby the matrix is washed to separate the mineral from the earthen materials with which it is naturally combined. Specifically for purposes of this Section, beneficiation shall mean the processing of the matrix to separate phosphate rock from the sand and clay soils in which it exists in a natural state.

Board: The Board of County Commissioners of Hardee County, Florida; designee and/or authorized representative.

Dam or Dike: A barrier erected to impound or restrain the flow of water or liquid materials.

Development of Regional Impact (DRI): As defined by the Florida Statutes.

Development Order: As defined by the Florida Statutes, but excluding zoning approvals, except as otherwise provided by law.

Disturbed Lands: All lands disturbed by mining activity, including mineral extraction, beneficiation, use for settling ponds, and/any other lands which are an integral part of the mining operation.

Flood Elevations: The surface water elevation which has an average recurrence interval in which a flood equal to or greater than that magnitude specified as an annual maximum as determined by the methodology approved by the Mining Coordinator.

Future Land Use Map: The Future Land Use Map, contained in the Hardee County Comprehensive Plan as currently adopted by Hardee County.

Ground Water: That water occurring beneath the surface of the ground whether or not flowing through known or definite channels.

Initial Revegetation: Process in which reclamation unit has been recontoured and vegetation has been established in accordance with the approved Master Mining and Reclamation Plan (MMRP).

Legal Description: A property description as recorded in the office of the Clerk of the Circuit Court for Hardee County.

Master Mining and Reclamation Plan (MMRP): The general plan describing the overall scope of the mining activities for the life of the mine, and describing the general nature of the operations, geographic characteristics, impacts, monitoring, reclamation, and other features relevant to the plan of the mine.

Matrix: The ore body consisting of the phosphate rock and other earthen materials naturally occurring with it.

Mineral Extraction: The extraction of ore from the earth by whatever method including the removal of overburden for the purpose of reaching underlying ore. Such term shall also include the treating, crushing, cleaning, beneficiation, or other processing of rocks sand, clays, gravel, or other materials extracted from the earth for the purpose of further extracting the ore from the matrix. This term shall not include chemical processing, refining, manufacturing of materials from the ore nor shall it include earth moving or dolomite mining.

Mineral or Ore: Any material extracted from the land for commercial purposes, other than limestone.

Mining Activity: The extraction and transportation of ore, storing of wastes, ore or material, reclamation of disturbed land and other operations necessary for ore extraction in a manner consistent with the public health, safety, and welfare.

Mining Coordinator: The person so designated and appointed by the Board of County Commissioners or its designated representative.

Mining Operations: Those physical activities other than prospecting and site preparation, which are necessary for extraction, waste disposal, storage, or dam maintenance prior to abandonment.

Mining Unit: An area of land as specified in the Master Mining and Reclamation Plan from which minerals will be extracted within a period of at least one year and not exceeding four years. Such period of time shall be referred to as the unit year.

MMSE: Mining Major Special Exception.

Monitoring Station: A device or procedure for monitoring any aspect of air, water, radiation or other medium of the environment. Each device or sampling point shall be a station.

Natural Ground: The surface of the earth as it exists prior to the beginning of pre-mining activities and mining and includes the surface of any land previously mined or excavated by earlier operators whether reclaimed or not.

Operator: The person, firm or corporation engaged in the extraction of phosphate rock.

Overburden: The collective term for all earthen material overlying mineral ore deposit.

Owner: A person, firm, or corporation who has the primary possessors' legal interest in the tract of land under consideration.

Permit: A written approval, permit or license granted by the Board of County Commissioners in accordance with this Section authorizing the commencement and conduct of mining activity.

Phosphatic Clays: A waste product from phosphate beneficiation operations that consists of a mixture of water and suspended fine solid particles less than 105 microns (150 Tyler Screen) in size, usually containing a high percentage of clays.

Pre-mining Activity: Those activities as specified in an approved Master Mining and Reclamation Plan which are necessary to prepare for commencement of mining activity and may include excavation for construction of water recirculation systems, perimeter ditch and berm systems, settling areas, construction of the dragline, and construction of beneficiation facilities, as specified in the Development Order and Master Mining and Reclamation Plan.

Production Use of Water: All surface, stream and subsurface waters diverted for use in Applicant's operations but not including waters impounded and entirely isolated on private property owned and used by Applicant/Operator as part of a water recirculation system.

Professional Engineer: An engineer registered in the State of Florida.

Project: The total area and scope of operations to be conducted on a given tract and for which a permit is sought under this Article.

Reclaimed Land: Land upon which reclamation activities have been completed through initial revegetation by the Operator.

Reclamation: The restructuring, reshaping, and restoration or revegetation of disturbed lands to a form in which the lands may be of beneficial use and as required by this Article and all applicable Hardee County, state, and federal laws.

Reclamation Unit: A specified area of land upon which reclamation activities will be accomplished within a period of time as specified in the Master Mining and Reclamation Plan.

Resource: Soil, clay, peat, stone, gravel, sand, metallic ore, or any other solid substance, except phosphate, limestone, heavy minerals, and fuller's earth, of commercial value found in natural deposits on or in the earth.

Resource Recovery: The process of recovering materials or energy from solid waste, excluding those materials or solid waste under control of the Nuclear Regulatory Commission.

Sand Tailings: A product of phosphate beneficiation operations that consists of solid particles generally larger than 105 microns (150 Tyler Screen) in size and usually consisting of a water/sand mix.

Settling Ponds: Areas surrounded by dams into which fluids are placed for the purpose of separating suspended solid matter from water, but not including mined out areas in which sand/clay reclamation is being conducted.

Spoil: Displaced overburden.

Thickener: A mechanism constructed for the purpose of reducing the water content of the waste product from phosphate beneficiation operations.

Toe (of a dam): The junction between the exterior face of the dam and the adjacent terrain.

Tract: The area of land under consideration.

Uplands: Those areas which are landward of waters of the state and the landward extent of waters of the state as defined in Chapter 62-340, Florida Administrative Code, or other Hardee County, state, and federal laws.

Water Recirculation Systems: Those structures used primarily for mine and process water clarification, including reservoirs, dams, dikes, canals, and other impoundment structures.

Wetlands: Those lands submerged under waters of the state, and the landward extent of waters of the state as defined by Chapter 62-340, Florida Administrative Code or other Hardee County, state, and federal laws.

The following activities shall not be subject to the procedures set out in this Section: Normal site preparation and grading necessary for the commencement of construction or other activities permitted by the Hardee County Unified Land Development Code, but not including pre-mining activities.

(A)

Administration. The requirements of this Section shall be administered by the Board of County Commissioners through the Mining Coordinator acting as the coordinating department head for review by other concerned County departments.

(B)

Procedures for Master Mining and Reclamation Plan Review. In addition to any submittals or procedures required by this Section or any other applicable Hardee County, state or federal law including those relating to developments of regional impact (if applicable), applications for mining activities shall comply with the following:

(1)

Master Mining and Reclamation Plan. The Applicant/Operator shall submit 25 copies of a proposed Master Mining and Reclamation Plan which outlines the proposed mining or earth moving activity, waste disposal, water use, land reclamation and monitoring for the project and shall include at a minimum:

(a)

Owner. The names, addresses and telephone numbers of the owner(s) of the project and its agents located in Hardee County upon which service of any papers under this Section may be made.

(b)

Applicant/Operator. The names, addresses, and telephone numbers of the Applicant if other than the owner, and its agent residing in Hardee County upon which service of any papers under this Section may be made.

(c)

Engineer(s). The name(s), address(es), and telephone number(s) of the Florida registered professional engineer(s) of record for the project, who shall prepare and sign all engineering documents submitted to the County.

(d)

Legal Description. The legal description of the project tract and the acreage included in said description and the nature of the Applicant/Operator's legal interest in the lands comprising the project tract.

(e)

Material. Type and volume of material to be extracted.

(f)

Topographic Maps. A topographic map or maps of the entire tract covered in the application shall be provided. Said map shall show contour lines at two-foot intervals accurate within approximately one foot, which depict the actual ground contours prior to the commencement of mining operations. The contour map or maps shall be indexed using a grid system of one sheet per section on a 1" = 400' scale with the section corners located.

(g)

Mining Plan. Maps and other appropriate documents depicting the project tract and including:

1.

Owners and locations of all tracts of land contiguous to the tracts of land under consideration, for the project.

2.

Locations of each mining unit.

3.

Mining sequence of the units for the life of the mine shown on a year-by-year basis.

4.

The schedule of operation and completion of each mining unit for the life of the mine shown on a year-by-year basis.

5.

Locations and sizes of proposed settling ponds together with a breach analysis depicting an estimate of the maximum area which would be affected by a dam breakage; the breach analysis shall include the estimated depth of water/material at all areas affected by the breach.

6.

Locations and sizes of proposed thickeners and appurtenant devices together with an estimate of the maximum area which would be affected by a dam breakage.

7.

Location and general description of all physical plant facilities or other structures, including permanent pipelines and pipelines at road crossings to be constructed on the project tract.

8.

Location and general description of all flood control features including approximate dimensions of each.

9.

Location and general description of all points of discharge for air pollutants, wastewater, and stormwater runoff.

10.

Location and general description of all existing natural and man-made streams and lakes, and definition of the 100-year and 25-year flood plains pursuant to methodology approved by the Mining Coordinator.

11.

Location and description of all points of withdrawal of water for production use, whether surface or subsurface.

12.

Location and description of all existing and proposed monitoring stations.

13.

Location and description of all existing wells.

14.

Type and classification of the soil overburden.

15.

Water table elevations both existing and the historical high.

16.

Results of the exploratory drilling showing the elevation of the base of the ore zone.

17.

A detailed transportation analysis if deemed necessary by the Mining Coordinator under MMSE or DRI requirements as applicable.

18.

The results of a detailed survey of the entire tract by a qualified archeologist in order to make a full assessment of its archeological and historical resources.

19.

The location of any archeological sites, historical sites cemeteries or burial grounds contained on the tract and what, if any, measures the Applicant/Operator proposes to preserve or dispose of such findings.

20.

Location of all existing utility lines, easements, and existing roads, public or private.

21.

If sand/clay mix disposal is to be used as a reclamation technique, the details of the nature and placement of such materials, including the specifications of retaining dams, estimated settling and dewatering period and the physical characteristics of the sand/clay mix including the types of reagents used in the sand/clay mix and expected residual levels.

(h)

Monitoring Plan. A composite map or maps, or other appropriate document shall be provided depicting as to the project showing:

1.

Locations and description of each monitoring station or group of stations.

2.

The type of device or monitoring procedure for each station.

3.

Parameters that will be monitored for each station and the standards used for each parameter.

4.

Monitoring schedules for each station.

5.

A detailed plan for compiling and submitting reports of the results from each monitoring station.

6.

The allowable limits for each parameter being monitored as applicable.

(i)

Inspection Plan. The Applicant/Operator shall provide a plan for regular inspection of all dams, settling ponds, thickeners, and any other operational features of the mining activities.

(j)

Production Water Use Plan. The Applicant/Operator shall provide a plan for the production use of water and data verifying the availability of the quantity required, including any water use permits, water balance report and water recirculation plan.

(k)

Reclamation Plan. A composite and other map(s) shall be provided depicting as to the project tract.

1.

Contours to which the tract will be graded or restored.

2.

Location of each reclamation unit.

3.

Sequence of reclamation of the units for the life of the mine shown on a year-by-year basis.

4.

Schedule of reclamation and completion of each unit for the life of the mine shown on a year-by-year basis.

5.

Detailed description and density of plantings for each land use/cover type.

6.

Post reclamation land use and cover (based on the descriptions in the most recent edition of the Florida Land Cover Classification System and Cooperative Land Cover Map).

(2)

Pre-Mining Activities. A detailed schedule and plans outlining all pre-operating construction and other activities necessary to prepare the tract for start-up of mining activity including the process of conducting pre-clearing vegetation/wildlife surveys and identification of potential listed species.

(3)

Financial Responsibility.

(a)

Every Applicant/Operator shall furnish to the Board of County Commissioners evidence of financial responsibility in an amount based upon the total number of acres to be mined or excavated or utilized as settling pond areas during the first year of actual mining operations under the proposed mining and reclamation plan according to the following schedules:

1.

For each acre of land to be mined or excavated, $15,000.00.

2.

For each acre-foot of the maximum above grade of the largest settling pond, sand/clay mix settling area or thickening pond proposed during the first year of actual mining, $1,000.00.

(b)

Such evidence of financial responsibility shall be by:

1.

Evidence of insurance, surety bonds, letters of credit, or other financial instruments acceptable to Hardee County, where a payee is required it shall be payable to Hardee County to cover all costs and expenses of completion of reclamation of any areas which are not reclaimed as required by the approved Master Mining and Reclamation Plan and the costs of cleanups of any pollutants released by failure of any settling or thickening pond, dam, spillway or other outlet structure and damages to public lands and waters caused thereby; or

2.

A financial statement which has been audited and certified without qualification by a certified public accountant giving, indication of ability to respond to liability in the amounts determined according to the above schedule. If the statement reflects the financial position of the Applicant/Operator as of a date more than 60 days prior to the date of filing of the application it shall be accompanied by copies of all interim balance sheets if any, of the Applicant/Operator certified by the chief financial officer to be true and correct; and if the latest interim balance sheet reflects the Applicant/Operator's financial position as of a date more than 60 days prior to filing of the application, by a certification of the chief financial officer of the Applicant/Operator dated no earlier than 60 days prior to filing that no material adverse changes have occurred to the Applicant/Operator's financial condition in the interim. Applicant/Operator shall be responsible for payment of all reasonable costs incurred by the County, including but not limited to the fees of any accountant or financial consultant, in the review of such financial statement. The above notwithstanding, if at any time the Board of County Commissioners should determine that the Applicant/Operator is of doubtful ability to respond to liability in the amount determined according to schedule in subsection a above, the Board of County Commissioners may require the Applicant/Operator to provide evidence of financial responsibility in the manner provided in subsection b.

(c)

Subsequent Proofs. At the time of submission of the Annual Report, the Applicant/Operator shall provide updated financial information and proof of financial responsibility applicable to each prospective unit.

(4)

Operating Plans. In order for the Board of County Commissioners to adequately review the operations to be conducted pursuant to the Master Mining and Reclamation Plan, the Applicant/Operator shall also submit the following:

(a)

Copies of all local, state, and federal permits issued for the project or any applications for any such permits pending but not yet issued. The Applicant/Operator shall also file a summary listing of all project permits by agency, identification number and date of issuance and expiration.

(b)

An updated proof of financial responsibility, if necessary.

(c)

Detailed engineering specifications and drawings of any plants, structures dams or dikes constructed or to be constructed preparatory to initial mining activities.

(d)

Current high resolution aerial photographs taken along flight lines out to a distance of one mile on adjacent properties. These aerial photographs shall be provided at a scale of 1" = 400'. Additional enlargements shall be furnished by the Applicant/Operator at the request of the Mining Coordinator.

(e)

The detailed unit design and plan information for the initial mining unit.

(5)

Procedures for Review. Within 60 days from the date of submittal the Applicant/Operator shall be notified in writing by the Mining Coordinator as to the completeness of the applications, if additional information is required, the Applicant/Operator shall provide it within 30 days or such other reasonable time as may be approved by the Mining Coordinator. Upon receipt of all required information the application shall be deemed complete, and the Mining Coordinator shall prepare a staff report and recommendation and proposed MMRP Approval, which shall be forwarded to the Planning and Zoning Board for review. The Planning and Zoning Board shall review the application as required by this Section, and shall recommend approval with conditions or disapproval of the Master Mining and Reclamation Plan, MMSE, and shall provide its recommendation to the Board of County Commissioners with a request to set a public hearing date.

(6)

Public Hearing. The Board of County Commissioners upon receipt of notification from the Mining Coordinator shall set a public hearing date on each application within 30 days after receipt of notice to be no later than 90 days after the issuance of notice by the Mining Coordinator that a public hearing may be set, unless extended by mutual agreement of the Board of County Commissioners and the Applicant/Operator. Notice of the time and place of the hearing shall be given in the same manner as for a rezoning. Within 30 days of the close of the public hearing, the Board of County Commissioners shall approve, approve with conditions, or disapprove the Master Mining and Reclamation Plan in writing and giving the reasons for any conditions or disapproval.

(7)

Effect of Master Mining and Reclamation Plan Approval. Approval of the Master Mining and Reclamation Plan shall be deemed to be permission to operate the project and approval of all necessary pre-operating construction activities, but shall not relieve the Applicant/Operator of compliance with any other applicable Hardee County, state, or federal laws nor with the requirements of this ordinance for annual review of the operations.

(8)

Term of Master Mining and Reclamation Plan Approval. Once Master Mining and Reclamation Plan, approval is granted the Applicant/Operator shall have three years within which to commence approved operations unless some other time is specified by the Board of County Commissioners in the Master Mining and Reclamation Plan approval.

(9)

Scope. The scope of or limitations on operations permitted under any Master Mining and Reclamation Plan shall be specified in the order of approval, which may reference the whole or any part of the Development Order, the Master Mining and Reclamation Plan or any other recommendation submitted to the Board of County Commissioners by a County department, public or private agency, or individual. A copy of any so incorporated documents, recommendations or pertinent part thereof shall be attached and made a part of the Plan.

(10)

Effect of Unit Review. At the time of Annual Unit Review as provided for in this Section, each mining unit then under consideration shall be reviewed in detail and the Board of County Commissioners expressly reserves the right to alter, amend or modify the Master Mining and Reclamation Plan to incorporate any reasonable additional conditions to the permit relating to a particular unit, if such changes are found to be in the public interest or necessary to ensure compliance with the then applicable Hardee County, state or federal laws.

(11)

Inspection. A condition of the approval of each Master Mining and Reclamation Plan under this Section shall be the agreement of the Applicant/Operator to allow designated representatives of the Board of County Commissioners upon appropriate notice to enter upon the premises of any operations conducted thereunder for the purpose of inspection to ensure compliance with the terms and conditions of the plan approval, this Section, and applicable Hardee County, state, or federal laws.

(12)

Absolute Liability.

(a)

As a further condition of the issuance of any Master Mining and Reclamation Plan approval under this Section the Applicant/Operator shall be subject to absolute liability, without, the necessity of proof of negligence in any form or manner, to any injured party for damages resulting from failure of any dam, impoundment, spillway, or other outlet structure, settling pond or thickening pond, sand/clay mix area, or from failure of the Permittee to complete any reclamation of lands as required.

(b)

The liability of this Section shall be in addition to those imposed as civil or criminal penalties by any other section of this Article or any other applicable Hardee County, state, or federal law.

(C)

Annual Unit Review.

(1)

Submittal of Unit Plan. Twenty-five copies of a detailed mining and reclamation plan for each unit as identified in the MMSE or DRI (if applicable) and Master Mining and Reclamation Plan for at least one year's operation shall be submitted yearly by the Applicant/Operator 60 days prior to the anniversary date of approval of the Master Mining and Reclamation Plan. An alternative anniversary date for the purposes of setting the annual recurrence date for the Annual Unit Review and submittal of the Unit Plan may be established by the Board of County Commissioners. The Unit Plan shall conform to the approved Master Mining and Reclamation Plan, and DRI if applicable. No mining operations within a unit shall commence prior to receiving written approval from the Mining Coordinator or by annual unit review approval from the Board of County Commissioners.

(a)

Unit Mining Plan. A map of the mining unit shall be provided in an appropriate scale depicting as to that unit:

1.

The existing ground contours with contour lines at least two-foot intervals accurate within approximately one foot.

2.

Location of the unit with respect to the tract.

3.

The schedule of operation and completion of the unit.

4.

Location and construction plans of all settling ponds and sand clay mix areas.

5.

Location and construction plans of all thickeners and appurtenant devices.

6.

Location and construction plans of all physical plant facilities.

7.

Location and construction plans of all major pipelines, roadway, and related items.

8.

Location and construction plans of all storm drainage and flood control structures and their relationships with the approved Master Mining and Reclamation Plan.

9.

Location of all points of discharge for air pollutants, waste water and storm water runoff, together with an estimate of the quantities, chemical and physical characteristics of each. Only those pollutants regulated under any federal, state, or local standards shall be required to be identified and quantified individually.

10.

Location of all natural and manmade streams.

11.

Sources of and data pertinent to production water to be used for the unit.

12.

Location of all existing utility lines and existing roads public and private.

13.

An aerial photo of appropriate scale to show the unit and surrounding areas of comparable size.

14.

If sand/clay mix, disposal is to be used as a reclamation technique, the details of the nature and placement of such materials including the specifications of retaining dams, estimated settling and dewatering period and the estimated settling and dewatering period and the physical characteristics of the sand/clay mix including the types of reagents used in the sand/clay mix and expected residual levels.

(b)

Monitoring and Inspection Plan. A composite map, maps, or other documents shall be provided depicting:

1.

Location and description of all monitoring stations within the unit.

2.

Types of devices, including manufacturer and model numbers and procedure of each station.

3.

Monitoring schedule at each station.

4.

A detailed plan for compiling and submitting reports of the results from each monitoring station.

5.

A proposal detailing the Operator's course of action if monitoring indicates that the allowable levels have been exceeded.

6.

A proposal detailing the Operator's inspection plans for the unit, including items to be inspected and the frequency of inspection for each item.

(c)

Reclamation Plan. A composite map or, maps, and other documents shall be provided depicting:

1.

Location of the reclamation unit with respect to the tract;

2.

Proposed final ground contours using contour lines at least two-foot intervals;

3.

Schedule of reclamation operations and completion of each reclamation unit;

4.

Detailed description and location of vegetation to be planted;

5.

After the completion of the initial units a detailed description, including maps, and aerial photographs of the reclamation progress of prior units.

(d)

Emergency Response Plans. The Operator shall discuss emergency response plans to be followed in the event of a dam failure for each settling pond, sand clay mix area or thickening pond currently active or to become active in the following operational year. Each plan shall include mapping showing areas subject to downstream flooding and a notification of local and state officials. All appropriate Operator employees shall be trained in the implementation of the emergency response plans. The Operator shall maintain records documenting such training.

(2)

Annual Operating Report. Each year at the same time as the submission of the Mining Unit design for annual review or, if no mining unit is submitted for review that year, within 60 days prior to the anniversary date of the issuance of the Master Mining and Reclamation Plan the Applicant/Operator shall file 25 copies of an Annual Operating Report with the Board of County Commissioners. An alternative anniversary date for the purposes of setting the annual recurrence date for the submittal of the Annual Operating Report may be established if approved by the Board of County Commissioners. The report shall:

(a)

Review mining operations that have occurred during the reporting period and include in tabular form acreages mined, disturbed, areas utilized for mining operations, reclamation in progress, reclamation complete and reclamation approved.

(b)

Reclamation progress of all areas that have been mined and or disturbed that are not in active mine use.

(c)

Summarize all monitoring and inspection results including graphical and tabular representation of environmental monitoring data during the preceding operational year.

(d)

Identify all lands upon which operations will be performed during the upcoming reporting period.

(3)

Financial Responsibility. Each year at the time of Annual Review the Applicant/Operator shall furnish to the Board of County Commissioners evidence of financial responsibility updated to the anniversary date. The amount shall be based upon the following schedule:

(a)

For each acre of land to be mined in the year following the anniversary date, $15,000.00.

(b)

For each acre of land mined or previously covered by a settling pond, sand clay mix area, or thickening pond but not reclaimed in compliance with this Section and the permit as of the anniversary date $15,000.00.

(c)

For each acre-foot of the maximum above grade storage of the largest settling pond, sand/clay mix settling area or thickening pond in the year following the anniversary date, $1,000.00.

(d)

At the Annual Review when the last mining unit of the Master Mining and Reclamation Plan is presented, the Operator shall demonstrate to the Board of County Commissioners adequate financial ability to ensure the completion of all land reclamation in adherence to the Master Mining and Reclamation Plan. Such evidence shall be by:

1.

Evidence of insurance, surety bonds, letters of credit, or other financial instruments acceptable by Hardee County, where a payee is required it shall be payable to Hardee County, to cover all costs and expenses of completion of reclamation of any areas which are not reclaimed as required by the approved Master Mining and Reclamation Plan and the costs of cleanups of any pollutants released by failure of any settling or thickening pond, dam, spillway or other outlet structure and damages to public lands and waters caused thereby; or

2.

A financial statement which has been audited and certified without qualification by a certified public accountant giving, indication of ability to respond to liability in the amounts determined according to the above schedule. If the statement reflects the financial position of the Applicant/Operator as of a date more than 60 days prior to the date of submission of the Annual Unit Review and the Annual Operating Report it shall be accompanied by copies of all interim balance sheets if any, of the Applicant/Operator certified by the chief financial officer to be true and correct; and if the latest interim balance sheet reflects the Applicant/Operator's financial position as of a date more than 60 days prior to the submission of the Annual Unit Review and Annual Operating Report, by a certification of the chief financial officer of the Applicant/Operator dated no earlier than 60 days prior to filing that no material adverse changes have occurred to the Applicant/Operator's financial condition in the interim. The Applicant/Operator shall be responsible for payment of all reasonable costs incurred by the County, including but not limited to the fees of any accountant or financial consultant, in the review of such financial statement. The above notwithstanding, if at any time the Board of County Commissioners should determine that the Applicant/Operator is of doubtful ability to respond to liability in the amount determined according to schedule in subsection a above, the Board of County Commissioners may require the Applicant/Operator to provide evidence of financial responsibility in the manner provided in Subsection 13.03.05(B)(3).

(4)

Procedures for Annual Review. The procedures for the Annual Review shall be the same as for issuance of the Master Mining and Reclamation Plan.

(5)

Standard of Review. At the public hearings all persons shall be heard. The Board of County Commissioners shall review the Annual Operating Report and Unit Plan for compliance with the Development Order, Master Mining and Reclamation Plan and supporting documents and all applicable Hardee County, state, or federal laws then and any time before in effect and applicable to the project, and shall render its findings in writing, approving, or disapproving, or approving with conditions, the unit plan for the next unit and the Annual Operating Reports.

(D)

Dam Construction Plans Review. At the time the Operator submits dam construction plans to the State, they shall be concurrently submitted to Hardee County for review. At that time contingency plans for containment and cleanup of any spill from a dam breakage shall also be submitted for review and approval.

All mining and reclamation activities within Hardee County shall at a minimum conform to these standards.

(A)

Mining Standards.

(1)

No mining operations, except temporary storage of excavated materials, shall be performed within:

(a)

One-quarter mile from the following future land use classifications specified and shown on the Future Land Use Map: incorporated towns and cities; Town Center; Highway Mixed Use; Residential Mixed Use; and Rural Center. The Board of County Commissioners may allow mining operations within 1/4 mile upon demonstration by the Applicant/Operator/Owner that such mining operations will not significantly interfere with current or planned uses within or adjacent to such land use classification.

(b)

Five hundred feet from a public park boundary, cemetery, historical site, or permanent buildings (including Mobile Homes or Manufactured Housing) used for residential, commercial, places of worship, or public purposes, on site at time of application for a mining unit approval, in areas not controlled by Paragraph (A)(1)(a) above.

(c)

One hundred feet from an existing public right-of-way, or public easement for drainage, utility, or road purposes, in areas not controlled by Paragraphs (A)(1)(a) and (1)(b) above.

(d)

Fifty feet from Permittee's property line, in areas not controlled by paragraphs (A)(1)(a) (A)(1)(b), and (A)(1)(c) above.

(2)

No settling pond, sand clay mix area, or thickening pond shall be constructed within:

(a)

Five hundred feet from a public park boundary, cemetery, historical site, or permanent buildings (including Mobile Homes or Manufactured Housing) used for residential, commercial, places of worship, or public purposes on site at time of application for mining unit approval.

(b)

Five hundred feet from any right-of-way line of any public road.

(c)

Two hundred feet from Permittee's property line in areas not controlled by Paragraphs (A)(2)(a) and (A)(2)(b) above.

(3)

No excavated material or stock pile shall be left longer than 14 days within:

(a)

Five hundred feet of the Applicant/Operator's property line which abuts a public park boundary, cemetery, historical site, or permanent building (including Mobile Homes or Manufactured Housing) used for residential, commercial, places of worship, or public purposes, on site at time of application for mining unit approval.

(b)

One hundred feet from an existing public right-of-way or public easement for drainage, utility, or road purposes, in areas not controlled by Paragraph (A)(3)(a) above.

(c)

Fifty feet from Permittee's property line in areas not controlled by paragraphs (A)(3)(a) and (A)(3)(b) above.

(4)

Effect on Adjoining Owners.

(a)

The above setback requirements are the minimum, and the Board of County Commissioners expressly reserves the right to require whatever setbacks may be necessary, on a case-by-case evaluation, to protect adjoining property uses, including but not limited to citrus operations and improved pasture.

(b)

The setback requirements described in subparagraphs (1) through (3) above shall not apply where owners of the land protected by said setbacks have expressly consented to a reduction thereof by written instrument executed with the formality of a deed and recorded in the public records of Hardee County, Florida. Such consent and recordation must occur prior to any mining activities by the Applicant/Operator in the areas subject to the agreement and certified copies of the recorded instrument shall be furnished to the Mining Coordinator, who shall acknowledge receipt in writing.

(5)

Excavated materials and stock piles shall not be higher than a slope-line of 1 vertical to 5 horizontal projected from the nearest point of Applicant/Operator's property line.

(6)

Increases to ambient noise levels resulting from mining operations shall not result in readings in excess of 75 decibels as measured at the Applicant/Operator's property lines, nor shall mining operations generate noise in excess of that allowed by any applicable Hardee County, state, or federal law.

(7)

Soil vibrations caused by any mining operations shall be below the levels which would be detrimental to the health, welfare and wellbeing of the general public or existing structures.

(8)

No blasting or other use of explosives shall be performed without the written permission of the Board of County Commissioners. Should blasting or other use of explosives be permitted, the transportation, handling, storage, and use of explosives shall be directed and supervised by a person of proven experience and ability in blasting operations, and shall conform to all applicable Hardee County, state, or federal laws.

(9)

Spillways and other outlet structures from settling ponds shall be designed and constructed in accordance with a plan developed and certified by a professional engineer. The minimum design capacity shall be based on a 12-inch, 24-hour rainfall.

(10)

All clay settling ponds and sand clay mix areas shall be contained within fenced areas or shall otherwise be blocked to public access.

(11)

Archeological and historical sites, cemeteries, and burial grounds shall be preserved, or if removal of remains is deemed necessary, it shall be accomplished by process of applicable law.

(12)

No mining, placement of fill, construction of permanent buildings or other facilities inside the 100-year floodplain shall be permitted unless the Applicant/Operator can show that the operations will not increase the flood hazards. Dragline crossings are permitted as approved under the Master Mining and Reclamation Plan.

(B)

Monitoring Standards. Monitoring and reporting in accordance with these regulations shall be performed by the Applicant/Operator for a minimum period of one year prior to beginning mining operations, with continuous monitoring and reporting until all mining operations cease. The Board of County Commissioners may, at any time, order additional monitoring as may be reasonably necessary to protect the public health, safety, and welfare.

(1)

The waters of all natural and man-made streams entering upon the Operator's property shall be monitored once weekly at the point of entry and exit, or at a location and frequency specified by the Mining Coordinator, to determine the quantity and quality.

(2)

The air quality shall be monitored around the Applicant/Operator's property by monitoring devices. The monitoring devices shall be installed at intervals not to exceed 5,280 feet from the areas where mineral is being extracted, or in accordance with a suitable air monitoring plan prepared under the seal of a professional engineer. The monitoring shall be performed according to the approved monitoring plan.

(3)

Observation wells shall be constructed around the boundary of the Applicant/Operator's property for purposes of monitoring the ground water levels potentiometric level of the aquifer(s) from which production water is being withdrawn and the water quality of each. The monitoring for the water levels shall be done on a continuous basis. The monitoring of the water quality shall be performed once monthly or periodically as specified by the Mining Coordinator as necessary to monitor ground water quality.

(4)

Rainfall gauges shall be installed on the Applicant/Operator's property. They shall be placed at random with an average density of one per two square miles or two minimum, whichever is the greater number, or at locations or densities as specified by the Mining Coordinator. The monitoring shall be performed on a continuous basis with recordings tabulated monthly.

(5)

Effluent from all sewage treatment plants shall be monitored for quantity and quality. The water quality and monitoring of the effluent shall meet the standards established by applicable Hardee County, state, and federal laws.

(6)

The effluent from all operations and treatment plants other than sewage shall be monitored for quantity and quality. The water quality and monitoring shall meet the standards established by applicable Hardee County, state, and federal laws.

(7)

Water for production use, as defined herein shall be monitored for quantity and quality. The monitoring for quantity shall be performed on a continuous basis. The monitoring for quality shall be performed once monthly or periodically as specified by the Mining Coordinator as necessary to monitor water quality.

(8)

All dams shall be inspected daily by a representative of the Applicant/Operator and in accordance with all applicable Hardee County, state, and federal laws.

(C)

Reclamation Standards.

(1)

Between 1/4 mile and 1/2 mile from the following future land use classifications specified and shown on the Future Land Use Map: incorporated towns and cities; Town Center; Highway Mixed Use; Residential Mixed Use; and Rural Center, the reclamation by placement of sand tailings, and/or over burden or a combination of both, shall be considered the method of maximizing urban land development potential. The use of land/lakes reclamation is also encouraged. Between 1/2 mile and one mile from the same future land use classifications there shall be a Reclamation Transition Zone, in which reclamation shall maximize the opportunity for urban development of mined land. The Board of County Commissioners may allow alternative methods of reclamation upon demonstration by the Applicant/Owner that such reclamation will not significantly interfere with current or planned uses within or adjacent to such land use classification.

(2)

The restoration of wetlands and construction of lakes are encouraged in Reclamation Transition zone and shall be considered maximization of urban land development potential.

(3)

All reclamation within 300 feet from the right-of-way of arterial and collector roads shall be by sand tailings and/or overburden or a combination of both.

(4)

Except as provided otherwise in this Section, all duly adopted state and federal reclamation criteria and standards shall apply to reclamation or restoration of lands located in Hardee County, Florida.

(5)

All surface areas of the mining site actually mined or disturbed by mining activities and lying within 1/2 mile of incorporated towns and cities, and Future Land Use Classifications of Town Center; Highway Mixed Use; Residential Mixed Use; and Rural Center shall be reclaimed not later than two years after completion of mineral extraction in all areas not containing an active corridor or a Clay Settling Area.

(6)

All surface areas of the mining site actually mined or disturbed by mining activities and lying within 300 feet from the right-of-way of arterial and collector roads shall be reclaimed not later than two years after completion of mineral extraction.

(7)

All other areas shall be reclaimed as follows:

(a)

Areas not including settling ponds, sand clay mix areas, sand tailings piles or recirculating water systems shall be reclaimed within four years from the date mining operations are completed. All backfilling and reshaping must be completed within 18 months. All soil treatment, soil enrichment and grassing (or temporary vegetation) must be completed within two years. All initial permanent vegetation (trees and shrubs) must be completed within three years. The fourth year shall include at least a one-year growing season for the permanent vegetation. Shade adapted or other specifies specific site requirements may be planted at a later date than specified.

(b)

Settling ponds and sand clay mix areas shall be reclaimed within four years after active dewatering activities are complete and the area is sufficiently consolidated to support reclamation activities being taken out of use as settling ponds, using the same requirements as paragraph (a) above.

(c)

Recirculating water systems and sand tailings piles shall be reclaimed within two years after commencement of reclamation. All backfilling, reshaping, enrichment and treatment of the soil, and all revegetation must be completed within one year. The second year shall include the one-year growing season for permanent vegetation.

(d)

The Board of County Commissioners of Hardee County, Florida may require a more expeditious reclamation schedule in order to minimize impacts to neighbors, wetlands, offsite drainage or floodplains. Also, the Board of County Commissioners may grant a more lengthy reclamation schedule, if there are circumstances outside the Applicant's/Operator's control that delays the reclamation process.

(8)

All reclaimed land shall be revegetated in accordance with the approved Development Order, Master Mining and Reclamation Plan, and in accordance with any Conceptual Reclamation Plan submitted and approved in accordance with applicable state and federal laws. In addition to other requirements relating to revegetation, the Operator shall guarantee a plant survival rate of 80%, established ground cover one year after planting, excluding areas such as roads, groves, or row crops. Forested areas will be considered to be reforested if a stand density of 200 trees/acre is achieved at the end of one year after planting and maintained until approval. In the event the survival rate is not maintained, the Operator shall replant as necessary to achieve such rate. Coverage of nuisance exotic plant species shall be 10% or less of the overall reclamation parcel.

(9)

During backfilling, if tailings are used, such tailings shall be placed in the fill area first and overburden shall be used for topsoil. Areas where this process is not applicable must be defined within each annual report required by this code. If sand/clay mix is used to reclaim mined out areas, reclamation shall be completed in the period of time specified for a particular unit in the Development Order and Master Mining and Reclamation Plan.

(10)

After mining operations cease on the entire site, no more than 30% of the land area shown on the Master Mining and Reclamation Plan as settling areas shall be covered by un-reclaimed settling ponds or pits.

(11)

After mining is complete, all phosphatic clay pits and settling ponds shall be restricted from public access until reclamation is complete.

(12)

No permanent body of water with a bottom width of less than 100 feet or an average bottom diameter of less than 100 feet, if circular in shape, shall be permitted.

(13)

Reclamation of Agricultural/Cropland, Pine Flatwoods, Upland Hardwood Forests Forested Wetlands, Herbaceous Wetlands and Lakes shall be reclaimed as follows:

(a)

Agricultural Lands.

1.

Agricultural Lands shall, at a minimum, be compacted sufficiently, to permit the safe operation of conventional farm and agricultural equipment and other ordinary agricultural use of land.

2.

The land shall have a slope that does not exceed 4:1.

3.

Ground cover in pasture shall be perennial vegetation. Ground cover shall be a minimum 80% areal coverage following one full growing season. This coverage shall be maintained until approval.

4.

Planting shall be completed in accordance with the Planting Descriptions/Plans in the approved Master Mining and Reclamation Plan.

5.

The area should be kept free from livestock grazing for one year after initial reclamation is completed.

(b)

Pine Flatwoods.

1.

Flatwoods shall contain native tree, shrub, forbs, and grasses that will be diverse. The areas shall be suitable for livestock grazing with little maintenance while also providing a corridor for wildlife movement.

2.

Sand tailings or overburden shall be graded to gradual slopes with little topographical relief and covered with a layer of topsoil (when available) from an area with similar community structure.

3.

Vegetation shall be diverse with tree species including, but not limited to longleaf pine, slash pine and oak. Ground cover shall include low shrubs, native grasses, legumes, and forbs that will provide soil stability and be beneficial for livestock grazing.

4.

Planting shall be completed in accordance with the Planting Descriptions/Plans in the approved Master Mining and Reclamation Plan.

5.

Livestock grazing shall not occur for a minimum of three years after planting.

(c)

Upland Hardwood Forests.

1.

Upland Hardwood Forests shall contain native tree, shrub, forbs, and grasses that will be diverse. The areas shall be between upland communities and waterways and/or wetlands providing a corridor for wildlife movement.

2.

Sand tailings or overburden shall be graded to gradual slopes with little topographical relief and covered with a layer of topsoil (when available) from an area with similar community structure.

3.

Trees shall include, but not be limited to Oak, Magnolia, Cabbage Palm, and Pines. Ground cover shall be diverse and include, but not be limited to native shrubs, native grasses, and forbs that will provide soil stability.

4.

Planting shall be completed in accordance with the Planting Descriptions/Plans in the approved Master Mining and Reclamation Plan.

5.

Livestock grazing shall not occur for a minimum of three years after planting.

(d)

Forested Wetlands.

1.

Forested Wetlands shall contain native tree, shrub, forbs, and grasses that will be diverse.

2.

Sand tailings or overburden shall be graded covered with a minimum 3-inch layer of topsoil/muck from a wetland (when available) of similar community structure.

3.

Trees shall include at least three different species. Ground cover shall be diverse and include but not be limited to native shrubs, and native herbaceous plant species that will provide soil stability.

4.

Planting shall be completed in accordance with the Planting Descriptions/Plans in the approved Master Mining and Reclamation Plan.

5.

The area shall be protected from livestock grazing until established or approved as reclaimed.

(e)

Herbaceous Wetlands.

1.

Herbaceous Wetlands shall contain native shrub, forbs and grasses that will be diverse.

2.

Sand tailings or overburden shall be graded covered with a minimum three-inch layer of wetland muck or topsoil when available. In the event that insufficient wetland muck or topsoil is available, the Applicant/Operator shall use other appropriate organic materials.

3.

Ground cover shall be diverse and include but not be limited to native shrubs, and native herbaceous plant species that will provide soil stability.

4.

Planting shall be completed in accordance with the Planting Descriptions/Plans in the approved Master Mining and Reclamation Plan.

5.

The area shall be protected from livestock grazing until established or approved as reclaimed.

(f)

Lakes.

1.

In order to encourage a variety of emergent habitats and a balance of deep and shallow water bodies throughout the mined area in Hardee County, the development of deeper lakes or water bodies, with a smaller littoral zone than that set out in Section 62C-16.051, Florida Administrative Code, may be permitted if specifically approved by the Board of County Commissioners.

2.

All such deeper lakes shall be a minimum of eight feet deep as measured from the water surface, with a maximum side slope of one vertical and four horizontal. This depth requirement may be reduced to six feet where bedrock would otherwise have to be pierced.

(14)

Approval of Reclamation.

(a)

After reclamation of an area, the Operator shall make written application to the Mining Coordinator for review. Upon completion of review and the application is considered complete, the Mining Coordinator will present the request to the Board of County Commissioners for approval/denial of the reclamation. The application shall identify the lands and contain certification by the project superintendent or manager that reclamation has been performed according to these regulations. The Board of County Commissioners reserves the right to require a certification from a professional engineer or a professional geologist.

(b)

The application shall include:

1.

Description of all areas in which Reclamation Approval is being requested, including identifying the land use and acreage of each reclamation parcel.

2.

General Location Map that identifies roadways and all reclamation parcels.

3.

Aerial Map with all reclamation parcels and identifying parcels in which Approval is requested.

4.

Land Use and Cover Map (based on the most recent edition of the Florida Land Cover Classification System and Cooperative Land Cover Map).

5.

Copies of all State and Federal (if applicable) letters granting release of reclamation.

(c)

At the time of Annual Unit and Operating Review, the Operator shall also file the status of any reclamation permit or approval as applied for pending or received from any other local, state, or federal governmental authority.

(d)

The Board of County Commissioners shall act upon the application within 30 days of receipt of the complete information. In the event the reclamation is not approved, the Board of County Commissioners shall inform the Operator in writing of the specific areas of non-compliance and shall specify a reasonable period of time for compliance. Failure to comply with such reclamation order within the time specified shall be a violation of this Section subject to the enforcement procedures set out herein.

(D)

Standard for Production Use of Water. The water usage for operations subject to this Section shall not exceed the available water supply as determined by these standards or the standards set by any other applicable regulatory agency, whichever allows the lesser usage rate.

(1)

A proposed rate of withdrawal for production use of any ground water shall be determined after analyzing the results of an onsite test well program performed by the Applicant/Operator. The test program and analysis shall be performed under the control and seal of a professional engineer or certified hydrologist.

(a)

Test wells shall be drilled to determine the depth and characteristics of the subsurface, geologic, and hydrologic units and variations in water quality and potentiometric levels.

(b)

Detailed pumping tests shall be conducted on the aquifer(s) from which production withdrawal is proposed with monitoring of water level and potentiometric levels in the pumped aquifer, and all overlying aquifers by means of observation wells located at various distances from the pumping wells.

(c)

The hydrogeologic characteristics, including transmissivity and storage coefficient of the pumped aquifers, and coefficient of vertical permeability of the confining layers shall be determined.

(d)

The proposed production withdrawal rates shall be that amount which can be shown not to cause any significant lowering of the potentiometric levels of the production aquifer beyond the project boundaries.

(e)

The effects of production withdrawal shall be monitored during mining operations. Withdrawal rates shall be adjusted as required to maintain the permitted potentiometric levels at the project boundaries.

(2)

Unreasonable changes of the natural hydraulic connections between the surficial water bearing material and the Floridan aquifer or the introduction of deleterious chemical or physical constituents into the local ground water or surface water shall not be permitted. The Board of County Commissioners may order the Applicant/Operator to take whatever measures are necessary to alleviate adverse impacts due to lowering of the water level, or if water quality deterioration is occurring beyond the project boundaries. In the event that such measures do not appear to alleviate the water problem the Board of County Commissioners may temporarily direct that all mining activities cease while a thorough investigation is made.

(3)

The Applicant/Operator shall provide a complete inventory of all existing wells on the property under consideration including locations, potentiometric elevations complete chemical analysis, proposed disposition and in so far as possible, depths, diameters, casing schedules, types of pumps and logs. All wells not proposed for use in the mining operations may be plugged in accordance with accepted standard procedures, as specified by the Board of County Commissioners. All free-flowing wells shall be sealed immediately after obtaining the required measurement.

(A)

The Mining Coordinator or delegated mining staff may inspect the Applicant/Operator's property at any reasonable time. Prior to inspection, the Applicant/Operator shall be informed of the presence of county inspection personnel, and during the inspection the Applicant/Operator shall accompany and provide adequate protection for the safety of the inspection personnel.

(B)

The Applicant/Operator shall perform the following:

(1)

Inspection of all dams daily.

(2)

Keep available at all time, any required records of inspection and the results of monitoring.

(3)

Retain a representative of the company on site while operations are in progress.

(4)

Retain on site a copy of the approved Master Mining and Reclamation Plan, and a copy of all approved Unit Plans.

(C)

During the interval between the date of issuance of the Master Mining and Reclamation Plan and the date of commencement of mining operations the Operator shall submit to the County quarterly, one copy of a tabulation of readings, observations and measurements obtained from all monitoring and inspections.

(D)

At quarterly intervals after the date of issuance of the Master Mining and Reclamation Plan until the date mining operations begin, and at quarterly intervals beginning within one week after mining operations begin, the Operator shall submit to the County one copy of the tabulation of readings observation and measurements obtained from all monitoring and inspections, along with a report, interpreting and analyzing the effects of the mining operation under the seal of a professional engineer or other qualified person.

(E)

Dam inspection reports, signed by each inspector making the inspection daily and counter-signed by a competent supervisor shall be submitted to the Mining Coordinator monthly.

(F)

In order to ensure that the County has a complete record relating to the project, the Operator shall immediately provide the County with copies of all permits, applications for permits, orders, reports, studies or other documents at any time submitted to or received from any Hardee County, state or federal agency relating to the projects unless such material duplicates information already submitted to the County in which case the Applicant/Operator shall be required only to notify the County of the submittal or receipt of such material to or from the agency and the purpose for which it is being used.

(A)

Transfer of Permit.

(1)

Prior to the transfer of rights under any existing Development Orders or the Master Mining and Reclamation Plan or other permit, the Permittee and the prospective transferee must apply to the Board of County Commissioners for a transfer permit. Such transfer shall apply to changes in ownership of land or transfer of rights under existing permits but shall not involve or authorize any other changes to or deviation from the Development Order or Master Mining and Reclamation Plan. Any other change to or deviation from the terms of the Development Order or Master Mining and Reclamation Plan may be deemed an amendment, subject to other provisions of this Section.

(2)

At the same time as the application for transfers, the prospective transferee must also furnish proof of financial responsibility as is required herein, covering all lands or rights to be transferred.

(3)

If the Board of County Commissioners finds adequate proof of responsibility by the prospective transferee, the transfer shall be approved by the Board of County Commissioners.

(4)

Upon acceptance of the transfer, the transferee becomes the Applicant/Operator under this Section and assumes the responsibility of compliance with all the terms of this Section and Code, regulations adopted hereunder, and of the Development Order and Master Mining and Reclamation Plan.

(B)

Amendments. Amendment to the Master Mining and Reclamation Plan or provisions thereunder may be sought from time to time by the Applicant/Operator.

(1)

Any application for amendment shall follow the procedures outlined for the original application for Master Mining and Reclamation Plan approval.

(2)

In the case of non-substantive matters, the Board of County Commissioners may elect to act upon any application for amendment without a public hearing.

(C)

Substantial Deviation Determination.

(1)

With any Operator initiated amendment to or change in the Master Mining and Reclamation Plan or the Development Order, the Operator shall also submit a request for determination of substantial deviation from the development order as required by the approved Hardee County MMSE. The Board of County Commissioners shall make such determination prior to review of and decision on the amendment. No amendment which is determined to be a substantial deviation shall become effective until the completion of all procedures relating to substantial deviations as set out in the approved Hardee County MMSE.

(2)

The Board of County Commissioners expressly reserves the right to find that the addition of property to any mining tract, by itself or together with any simultaneous or prior additions, is a substantial deviation, regardless of earlier approvals of additions of property to the tract.

(A)

A schedule of nonrefundable fees is hereby established and may be revised periodically by resolution, by the Board of County Commissioners. It is expressly recognized that these fees are reasonable and necessary to help offset the additional cost to Hardee County incurred in the adequate review of these ongoing projects, to ensure the health, safety, and welfare of the citizens of Hardee County. Such costs are extraordinary and are more justly borne by the Applicant/Operator who will receive great financial benefit from mining and earth moving activities in Hardee County.

(B)

Hardee County Mining Fee Schedule.

(1)

Initial Application Fee. $1.20 per acre of land under consideration in the Master Mining and Reclamation Plan and shall be payable one time upon application.

(2)

Operating-Approval Fee. This fee shall be paid in lieu of any impact review fee required by other ordinance: $8.40 per acre of any land to be disturbed by mining, earth moving, and related activities as set out in the Master Mining and Reclamation Plan. This fee shall be paid within 30 days after the Development Order has been issued by the Board of County Commissioners approving the Master Mining and Reclamation Plan.

(3)

Annual Review Fee. After the initial mining unit, $7.00 per acre disturbed and not reclaimed, and to be disturbed in the coming unit year by mining or related activities, excluding any acreage that has been reclaimed in accordance with the requirements of this Section and payable annually after the first year of operation. This fee shall be paid annually 60 days prior to the anniversary date of approval of the Master Mining and Reclamation Plan or the approved Annual Review date if different from the anniversary date.

(4)

Amendment Fee. $8.40 per acre of land not already being considered for mining activity or under permit for mining activity payable upon application, plus all costs of review payable upon invoice by Hardee County.

(5)

Annual Monitoring Fee. $1.20 per acre of land within the tract subject to the Master Mining and Reclamation Plan, payable annually 60 days prior to the anniversary date of approval of the Master Mining and Reclamation Plan.

(A)

Failure to comply with these regulations or any orders, stipulations, or requirements of the Board of County Commissioners, may constitute grounds for suspension or revocation of the permit by the Board of County Commissioners.

(1)

Notice of Violation. The Operator shall provide the County with copies of any notice of violation, noncompliance order, stop-work order or other written notification by any Hardee County, state, or federal agency of any alleged violation or failure to comply with any law, ordinances, rules, regulations, standards, or orders within 48 hours of receipt by the Operator. Failure to provide such copy shall be considered a violation of this Section, subject to all penalties provided hereunder.

(2)

If at any time during the term of the permit the Operator fails to comply with these rules and regulations, approved development orders, the appropriate rules and regulations of other departments, regulatory agencies of the County, the State of Florida or the federal government, or with the terms of the permit, the Mining Coordinator/designee shall immediately notify the Operator in writing and order that the violative activity cease and appropriate corrective measures be instituted within a specified period of time.

(3)

The Operator may appeal such orders to the Board of County Commissioners no later than 10 days following their receipt. The appeal shall be heard and decided by the Board of County Commissioners at its next regularly scheduled meeting within two weeks from the date of the notice of appeal.

(4)

Compliance with the orders shall be reported to the Board of County Commissioners in writing and confirmed in writing by the Mining Coordinator.

(5)

Should the Operator fail to comply with or appeal the notice of violation and corrective orders within the specified time period the Board of County Commissioners may suspend the Master Mining and Reclamation Plan approval and permission to operate until such time as compliance is proven by the Applicant/Operator.

(6)

A timely filed appeal shall stay the effect of the notice of violation unless the Mining Coordinator certifies to the Board of County Commissioners, and the Board of County Commissioners finds that there is an imminent peril to the public health, safety, and welfare. In any event, once a timely filed appeal has been found in favor of the County, the Board of County Commissioners may suspend the Master Mining and Reclamation Plan approval and permission to operate until such time as compliance is proven by the Applicant/Operator.

(B)

Failure on the part of the Applicant/Operator to begin operations within a period of three years from approval of the Master Mining and Reclamation Plan may be cause for revocation of the Master Mining and Reclamation Plan approval and the permission to operate. Any subsequent application for permission to commence mining will be treated as an initial application.

(A)

Criminal Penalty. Violation of this Article and rules and regulations adopted hereunder, may, at the discretion of the Board of County Commissioners be subject to the penalties and procedures established by F.S. § 125.69, including approved mining operation and completion schedule of each mining unit and/or approved reclamation operation and completion schedule of each reclamation unit. Under Section 125.69, such violations shall be prosecuted in the same manner as misdemeanors in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction and shall be punishable by fines or by imprisonment in the County jail, or both such fine and imprisonment, consistent with Section 125.69. Each day on which a violation of a continuing nature occurs shall be a separate violation. Procedures include notice of an apparent violation by the County to the Owner/Operator and an opportunity to correct such violation.

(B)

Civil and Injunctive Relief. In addition, the County may institute a civil action in the Circuit Court to seek injunctive relief to enforce compliance with this Article, including approved mining operation and completion schedule of each mining unit and/or approved reclamation operation and completion schedule of each reclamation unit, and may also seek the imposition and recovery of damages and a civil penalty for each violation in an amount not less than $2,500.00 nor to exceed $5,000.00 per violation. Each day during any portion of which a continuing violation occurs shall be a separate violation. It shall not be a defense to any judicial remedy for injunction, damages, or civil penalty that the County has failed to serve a notice of violation or to pursue any administrative remedy, or that criminal proceedings or other enforcement proceedings are pending, except those remedies to recover damages are alternative and shall preclude recovery of damages more than once by the County.

(C)

In addition, failure of any dam, spillway, or other outlet structure or settling pond, sand clay settling area, or thickening pond or any other cause attributable to the Operator's mining operation resulting in degradation of the quality of any waters outside the Operator's property, shall subject the Operator to a civil penalty to be paid to the County in an amount equal to the cost of restoration of water quality in the affected area plus all costs of cleanup and administrative costs to the County.

(D)

In addition, failure of an Operator to have completed reclamation of lands as required at the conclusion of any unit year may subject the Operator to a civil penalty to be paid to the County in an amount equal to the evidence of financial responsibility required to be maintained on account of the lands involved.

(E)

In addition, the Board of County Commissioners may require the Operator to provide evidence of financial responsibility in the manner provided in paragraph 13.03.05(C)(3)(a), to ensure that a violation of this Article, the rules and regulations adopted hereunder, including approved mining operations and completion schedule of each mining unit and/or approved reclamation operation and completion schedule of each reclamation unit, is corrected or cured. The Board of County Commissioners may, at any time take such actions as it deems necessary to cure a violation. The Operator shall be liable for all cost of the County in curing a violation or completing reclamation, and the County shall have the right to proceed against any financial responsibility in order to recover such cost. The remedies provided for in this paragraph (E) are cumulative to remedies and penalties set forth in paragraphs (A) through (D).

Upon application by the Operator the Board of County Commissioners may waive any portion of these regulations as to the Operator's project, upon a showing that the Operator shall suffer undue hardship if required to comply or if Applicant/Operator demonstrates good cause, and upon a finding by the Board of County Commissioners that such waiver will not result in increased adverse impacts nor be harmful to the health, safety, and welfare of the citizens of Hardee County.

When any drawing, document or other information are required by the terms of this Article to be certified, signed and/or sealed by a Florida Registered Professional Engineer or other qualified professional person the certification shall state that person executing the document is personally familiar with and has reviewed the document in question and that the information reflected therein meets generally accepted professional practices in the field in which they are an expert.

Whenever any information is required to be submitted by the terms of this Article and such information has previously been submitted or exists within the County's records, in lieu of submitting duplicate or redundant information, the Applicant/Operator may notify the County in writing by letter to the Mining Coordinator specifying the information previously submitted, and stating where such information already exists within the County records.

Whenever an act is required or allowed to be done within a specified time by the terms of Section 13.03.05, such times shall be computed in accordance with the Florida Rules of Procedure. If such time periods conflict with any scheduling mandated by applicable state or federal laws, then the time periods in question shall be adjusted to comply with such state or federal laws but shall be kept as close to the time periods set out herein as possible. All time periods may be extended by the Board of County Commissioners for good cause.