This article contains operating standards for certain uses. These uses must be approved for the site on which they will take place by the appropriate procedures elsewhere in this Code. Once the use is approved for the site, the following procedures and standards must be complied with before commencement of the use.

A.

Short Title

This Part shall be known and may be cited as the "Hillsborough County Land Excavation Regulations."

B.

Purpose

The purpose of this division 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 as materials to meet the demands of construction within Hillsborough County. It is intended that this division be used in conjunction with the provisions of Section 6.11.54 of this Code pertaining to Land Excavation Special Use Permit and Section 6.11.117 pertaining to Agricultural Reservoir Conditional Use Permit. This division shall fairly and equitably allow the operation of land excavation while at the same time protecting the following needs and interests of the 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, and

13.

Compliance with the Future of Hillsborough Comprehensive Plan.

It is further intended that where these regulations make special provisions for land excavations for the purpose of agricultural irrigation that are authorized by the Southwest Florida Water Management District (SWFWMD) or Florida Department of Environmental Protection (FDEP), the provisions shall cease to be in effect in the event that SWFWMD or FDEP no longer issues such authorizations and the excavations shall comply with all standard requirements of this Section.

C.

Administrative Guidelines

The Administrator may adopt Administrative Guidelines in the form of rules of procedure and regulations for the administration and enforcement of this Part.

(Ord. No. 98-43, § 2, 7-17-98; Ord. No. 04-27, § 2, 6-10-04; Ord. No. 11-19, § 2(Item V-B)(11-0604), 11-3-11, eff. 2-1-12)

A.

Permits

Unless specifically exempted by Section 6.11.54 of this Code, 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 Article XII of this Code, including site preparatory activities thereto, within the unincorporated areas of Hillsborough County without having first obtained a Special Use Permit for Land Excavation pursuant to Section 6.11.54 or an Agricultural Reservoir Conditional Use Permit pursuant to Section 6.11.117 and thereafter a Land Excavation Operating Permit from the County pursuant to this Part.

B.

Compliance With Other Regulations

Issuance of a Land Excavation Special Use, Agricultural Reservoir Conditional Use Permit and/or Operating Permit by Hillsborough 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.

(Ord. No. 98-43, § 2, 7-17-98; Ord. No. 04-27, § 2, 6-10-04; Ord. No. 11-19, § 2(Item V-B)(11-0604), 11-3-11, eff. 2-1-12)

A.

Application

An application for a Land Excavation Operating Permit shall be submitted to the Administrator and shall contain the information set forth in the Development Review Manual. The Administrator shall distribute copies of the application for internal review as set forth in the Development Review Procedures Manual Section 4.1.10.

B.

Determination by Administrator

1.

The Administrator shall review the application, recommendations, comments from the reviewing entities, and results of field review, and make a determination as to compliance with the provisions of this Part.

C.

Issuance of Land Excavation Operating Permit

1.

A land excavation operating permit shall be obtained from the Administrator 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 issued for an operating period as approved in the Special Use Permit. The operating period for agricultural reservoirs permitted in accordance with Section 6.11.117 of this Code shall not exceed five years.

3.

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

4.

Within three calendar days following a decision of the Administrator to issue or deny a land excavation operating permit, the applicant shall post notice in a conspicuous location on the land excavation-site informing the public of the decision, the right to appeal, and the date by which an appeal must be filed with the Administrator.

D.

Compliance Review

Every three years after issuance of the operating permit, the Administrator shall review the land excavation for compliance with the conditions of the operating permit. The Administrator shall add, modify, or delete any permit conditions necessary for consistency with regulations adopted subsequent to the date of permit issuance, excluding amendments of the regulations found in Sections 6.11.54 or 6.11.117 of this Code. Any new conditions or modifications thereof shall only be applicable to the unexcavated portion of the land excavations.

E.

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 Administrator a transfer of the original permit. The new owner shall furnish the Administrator 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 8.01.04 prior to the transfer of the permit. The new owner shall also submit an affidavit to complete reclamation as required in the Development Review Manual, and an irrevocable license to enter the site to reclaim as required in 8.01.04 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 the penalties specified in 11.06.00.

F.

Appeal of Determination of Operating Permit

Appeals of determination of Operating Permits are to comply with Section 4.1.10 of the Development Review Procedures Manual.

G.

Fees

The Board is authorized to set reasonable fees for the implementation of this Part. In addition to the fee which accompanies the application, the permittee shall also submit to the Administrator 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. The notarized document indicating the number of cubic yards of material removed from the excavation and the corresponding fee shall be submitted to the Administrator 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.

Notwithstanding, inspection fees shall be reduced by 50 percent for agricultural reservoirs permitted in accordance with Section 6.11.117 of this Code. All other fees shall apply.

H.

Inspection

The Administrator shall have the right to inspect the lands affected by this division. Permitted land excavations shall be inspected to ensure compliance with this division and all conditions of the permit. Inspections shall be performed at least quarterly. Advance notice of inspections shall not be required, however, upon arrival the inspector shall attempt to contact operating personnel.

(Ord. No. 99-26, § 2, 11-18-99; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 08-29, § 2, 2-1-09; Ord. No. 11-19, § 2(Item V-B)(11-0604), 11-3-11, eff. 2-1-12)

A.

Financial Security

Financial security is required per the procedure contained in the Development Review Procedures Manual, Section 4.1.10. Notwithstanding, all land excavations authorized by the SWFWMD or FDEP for the purpose of agricultural irrigation shall be exempt from the financial security for reclamation requirement.

B.

Release of Financial Security To Ensure Reclamation

1.

The permittee shall notify the Administrator in writing to request the release of financial security. Prior to the release, the following shall occur:

a.

The Administrator 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 Administrator shall return the released financial security to the permittee within 30 days of approval.

(Ord. No. 01-26, § 2, 9-12-01; Ord. No. 11-19, § 2(Item V-B)(11-0604), 11-3-11, eff. 2-1-12)

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 Administrator 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 Environmental Protection Commission of Hillsborough 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 staff 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 semiconfining layer beneath the surficial aquifer. A minimum thickness of ten 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 Environmental Protection Commission of Hillsborough County Wetland Rule Chapter 1-11 and all other applicable rules.

5.

Except as otherwise restricted by Sections 6.11.54 and 6.11.117 of this Code, agriculture irrigation reservoir authorizations issued through the Southwest Florida Water Management District (SWFWMD) or Florida Department of Environmental Protection (FDEP) 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. This does not supersede the Environmental Protection Commission of Hillsborough County Wetland Rule (Chapter 1-11).

C.

Noise

Land excavation operations shall not create a sound level which exceeds the limits established by the Rules of the Environmental Protection Commission of Hillsborough County.

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 his 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 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 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 EPC.

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.

F.

Haul Roads

If an offsite haul route contains a dirt segment of a public road, the land excavation property owner shall pave the dirt segment of the public road in accordance with the Hillsborough County Highway and Bridge Technical Manual and shall control dust generated by the land excavation's trucks within 500 feet of any residence.

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 the Rules of the Environmental Protection Commission of Hillsborough County Chapter 1-4 (Open Burning).

H.

Ingress/Egress

1.

Ingress/Egress aprons are required for all land excavations from which material is excavated and transported on a public road(s). Aprons shall be geometrically designed according to the specifications for a Type II Turnout as provided in the Florida Department of Transportation Standard Sheet #516.

2.

The minimum pavement of the apron shall be one and three-fourths inches of asphaltic concrete type S-1 over eight inches of limerock base over 12 inches of stabilization (minimum LBR 40), or equivalent as approved by the Administrator or his designee.

3.

The ingress/egress apron shall be maintained throughout the duration of the land excavation activities.

4.

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

5.

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.

Trees and Upland Habitat

1.

The applicant shall locate the proposed excavation to minimize the removal of trees having a DBH of five inches or greater. However, the applicant for an excavation authorized by SWFWMD or FDEP for the purpose of agricultural irrigation may, as necessary, seek a permitting exception to this restriction as provided by Section 4.01.03, Natural Resources Permit.

2.

Upland significant and essential wildlife habitat shall be protected in accordance with the standards and guidelines of 4.01.00.

J.

Compliance With DEP Requirements

1.

The land excavation shall comply with the Florida Department of Environmental Protection (DEP) 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 DEP in accordance with Florida Statutes Chapter 378.

(Ord. No. 11-19, § 2(Item V-B)(11-0604), 11-3-11, eff. 2-1-12)

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 percent of the bank along the entire perimeter of the excavation. The littoral shelf shall be landscaped with native wetland plants as listed in the Rules of EPC of Hillsborough County, Chapter 1-11. This landscaping material shall consist of a diversity of herbaceous and/or forested plants as recommended by the EPC. 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 of six feet below 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, a maximum of 30 trees per acre of disturbed land shall be planted within all required buffer areas, as determined by the County.

(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 percent of the number originally planted.

4.

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

(Ord. No. 11-19, § 2(Item V-B)(11-0604), 11-3-11, eff. 2-1-12)

A.

Short Title

This Part shall be known and may be cited as the "Hillsborough County Phosphate Mining Regulations."

B.

Purpose

1.

The purpose of this part is to protect the public health, safety, and general welfare; to insure the orderly development of mineral resources in a manner compatible with the overall development of the county; to conserve natural and environmental resources for present and future generations; to minimize the adverse impacts of mining; to insure that phosphate mining (including debris mining), a temporary land use, is carried out in such a manner as not to preclude future normal uses of mined-out lands and to insure that phosphate mining activities are consistent with the Future of Hillsborough Comprehensive Plan for Unincorporated Hillsborough County as amended.

2.

This division provides a flexible frame within which each application for a permit shall be considered. Flexibility is provided in order to allow the applicant to adapt his methods and procedures to changes in technology and the interest of the public. This division is based on the traditional methodology used by the phosphate industry in central Florida, in which phosphatic clays are placed in well-defined settling ponds for consolidation and separation of water. Should applications for permits, or applications for amendments thereto, be based on or incorporate other methodologies, such applications or amendments if in compliance with the spirit and intent of this division, may be approved by the Board.

3.

Nothing herein shall be construed to be a waiver of any present or subsequently enacted federal, state, or local law, ordinance, or regulation, which as such is deemed fully applicable to the activities regulated herein.

4.

The chemical processing of phosphate ore is not regulated by this division.

C.

Applicability

1.

This Part shall apply to all applications for phosphate mining, debris mining and phosphate processing operations conducted within the boundaries of Hillsborough County filed on or after its effective date. To the extent applicable, Hillsborough County Ordinances 74-6, 77-6, 87-27, and 90-4 shall continue to apply to approvals granted thereunder except as provided in 2 below. No phosphate mining, debris mining or phosphate processing operations may be conducted within Hillsborough County, except those which are within the scope of a valid operating permit or other mining approval issued by the Board.

2.

All provisions herein shall apply to all applications for amendments or extensions to operating permits under 8.02.02, whether or not such operating permit was issued or amended prior to the effective date of this Land Development Code.

3.

All provisions herein shall apply to all applications for extensions and approvals, whether or not such extensions and approvals apply to an operating permit issued prior to the effective date of this Land Development Code.

4.

All evidence of financial responsibility furnished to the County on or after the effective date of this Code shall meet all applicable provisions herein.

Review procedures shall be as set forth in the Development Review Procedures Manual, Section 6.4.

A.

General Requirement

1.

A phosphate mining operating permit will be issued only after the submission and review of a completed application to the Administrator, reviewed by the Phosphate Mining Hearing Master or Zoning Hearing Master as appropriate, and approval by the Board. Engaging in any mining activity or operation pursuant to a permit constitutes the permittee's acceptance and approval of civil penalty assessments and other penalties and remedies contained in 11.06.00.

2.

Where an application for an operating permit is submitted in conjunction with an application for a Development of Regional Impact, both applications shall be reviewed by the Zoning Hearing Master and the Board of County Commissioners pursuant to the procedures set forth in 10.03.00. The DRI application shall be treated in accordance with all requirements and procedures set forth in Chapter 380, Fla. Stat., and rules duly adopted thereunder.

B.

Issuance

1.

Following approval by the Board of an application, the Administrator shall issue an operating permit to the applicant or his authorized agent, provided that he has furnished evidence of financial responsibility which meets all requirements of 8.02.10 of this Code; and

a.

If evidence of insurance or surety bonds is furnished, such is valid as of the date of issuance of the operating permit and for a period of one year thereafter; or

b.

If financial statements are furnished, such are updated within sixty (60) calendar days prior to issuance of the operating permit.

2.

The effective date of any operating permit shall be the date of its issuance or a subsequent date specified by the Board.

3.

An operating permit shall be valid for the period specified for completion of the operations, including all reclamation, set out in the approved mining and reclamation plan; provided that a review demonstrates compliance with the terms of this Land Development Code, and any regulations adopted thereunder, and provided that a review of the operating permit itself shall be conducted annually as required by 8.02.09 of this Code.

4.

The operating permit shall specify the scope of operations. Plans of operation submitted with the operating permit application, and recommendations made by the Board may be incorporated into the scope of operations of the operating permit.

5.

The permittee shall allow designated representatives of the Board and the Environmental Protection Commission to enter upon any property covered by an operating permit with or without advance notice, for the purpose of inspection to ensure compliance with this Land Development Code and the terms and conditions of the operating permit. Except in a bona fide emergency, representatives of the Board and the Environmental Protection Commission shall contact a representative of the permittee prior to their entering upon any property covered by a permit so that representatives of the permittee may accompany County personnel to insure compliance with federal, company and insurance safety regulations. To the extent possible, individual representatives of the Board and the Environmental Protection Commission are encouraged to contact each other and coordinate inspections at a mine site.

6.

The permittee shall be subject to absolute liability, without necessity of proof of negligence in any form or manner, to any injured party for damages resulting from failure of any dam, spillway, or other outlet structure of a settling or thickening pond, or from failure of the permittee to complete reclamation of lands as required by the permit. Prior to issuance of a permit, the applicant shall enter into a contract with the Board guaranteeing the performance of the reclamation operations and the performance of its proposed settling or thickening pond dams, spillways or other outlet structures and establishing liquidated damages to be paid the County in the event of any breach of said contract. In order to provide assurance of ability to respond in damages commensurate with potential liability, the applicant shall furnish evidence of financial responsibility as required by this Land Development Code. The liabilities under this section shall be in addition to other penalties imposed by other sections of this Land Development Code.

7.

The Board may approve all or any portion of the operations for which an operating permit is sought, subject to whatever conditions the Board may deem reasonably necessary and appropriate for the fulfillment of the purposes of this Land Development Code. Additional conditions of approval shall be stated on the face of the operating permit.

8.

An operating permit shall be issued in the name of the applicant. An operating permit (or rights acquired thereby) may be wholly or partially transferred if, prior to such transfer, the transferee furnishes satisfactory evidence of financial responsibility as is then required to be maintained on account of the lands or interest therein to be transferred. The transfer shall be accomplished by the issuance of a transfer permit (or partial transfer permit) to the transferee. Upon approval by the Board, the Administrator shall issue such transfer permit at the request of the transferee or his authorized agent. Upon acceptance of the transfer permit, the transferee becomes the permittee under this Land Development Code and assumes the responsibility of compliance with all the terms of this Land Development Code and of the operating permit.

9.

Transfer (including by termination of any leasehold or other interest) of the permittee's interest in any lands which are the subject of a valid operating permit to anyone who has not been issued a transfer permit in accordance with 8.02.02 D shall constitute grounds for immediate suspension of the permit.

10.

If at any time during the term of the permit the permittee fails to comply with this Land Development Code or the appropriate rules and regulations of other departments or agencies of the County, the Administrator shall immediately notify the permittee in writing by certified mail and shall order corrective action. Notification may be dispensed with in the event that circumstances establish that irreparable harm may occur if immediate action is not taken. However, the County shall make a reasonable attempt to notify the permittee by telephone or oral communication when a Board action is essential for the public health, safety and welfare.

a.

The permittee shall comply with such notices and orders within a reasonable time period and will report such compliance in writing to the Administrator. The permittee may appeal the orders of the Administrator to the Board no later than ten working days following receipt of such order, which appeal shall automatically stay the effectiveness of such order. The Administrator may use any available means of enforcement to secure compliance, including prosecution before the Hillsborough County Code Enforcement Board.

b.

Should the permittee fail to comply with any order of the Administrator or the Board, the Board may suspend the permit.

c.

Copies of all notices and orders sent to the permittee by the Administrator and reports of compliance from the permittee shall be sent by the Administrator to any agency involved under 8.02.02 A.

11.

A permit shall be subject to suspension if at any time there is a finding by the Board of noncompliance with any of the terms of this Land Development Code. The permittee shall be given due notice of any hearing at which such matter is to be considered. In the event that circumstances establish that irreparable harm may occur if immediate action is not taken, due notice may consist of a reasonable attempt to notify permittee of such hearing by telephone or other oral communication. In all circumstances, the Administrator shall immediately notify the permittee, in writing, of any Board order or action. While a permit or any part of a permit is under suspension, no operations authorized by the suspended portion of the permit may be carried out, except as approved by the Board. A suspension may be terminated in whole or in part upon a finding by the Board that necessary steps have been taken to correct the noncompliance.

12.

Failure on the part of the permittee to comply with any suspension order or to begin mining or mining related activities in accordance with the approved schedule of operations, or the suspension of mining or mining related activities and/or reclamation for a period of two years by a permittee, may be cause for revocation of the permit by the Board. The permittee shall be given due notice of any hearing at which such matter is to be considered. Any subsequent application for permission to commence operations will be treated as an initial application.

C.

Amendments to Phosphate Mining Operating Permit

1.

When an application to amend an operating permit is submitted in conjunction with an application to amend a Development of Regional Impact Development Order, only the application to amend the operating permit shall be heard by the Phosphate Mining Hearing Master prior to final consideration by the Board of County Commissioners. The application to amend the DRI Development Order shall be brought directly to the Board of County Commissioners for a determination of whether the proposed amendment is a "substantial deviation" as defined in Section 380.06, Fla. Stat. Applications to amend a DRI Development Order shall be treated in accordance with all requirements and procedures set forth in Section 380.06, Fla. Stat., and rules duly adopted thereunder, and shall also be subject to the notice provisions set forth in 8.02.07 F.

2.

If the Board of County Commissioners determines that a proposed amendment to a DRI Development Order is not a "substantial deviation", then the Board may, at the same hearing, consider for final determination the application for amendment to the operating permit, provided that all notice requirements have been met.

3.

Where the Board of County Commissioners determines that a proposed amendment to a DRI Development Order is a "substantial deviation", public hearings shall be scheduled before the Zoning Hearing Master and the Board of County Commissioners in accordance with the procedures set forth in 10.03.00, and the requirements and procedures contained in Chapter 380, Florida Statutes.

4.

Submittal requirements for an application to amend an operating permit shall consist of 16 copies of the requested changes with appropriate engineering documentation to justify the need for the permit amendment, and a list of all property owners, including tax folio numbers and addresses, entitled to receive notice pursuant to 8.02.07 F.

D.

Deeding of Reclaimed Lands or Roads to County

The Board may request the deeding of a percentage of reclaimed lands or any permanent roads or other transportation rights-of-way or drainage easements or rights-of-way to the County for public uses, upon termination of phosphate mining or other phosphate processing operations.

E.

Fees

The Board of County Commissioners is authorized to set reasonable fees and charges for the implementation of these regulations. Such fees shall be set by resolution. Under no condition shall said fees or any part thereof be refunded for failure of the Board of County Commissioners to approve an application.

(Ord. No. 01-26, § 2, 9-12-01)

A.

Applicability

The following mining or mining related activities and associated reclamation plans are to be reviewed and approved by the Board:

1.

Mining Units.

2.

Clay settling ponds.

3.

Beneficiation plants.

4.

Mining, clearing, placement of earthen fill, construction of buildings, access roads, utilities, or other activities within the stream buffer setback as defined in 8.02.08 A 13.

5.

Clearing of land, placement of fill and construction of permanent or temporary access roads or pipelines below the 25 year floodplain elevations (See 8.02.08 A 12).

6.

Sand tailings piles.

7.

Thickening ponds.

8.

Conceptual reclamation plan modifications (as defined by Florida Department of Environmental Protection).

9.

Associated site preparation, powerline and pipeline construction, and stockpiling of material, when not performed in conjunction with activities in paragraphs 1-8 above.

B.

Review Procedures

Review Procedures shall be as set forth in the Development Review Procedures Manual, Section 6.4.1.

(Ord. No. 01-26, § 2, 9-12-01)

Applications for activities requiring review and approval by the Administrator shall contain information, and be reviewed, per procedures as set forth in the Development Review Procedures Manual, Section 6.4.1.

(Ord. No. 01-26, § 2, 9-12-01)

The following mining related activities may commence without either Board or Administrator approval:

A.

Surveying

B.

Monitoring equipment installation

C.

Fence construction

D.

Exploratory drilling

E.

Site clearing and vehicular access associated with items A-D, above.

A.

Findings and Recommendations

1.

The Phosphate Mining Hearing Master shall file his recommendation and submit the record of the hearing to the Clerk of the Board of County Commissioners within 15 working days of the close of the hearing.

2.

The Clerk of the Board of County Commissioners shall, within three working day from the date that the Phosphate Mining Hearing Master's recommendation and the record of the hearing are filed, deliver a copy of the recommendation to the applicant, and the Administrator.

3.

The recommendation of the Phosphate Mining Hearing Master shall include:

a.

Summary of evidence presented.

b.

Findings of fact.

c.

Conclusions of law.

d.

A finding of compliance or a finding of all points of noncompliance with this Code and the Comprehensive Plan.

e.

A recommendation to either approve or deny the application with reasons therefore specified, including any recommended conditions.

4.

No application shall be recommended for approval by the Phosphate Mining Hearing Master unless it is found that the application is in compliance with this Code and the Comprehensive Plan, or specific findings of fact and conclusions of law are made that the applicant is vested from compliance with regard to all or part of said Code and the Comprehensive Plan.

B.

Record of Hearing Before the Phosphate Mining Hearing Master

The record of the hearing before the Phosphate Mining Hearing Master, which shall be submitted to the Clerk of the Board of County Commissioners, shall consist of:

1.

The application and accompanying documents.

2.

Staff reports and recommendations.

3.

All exhibits and documentary evidence.

4.

The summary, findings, conclusions, and recommendation of the Phosphate Mining Hearing Master.

5.

The tape recording of testimony at the hearing.

6.

Verbatim transcript of the proceedings.

(Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05)

A.

Notice Date for Board of County Commissioners' Consideration

1.

Any person wishing to receive notice of the date when the Board of County Commissioners will consider an application may supply the Clerk of the Board of County Commissioners with their name, address, and a stamped self-addressed envelope for that purpose.

2.

A date and time at which the Board of County Commissioners will consider an application shall be established no later than 15 days from the conclusion of the public hearing before the Phosphate Mining Hearing Master. The Administrator shall arrange for the setting of said date and shall ensure that the Clerk of the Board of County Commissioners is advised at least 30 days in advance of said date.

3.

Upon notification of the date and time at which the Board of County Commissioners will consider an application for final decision, the Clerk of the Board of County Commissioners shall give notice of same by proof of mailing receipt, to the applicant and to all owners of property who were notified for the public hearing before the Phosphate Mining Hearing Master as required by 8.02.07 F. Other parties of record and all persons who supplied the Clerk with their names, addresses, and a stamped self-addressed envelope for the purpose of receiving notice shall also receive notice. Such notice shall be mailed at least 20 days prior to the date set.

B.

Evidence Before the Board of County Commissioners

1.

The record before the Board of County Commissioners upon consideration of an application shall be the complete record of the hearing before the Phosphate Mining Hearing Master, including his recommendation. Except in those instances where the application is part of the review and application for development approval pursuant to Chapter 380.06, Florida Statutes, the Board, after reviewing the record and recommendation, shall consider additional evidence only as considered in B.2. below.

2.

Additional evidence may be allowed pursuant to the provisions of this Subsection, if:

a.

Through the exercise of due diligence if could not have been discovered in time to present same to the Land Use Hearing Officer; and/or

b.

The witness could not appear at the public hearing for good reason beyond his control.

3.

Within seven calendar days after the date of filing of the Phosphate Mining Hearing Master's recommendation, the individual seeking to introduce the additional evidence described in 2. above, shall file with the Clerk of the Board a written request including:

a.

The additional evidence, and

b.

The reasons why the evidence could not through the exercise of due diligence have been discovered in time to present same to the Land Use Hearing Officer; and/or

c.

The reasons why the witness could not appear.

4.

The request shall be filed on forms available from the Administrator. A copy of said request shall be maintained by the Administrator and maintained in a master file available to the public and the Board.

5.

The additional evidence, if documentary, shall be attached to the request. If testimonial in nature, a summary of the testimony shall be provided.

6.

The Board shall consider the request for presentation of additional evidence and responses thereto at the public meeting on the Phosphate Mining Hearing Master's recommendation. Staff of the Office of County Attorney shall review the additional evidence request in regard to whether or not the request meets the criteria stated in 2. above and whether or not the additional evidence is duplicative of material already in the record before the Phosphate Mining Hearing Master. Staff of the County Attorney's Office shall report its findings at the meeting before the Board. The Board shall remand the proceeding to the Phosphate Mining Hearing Master for the purpose of consideration of the additional evidence if he finds all the following:

a.

The additional evidence could not through the exercise of due diligence have been discovered in time to present same to the Phosphate Mining Hearing Master, or the witness could not appear at the public hearing for good reason beyond his control.

b.

That the additional evidence is not duplicative of material already in the record before the Phosphate Mining Hearing Master.

c.

The evidence is relevant to the issues raised by the petition at issue.

7.

If the Board finds that the additional evidence is not admissible based upon the criteria contained herein, then the Board shall deny the request and proceed to consider the petition. The Board of County Commissioners shall specifically state on the record why a request has been denied. Once a request is denied, the material presented shall not be considered by the Board in its deliberations.

8.

If the Board finds that the additional evidence is admissible and therefore elects to remand the proceedings to the Phosphate Mining Hearing Master, then the Board shall establish a date for said hearing. The remanded proceedings shall be conducted in accordance with the terms of this Code applicable to proceedings before the Phosphate Mining Hearing Master, except that said proceeding does not have to be renoticed. At the conclusion of the remanded proceedings, the Phosphate Mining Hearing Master shall file an amended recommendation which has considered the introduction of the additional evidence. The Clerk of the Board shall renotice all parties of record of the new set time and date at which the Board will consider an application for a final decision.

9.

If the applicant elects to waive any objection to the additional evidence, the Board of County Commissioners may proceed to consider the petition without remand.

C.

Proceedings Before the Board of County Commissioners

1.

The participants before the Board of County Commissioners shall be the applicant, County agencies and Parties of Record. The order of appearance and time allotments shall be as follows, provided that for good cause shown, the Board may grant additional time. Testimony shall be limited to matters directly related to the record of the proceedings before the Phosphate Mining Hearing Master.

2.

The presentation shall be as follows:

a.

Applicant and witnesses; proposal: 15 minutes, plus an additional 15 minutes if requested by the applicant.

b.

Administrator, summary of the application, County staff and department findings: five minutes.

c.

Proponents; argument for the application: 15 minutes.

d.

Opponents; argument against the application: 15 minutes.

e.

Staff, amended recommendations, if any: five minutes.

f.

Applicant; rebuttal and summation: five minutes.

3.

The Board of County Commissioners may continue the hearing upon a finding that said continuance is necessary to a complete review of the Phosphate Mining Hearing Master's recommendation. Said continuance shall be to a date and time certain.

4.

The Board of County Commissioners reserves the right to remand an application to the Phosphate Mining Hearing Master when additional review is needed. If the Board elects to remand an application to the Phosphate Mining Hearing Master, the Board shall establish a date and time for said hearing, which shall not exceed 45 days from the date of the Board hearing.

D.

Party of Record

A party of record is:

1.

A person who was present at the hearing before the Phosphate Mining Hearing Master and presented either oral testimony or documentary evidence.

2.

A person who was notified of the hearing before the Phosphate Mining Hearing Master by proof of mail pursuant to the terms of this Section.

E.

Consideration and Final Decision of the Board of County Commissioners

The Board of County Commissioners shall consider the record of hearing before the Phosphate Mining Hearing Master, and any testimony or additional evidence received pursuant to the terms contained herein, and shall approve or deny the application subject to such conditions as may be necessary and appropriate.

F.

Notice

1.

Notice of review by the Phosphate Mining Hearing Master of applications for operating permits, amendments to operating permits, operating permit transfers, mining and mining related activities described in 8.02.03, and waivers from the requirements of this Division, shall be provided by the applicant by proof of mailing receipt, to all owners of property within 500 feet of the perimeter of the boundary of the proposed activity. Public rights-of-way less than 1,000 feet in width as measured at the site shall be excluded in calculating notification distances. When a water body less than 1,000 feet in width intervenes in the required notice distance and extends beyond the notice distance, only the property owners adjacent to the water body will receive the extended notice. However, when a water body intervenes, but does not extend beyond notice distance, the water body shall not be recognized for the purpose of notice. The names, addresses and tax folio numbers of all such owners shall be obtained by reference to the latest ad valorem tax records. In addition, notice shall be provided in the same manner to all duly registered neighborhood organizations lying within one mile of the boundary of the proposed activity. Said notice by mail is the responsibility of the applicant and shall be mailed no later than 20 calendar days after filing of the application. Said notice shall be mailed again by the applicant by proof of mailing receipt, upon establishment of the Phosphate Mining Hearing Master's date and Board of County Commissioners meeting date. The notice shall indicate both dates the application will be considered on, in addition to the requirements of 8.02.07 F 5, and shall be mailed no later than 15 calendar days prior to the Phosphate Mining Hearing Master's hearing. In the event the date of the hearing is changed, a new notice shall be sent by the applicant. Further notice shall be given by the Administrator by posting a sign in a conspicuous place on the property which is the subject of the proposed activity at least 15 calendar days prior to the Phosphate Mining Hearing Master's hearing date.

2.

Where an application to amend a DRI Development Order is brought to the Board of County Commissioners directly, as authorized in 10.03.00, notice shall be provided by the applicant proof of mailing receipt, to all owners of property within 500 feet of the perimeter of the proposed activity which is the subject of the amendment, excluding public rights-of-way less than 1,000 feet in width. when a water body less than 1,000 feet in width intervenes in the required notice distance and extends beyond the notice distance, only the property owners adjacent to the water body will receive the extended notice. However, when a water body intervenes, but does not extend beyond notice distance, the water body shall not be recognized for the purpose of notice.

3.

Notice of review by the Zoning Hearing Master, as well as notice of final consideration by the Board of County Commissioners of the recommendations of the Zoning Hearing Master, shall be provided in accordance with 10.03.00 of this Code, and the requirements of Chapter 380, Florida Statutes.

4.

Notice of hearings before the Board of County Commissioners for final consideration of applications for operating permits, amendments to operating permits, operating permit transfers, mining and mining related activities described in 8.02.00, and waivers from the requirements of this Part shall be given in accordance with paragraphs 1 through 5 of this section.

5.

For purposes of paragraphs 1, 2 and 4 above, mailed notices shall contain the following information:

a.

Date, time and location of the hearing;

b.

A description of the request;

c.

A legal description of the property;

d.

Location of the property;

e.

Instructions for obtaining further information regarding the request; and

f.

The applicant's name.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 99-25, § 2, 11-18-99; Ord. No. 99-26, § 2, 11-18-99; Ord. No. 00-38, § 2, 11-2-00)

A.

Environmental and Operational Standards

1.

The Board or the Environmental Protection Commission may establish, upon notice and public hearing thereon, such regulations as they deem necessary and proper pertaining to noise, dust and other forms of air pollution; water pollution; drainage; quality and method of discharge of wastewaters not to be retained on the permittee's lands; treatment and disposal of solid wastes; construction and maintenance of settling ponds and dams; and construction and use of both temporary and permanent on and off site transportation facilities.

2.

Mining unit boundaries shall conform, wherever possible, with watershed boundaries and shall conform to Department of Environmental Protection reclamation program boundaries. A mining unit shall not exceed 2,500 acres in size and shall be a contiguous area, wherever possible.

3.

All mining activities within Hillsborough County shall conform to the following setback requirements. Such setback requirements shall apply only to those uses set forth below which were in existence at the time of application for the Operating Permit or Development Order, whichever occurred earlier, and in existence at the time of application for approval of the proposed activity. Reductions to these setback limitations may be requested by the Permittee under 4 below.

a.

No excavation including removal of overburden, (with the exception of construction of perimeter ditches, isolator berms and recharge ditches), shall be performed within:

(1)

500 feet from the property line of a public park boundary or cemetery.

(2)

500 feet from the boundary or survey line of an officially designated historical site which is not located within the mine boundary.

(3)

1000 feet from the closest portion of a dwelling unit, or 200 feet from the property line of that portion of the adjacent property whose property tax folio number's legal description contains the dwelling unit, whichever provides the greater setback distance.

(4)

500 feet from the property line of a church or school.

(5)

200 feet from any existing public right-of-way, or public easement for drainage, utility or public road purposes.

(6)

200 feet from the property line in areas not controlled by paragraphs (1) through (5) above, including agricultural land use. The applicant may request approval by the Administrator for waivers of up to 50 feet from the property line of such properties. Such approval will be based on the applicant's submission of proposed mitigation measures or competent and substantial evidence that the lesser setback will not adversely affect the adjacent property. Any further reduction of setbacks pursuant to this Section or denial by the Administrator may be reviewed by the Phosphate Mining Hearing Master pursuant to the procedures in this Part and 8.02.08 A 4.

b.

No settling or thickening pond shall be constructed within:

(1)

500 feet from the property line of a public park boundary, cemetery or officially designated historical site as defined in 8.02.08 A 3 a (2).

(2)

1000 feet from the closest portion of a dwelling unit, or 200 feet from the property line of that portion of the adjacent property whose property tax folio number's legal description contains the dwelling unit, whichever provides the greater setback distance.

(3)

500 feet from the property line of a church or school.

(4)

200 feet from any existing public right-of-way or public easement for drainage, utility or public road purposes.

(5)

200 feet from permittee's property line in areas not controlled by paragraphs (1), (2), (3), and (4) above, including agricultural land use.

c.

No excavated material (ore) or stockpile (excluding overburden, upon Administrator approval as provided in 8.02.08 A 3 c (6)) shall be placed longer than 60 days within:

(1)

500 feet from the property line of a public park boundary, cemetery or officially designated historical site as defined in 8.02.08 A 3 a (2).

(2)

1000 feet from the closest portion of a dwelling unit, or 200 feet from the property line of that portion of the adjacent property whose property tax folio number's legal description contains the dwelling unit, whichever provides the greater setback distance.

(3)

500 feet from the property line of a church or school.

(4)

200 feet from an existing public road right-of-way or public easement for drainage, utility or road purposes. The applicant may request approval by the Administrator for waivers to within 100 feet of the existing public road right-of-way or public easement for placement of overburden. Such approval will be based on the applicant's submission of proposed mitigation measures or competent and substantial evidence that the lesser setback will not adversely affect the existing public road right-of-way or public easement based on slope of overburden stockpile, height of overburden stockpile, and duration of placement of overburden stockpile. Any further reduction of setbacks pursuant to this Section or denial by the Administrator may be reviewed by the Phosphate Mining Hearing Master pursuant to the procedures in this Part and 8.02.08 A 4.

(5)

200 feet from the property line in areas not controlled by paragraphs (1) through (4) above, including agricultural land use. The applicant may request approval by the Administrator for waivers of up to 50 feet from the property line of such properties. Such approval will be based on the applicant's submission of proposed mitigation measures or competent and substantial evidence that the lesser setback will not adversely affect the adjacent property. Any further reduction of setbacks pursuant to this Section or denial by the Administrator may be reviewed by the Phosphate Mining Hearing Master pursuant to the procedures in this Part and 8.02.08 A 4.

(6)

Overburden is excluded from the requirements of this section, except in the case of adjacent public park, cemetery, designated historical site, dwelling unit, church, or school, as defined by this subsection. Overburden may be stockpiled in setback areas for a period of up to one year upon Administrator approval. Such approval will be based on the applicant's submission of proposed mitigation measures or competent and substantial evidence that placement of the overburden in the setback areas will not adversely affect the adjacent property based on slope of overburden stockpile, height of overburden stockpile, duration of placement of overburden stockpile, distance of overburden stockpile from property line of adjacent property, and adjacent land use. A denial by the Administrator may be reviewed by the Phosphate Mining Hearing Master pursuant to the procedures in this Part and 8.02.08 A 4.

d.

No excavated material (ore), sand tailings or stockpile shall be higher than a slope-line of 35' vertical to 500' horizontal projected from the nearest point on the permittee's property line, except as approved by the Board at a duly noticed public hearing. Overburden is excluded from the requirements of this section. Overburden may be stockpiled in setback areas upon approval of the Administrator. Such approval will be based on the applicant's submission of proposed mitigation measures or competent and substantial evidence that the placement of overburden in setback areas will not adversely affect the adjacent property based on slope of overburden stockpile, height of overburden stockpile, duration of placement of overburden stockpile, distance of overburden stockpile from property line of adjacent property, and adjacent land use. A denial by the Administrator may be reviewed by the Phosphate Mining Hearing Master pursuant to the procedures in this Part and 8.02.08 A 4.

e.

No beneficiation plant shall be constructed within 1,000 feet of the permittee's property line.

f.

No utility lines, pipelines or utility roads (except inspection roads) shall be constructed within 100 feet of the permittee's property line.

g.

The applicant shall provide a stability analysis by a professional engineer licensed in the State of Florida, to establish specific setback requirements for mining adjacent to active settling ponds, or construction of settling ponds adjacent to active mining areas.

4.

Reduction of setbacks may be granted by the Board in the following cases:

a.

With consent of owners of properties within the setbacks specified in 3 above.

The above setback requirements shall not apply where all owners of the land protected by said restrictions have expressly consented to a reduction thereof by written instrument executed with the formality of a deed and recorded in the Public Records of Hillsborough County, Florida. Such consent and recordation must occur prior to any mining activities within the setback areas within the mining unit. Certified copies of the recorded instrument shall be furnished to the Administrator. If the Board determines that the applicant has provided competent and substantial evidence that the requested setback will not adversely affect offsite wetlands, drainage and floodplains, then a waiver may be granted by the Board.

b.

Without consent of owners of properties within the setbacks listed in 3 above.

If the Board determines that the applicant has demonstrated that the applicable setback requirements are unreasonable, and has provided competent and substantial evidence that a lesser requirement would not adversely affect the public health, safety and welfare, then a waiver may be granted by the Board. The applicant shall provide competent and substantial evidence that:

(1)

A lesser setback would not adversely affect the public health, safety and welfare, and

(2)

The waiver, if granted, would not affect adjacent properties with respect to impacts on water quality, water quantity, air quality, vibration, noise, esthetics, environmental impacts to wetlands, offsite drainage, and floodplains.

c.

Procedure for Waiver Requests:

The request for waiver shall be made in written form to the Administrator and shall include a list of all persons required to receive notice pursuant to 8.02.07 F shall be submitted. The request shall be transmitted to those agencies listed in the Development Review Manual for review and comment. The Administrator shall request all agencies to complete review and submit comments to it within 20 working days. Within 45 days of receipt of final comments from the reviewing agencies, the Administrator shall submit the permittee's request to the Phosphate Mining Hearing Master for review.

5.

All mining operations shall be performed in a manner which will prevent vibrations of the soil from reaching a magnitude sufficient to cause damage of any kind to persons or property outside of permittee's exterior property lines.

6.

No blasting or other use of explosives for mining purposes shall be performed without the written permission of the Administrator, who may issue appropriate conditions for the public safety and control of nuisance. Blasting or other use of dynamite and other explosives shall be directed and supervised by a person licensed in blasting operations.

7.

Ambient noises resulting from mining operations, as measured at the receptor site shall not generate noise in excess of that allowed by regulation of any local, state, or federal agency.

8.

The permittee shall monitor ambient air quality around the periphery of the property when deemed necessary by the Environmental Protection Commission staff. The specific monitoring program shall be subject to approval by the Environmental Protection Commission. The permittee shall take reasonable precautions to prevent and minimize fugitive dust emissions. All open burning shall be conducted in accordance with Chapter 1-4 of the Rules of the Environmental Protection Commission of Hillsborough County.

9.

The permittee shall monitor rainfall on his property on a daily basis. Historical data shall be made available to the County upon request, and shall be provided in the annual report.

10.

Groundwater withdrawals shall be in a quantity and manner as permitted by the appropriate water management agency in accordance with Florida Statutes. Any monitoring of such withdrawals shall also be in accordance with the laws governing and the rules and regulations of such water management agency. The effects of groundwater withdrawals and diversions shall be monitored during mining operations, including premining monitoring as prescribed by the Board. Specific requirements of the monitoring program shall be developed by the permittee and approved by the Administrator. The Board may order the permittee to construct appropriate monitoring and observation wells or devices at the permittee's expense. The permittee shall submit reports of monitored information such as water table and potentiometric levels, water production data, and the results of chemical monitoring at intervals specified by Administrator. Water withdrawals and disposals shall be subject to the following provisions:

a.

Unreasonable changes of the natural hydraulic connections between the surficial water-bearing materials and the Floridan aquifer or the introduction of deleterious chemical or physical constituents into the local ground waters or surface waters shall not be permitted.

b.

If significant and continuing deterioration of water quality occurs in the vicinity of the project as a result of operations, the Board may suspend the permit, in accordance with 8.02.02 D or request that the Southwest Florida Water Management District direct a decrease in pumping rates, while a thorough investigation is made.

c.

In the event that water quality degrades or that water levels cause conditions detrimental to the environment or conditions not in the best interest of the citizens of Hillsborough County, resulting from the use of water by one permittee or by a combination of two or more permittees, the Board may request the water management agency to order reduction or cessation of water withdrawals. When deemed necessary, the Board may suspend any permit in accordance with 8.02.02 D or take any other action deemed appropriate or necessary for the public interest.

11.

No water will be diverted from premining natural stream channels or lakes, unless specifically approved by the Board. Diversions shall be permitted only after a thorough analysis of stream flow conditions, and shall be limited to quantities that are not detrimental to upstream or downstream property owners or the environment.

12.

No mining or construction of permanent buildings or other structures will be permitted below the 25-year floodplain elevation. Flood elevations will be those established by the County, the Southwest Florida Water Management District or the U.S. Geological Survey. When deemed necessary, the County Engineer will make a determination following a review of the best available information, including a proposal and calculations submitted by the permittee's engineer to the Administrator.

13.

If the calculated 25-year floodplain is located within 225 feet of the channel of a perennial stream, a vegetated buffer strip extending upgradient from the landward edge of the stream-associated wetlands will be established using the Vegetated Buffer Strip Width Table. The minimum width of such buffer strips will be 50 feet, but buffer widths in excess of 50 feet will not be required to extend past a point 225 feet from the stream channel. If the soil structure of the lands which comprise the buffer strip are in a disturbed condition, these lands will be graded to slope and revegetated.

Successful planting of trees to achieve a tree density approved by the Administrator on a site-by-site basis in the buffer strip will allow use of the forest category for the computation of buffer widths specified in the Vegetated Buffer Strip Width Table.

An upland buffer strip of 50 feet will be maintained for all stream-associated wetlands that are to be preserved. Such buffer strips will extend upgradient from the landward edge of stream associated wetlands. The widths of buffer strips can be averaged over distances up to 100 yards to meet the 50 feet requirement. Significant wildlife habitat within 275 feet of the channels of perennial streams will be preserved as wildlife habitat and corridors.

If the Board determines that certain stream associated wetlands have been degraded such that the purpose and intent of the stream associated wetlands protection provisions are best met by mining and restoration of these systems, then the Board may permit mining of such lands above the 25 year floodplain which otherwise would be protected under 8.02.08 A 13 on a case-by-case basis at the time of mining unit approval.

Stream-associated wetlands shall be those areas where the occurrence of wetland vegetation or hydric soil conditions are related to periodic inundation by waters from a stream or other flowing water course.

The edge of a stream channel shall be defined as the edge of emergent or upland vegetation. Where emergent vegetation is continuous across the channel of a perennial stream, a point mid-way between the perpendicular boundaries of the 25 year floodplain shall be considered as the edge of the stream channel for purposes of buffer zone determination.

Perennial streams are those streams which normally flow one cfs or more or contain waters a minimum of nine months a year. In the absence of sufficient hydrologic data, perennial steams shall be those streams which have natural open-water channels with average widths of two feet or greater, as measured between the riparian edges of emergent or upland vegetation. Channel reaches not meeting the two-feet criterion may be considered perennial if there are open-water channels upstream meeting the two-feet criterion. Agricultural drainage ditches that connect to stream systems are excluded from the requirements of 8.02.08 A 13.

Vegetated Buffer Strip Width Table

14.

All dams containing settling and thickening ponds will be located, designed, constructed, and maintained in compliance with the rules and regulations of the Department of Environmental Protection of the State of Florida, and in accordance with sound engineering practice. Outlet structures from settling ponds will be designed and constructed according to accepted, sound engineering practice. Settling ponds will be designed with the capability of either storing or releasing 12 inches of rainfall over the watershed directly affecting the settling pond involved, in a period 24 hours (but not less than six inches in three hours) without encroaching on the minimum five feet of freeboard required by the Department of Environmental Protection.

15.

Phosphatic clays or other materials with high contents of clay will be disposed of only within settling ponds, except as otherwise specifically permitted (i.e., sandclay reclamation) upon consideration of the spirit and intent of this Land Development Code. Any lands, upon which such materials have been deposited and where such materials pose a hidden hazard to public safety, shall be posted and enclosed within such fence or fences as required by the Board.

16.

Clearing of land, mining, placement of fill, or construction of permanent buildings or other facilities will not be permitted in wetlands except in accordance with the provisions of the Environmental Protection Commission Rules and those of any state regulatory agency.

17.

Settling ponds shall be designed and constructed in an irregularly shaped fashion such that post-reclamation topography of the area will resemble natural land forms.

18.

Upland significant and essential wildlife habitat shall be protected from mining and mining-related activities in accordance with the standards and guidelines of 4.01.00 except:

a.

If application of the habitat protection provisions in 4.01.00 prevents access to mineable lands, said provisions shall be adjusted the minimum amount necessary to allow access corridors to the mineable lands.

b.

If the Board determines that the purpose and intent of the Natural Resources Regulations can be met by a plan, submitted by the permittee and approved by the Board, regarding the preservation and restoration of natural habitat areas and corridors within the mine boundaries, the Board shall permit mining of lands which otherwise would be protected under 4.01.00. To ensure compliance with said plan, the Board shall specify through conditions in the DRI Development Order and/or the Mine Operating Permit, as applicable, which lands may be mined; the nature, extent, and location of the restoration required; and the method of in perpetuity preservation of previously undisturbed habitat and restored habitat. At a minimum, the amount of habitat to be protected in perpetuity shall be equal to the amount which would otherwise be protected under the onsite habitat protection provisions of 4.01.08 J, 4.01.09 B 3, and C 3, pertaining to significant and essential wildlife habitat.

c.

When mining or mining-related activities are permitted in significant or essential wildlife habitat in accordance with 4.01.08 or 2 above, onsite restoration shall be required.

a.

Restoration shall be acre-for-acre re-creation of the habitat. Restoration shall also be in-kind re-creation of the habitat, unless creation of a different type of habitat is determined by the Board to be in the public's best interest and is agreed to by the permittee.

b.

Prior to undertaking mining or mining-related activities within significant or essential wildlife habitat, the permittee shall demonstrate its ability to restore the habitat by showing successful creation elsewhere of the same type of habitat. Such demonstration may be on lands within or outside of Hillsborough County.

c.

Restoration may be undertaken before or after the permitted mining or mining-related activities.

d.

Restoration shall be in a manner that will over time return the type, nature and function of the habitat to the condition in existence prior to the mining or mining-related activities.

e.

Restoration of significant or essential wildlife habitat shall be considered successful when the specific criteria established by the County for the habitat type to be re-created have been met with respect to species diversity, density, cover, and soil character. The criteria for successful restoration shall be based on the nature of the habitat and soil type to be disturbed, unless creation of a different type of habitat is determined by the Board to be in the public's best interest and is agreed to by the permittee.

f.

In cases where mining or mining-related activities are undertaken prior to restoration, the Board may require "interim preservation" to assure the continuous availability of the type of habitat to be disturbed. For the purpose of this provision, interim preservation is defined as the preservation of habitat of the type proposed for mining or mining-related activity on an acre-for-acre basis on lands exempt, per 4.01.03 of this Code, from the standards and guidelines of 4.01.04 of this Code, until restoration is successful. The land to be utilized for interim preservation may be either previously undisturbed habitat or restored habitat, but must meet the definition of "significant wildlife habitat" or "essential wildlife habitat" as contained in the Land Development Code.

19.

Control of mosquitos in settling ponds, ditches, or any other man-made water bodies containing cattails, water lettuce or water hyacinth within three miles of a residential area shall be the responsibility of the permittee.

20.

No mining of wetlands shall be permitted unless approved by EPC and a signed mitigation agreement is in place in accordance with the Rules of EPC.

21.

All lighting shall be directional and shall not shine directly onto adjacent property.

B.

Criteria for Approval of Phosphate Ore Extraction Activities in Wellhead Resource Protection Area Zone 2 (WRPA Zone 2) and/or Surface Water Resource Protection Area (SWRPA)

1.

Conditions and Safeguards - The applicant must provide reasonable assurance through the submittal of competent and substantial evidence that adequate technology exists to isolate the facility or activity from the potable water supply. In approving Mining Units, the BOCC, pursuant to LDC Section 8.02.07.E, may prescribe appropriate conditions and safeguards which are necessary to protect the existing well(s), future identified well(s), or potable surface water supply resources. Conditions can include but are not limited to:

a.

Submittal of existing monitoring reports to the County.

b.

Required actions to prevent an illegal discharge.

c.

A requirement for monitoring of groundwater or surface water quality.

d.

Actions which are conditions of approval of the Mining Unit which must be maintained in compliance for the Mining Unit approval to be in effect.

e.

Surety, bond, escrow, letter of credit.

2.

Hydrogeologic data and analysis - Site-specific hydrogeologic data and analysis that establish that the activity or facility will comply with the requirements set forth in Chapters 62-520, 62-522, and 62-550, F.A.C. (i.e., applicable Florida groundwater quality standards).

3.

Best Available Technology which will isolate the activity or facility from contaminating the existing or future potable water supply resources.

4.

Best Management Practices.

5.

Regulated Substances - Written Statement/Technical Report (a detailed description of the operation of the facility under review related to Regulated Substances).

a.

A List of all Regulated Substances ("RS") which are to be stored, handled, used, disposed of, or produced, including their quantities.

b.

A detailed description and the locations of the activities that involve the storage, handling, use, disposal, or production of the Regulated Substances indicating the unit quantities in which substances are contained or manipulated.

c.

A description of the containment, the emergency collection devices and containers, and copy of the emergency plan that will be employed.

d.

A description of the daily monitoring activities that has been or will be instituted to comply with the restrictions for the WRPA or SWRPA.

e.

Descriptions and locations of any proposed monitoring systems or devices to be installed to observe the effect of the proposed operations on environmental phenomena, to include for each station: The type of device or procedure to be installed or followed, the schedule to be followed, and a proposal for the compilation of data and the submission of reports.

f.

A description of groundwater monitoring wells, including the latitude and longitude, location map, construction design, geology log and water quality analysis that have been or will be tested and the arrangements made or which will be made for certified quarterly analyses for specified Regulated Substances.

g.

A description of the maintenance that will be provided for the containment facility, monitoring system, and emergency equipment.

h.

A sampling and analysis of the groundwater or surface water on the site shall be performed to determine if any Regulated Substances are already present which constitute a threat to the water supply.

i.

An analysis of potable supply wells whose protection zone lies within the Mining Unit boundary showing whether or not such well(s) is/are already contaminated by any Regulated Substances and the extent of such contamination.

j.

Isolation components to be used including individual functions and systems tying the components together; discussion and documentation, such as published technical articles, substantiating the performance and reliability of the components individually and the system as a whole (if the system has not been field tested, a discussion and laboratory test documentation to substantiate the proposed performance and reliability of the system); and details of the specific plans to install the system at the site.

k.

A description of proposed potable water supply/wastewater disposal.

l.

A schedule for proposed construction and operation.

m.

Description of nature, quantity and disposition of wastes resulting from plant operation.

6.

Impact Analysis - Impacts on public potable water supply wells and public potable water supply systems or surface waters.

7.

Inventory of Existing 2-Inch Wells or Greater, on Adjacent Property — within 1,000 feet of the applicant's property line, as determined by SWFWMD records.

8.

Compliance with Stormwater Management Technical Manual, as amended. General plans for stormwater management that are to be accomplished during and following the conclusion of operations, including sufficient topographic maps to ensure adequate definition of all stormwater characteristics of the applicant's lands and their effects upon neighboring lands, the seasonal high groundwater elevation, stormwater runoff calculations, a description of all points of discharge from the applicant's property, and estimate of the rate of such discharge during normal operations as well as mean annual, 25- and 100-year floods to be included in Mining Unit application.

9.

Aerial Photographs depicting limits of the 100-year floodplain.

10.

Signature and seal by a registered Professional Engineer or licensed Professional Geologist.

11.

Inspection Report.

12.

Copies of all applications to and permits or authorizations from all applicable federal, state and local agencies.

13.

Financial Responsibility provided in the form of surety, bond, escrow, letter of credit, or other common form of financial assurance.

14.

An agreement to indemnify and hold the County harmless from any and all claims, liabilities, causes of action, or damages arising out of the issuance of the Mining Unit approval.

15.

Duration: The Mining Unit approval shall remain valid for a multi-year period provided the applicant is in compliance with the terms and conditions of the Mining Unit approval and there is no change in the activity or use of the property.

C.

Reclamation Standards

1.

The permittee shall reclaim or restore all lands disturbed as a result of phosphate mining or processing activities. The primary purpose of reclamation is to reestablish or establish an optional mix of land forms, land uses, and natural vegetation associations using the criteria defined in the Phosphate Mining Reclamation Manual, or for those properties permitted by Hillsborough County for phosphate mining prior to the adoption of the Phosphate Mining Reclamation Manual, using the best available technology. The process of reclamation is a general process, which also includes the special process of restoration of specific areas, such as wetlands. The goals of reclamation are as follows:

a.

Utilize soils in a manner best suited to their capabilities.

b.

Minimize permanent destruction of soil resources.

c.

Reduce erosion and sedimentation.

d.

Maintain and enhance the existing quality and quantity characteristics of biotic resources which shall include native vegetation.

e.

Maximize safe recharge of surficial and artesian aquifers and optimize water levels of lakes and surface water courses.

f.

Minimize risks of flooding.

g.

Restore or replace impacted wetlands.

2.

It is recognized that the methodologies traditionally used by the phosphate industry may require different methods and standards for reclamation of mined-out lands not covered by settling ponds or recirculating water streams, whether constructed on mined-out land or natural ground. Disturbed land will be reclaimed in accordance with the Rules and Regulations of the Department of Environmental Protection (Florida Administrative Code, Chapter 62C-16) unless more strict standards are established by Hillsborough County.

3.

Reclamation of wetlands shall be in accordance with the requirements of the Environmental Protection Commission and rules of any other applicable State and Federal regulatory agency.

4.

The following radiation standards shall be met for post reclamation land use.

a.

The gamma radiation at the surface of land reclaimed from mining shall be surveyed after reclamation, and shall not exceed 20 micro-Roentgens per hour (20 uR/h) above background at any of the points surveyed; and

b.

The total radon (222Rn) emissions from the surface of the land reclaimed from mining shall be measured after reclamation, and shall not exceed a flux of 20 picocuries per square meter per second (20 pCi/m ² /s) at any of the points measured.

c.

Compliance with the gamma radiation standards of a above shall be demonstrated by gamma-ray surveys over a uniform survey grid spaced to provide approximately one measurement for every three acres over the entire reclaimed area. The survey shall be conducted with a calibrated radiation survey instrument having suitable precision at the six through 12 uR/h level. The gamma ray measurements shall be made at heights of 1 m above the land surface. The gamma radiation background for Hillsborough County shall be defined as six uR/h for compliance with standards of this section.

d.

Compliance with the radon flux standards of b above shall be demonstrated by radon flux measurements made over a uniform survey grid spaced to provide at least one measurement for every three acres over the entire reclaimed land area. The radon flux measurements shall utilize EPA method 115 or an alternative method that is or has been demonstrated to give equivalent results.

e.

All measurements and analyses shall utilize suitably-calibrated equipment and procedures with quality control measurements of blanks, duplicates and standards (each approximately ten percent of the total number of measurements). Standards shall include NIST-traceable or EPA-accepted reference materials. A report shall be submitted to the Administrator describing the name and location of the facility, the sampling procedure and dates, any compositing that was done, the measurement procedure, the results of each measurement, and the results of the quality control analyses. Each report shall be certified for truthfulness, accuracy, and completeness by a corporate officer or public official in charge of the facility, who has examined the report and inquired of those responsible for obtaining the information.

f.

Radiation levels of all surface waters in areas reclaimed as lakes or wetlands shall not exceed applicable standards in Rule 62-302.500, Florida Administrative Code regardless of whether such waters constitute "waters of the state" as defined therein. The Florida Department of Environmental Protection is authorized under the F.A.C. to regulate surface and ground water quality.

5.

Time Schedule for Reclamation Operations

a.

Beginning date: Backfilling and rough grading shall commence under an approved plan within six months after mining was completed in a mining unit, except for areas for settling ponds, sand tailings piles or recirculating water systems. When the area includes settling ponds, reclamation of such ponds shall commence within two years after the approved operating life of the pond. When the area includes sand tailings piles, or recirculating water systems, reclamation of such systems shall commence within two years after they are no longer used.

b.

Completion date: Hillsborough County wishes to encourage rapid completion of reclamation but recognizes that it is impractical to require all reclamation to be completed within an identical time frame. Hillsborough County also recognizes the need of the permittee to coordinate reclamation activities on the basis of some maximum period, during which all reclamation must be completed. Accordingly, maximum completion dates are as follows:

(1)

Areas not including settling ponds, sand tailings piles or recirculating water systems shall be reclaimed within four years from the date mining was completed. All backfilling and reshaping must be completed within one year. All soil treatment, soil enrichment and grassing (or temporary vegetation) must be completed within two years. All permanent vegetation (trees and shrubs) must be completed within three years. The fourth year shall include at least one growing season for the permanent vegetative cover.

(2)

Settling ponds shall be reclaimed within four years after being taken out of use as settling ponds, using the same requirements as paragraph 1 above.

(3)

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

(4)

The Board may require a more expeditious reclamation schedule in order to minimize impacts to neighbors, wetlands, offsite drainage or flood plains. Also, the Board may grant a more lengthy reclamation schedule if there are circumstances outside the applicant's control that delay the reclamation process.

6.

Certification of Reclamation Release.

a.

When the permittee has met the standards set forth in this section for reclamation of an area, the permittee may apply to the County for a written certification of completed reclamation. Certification shall be given only for completion of contiguous reclamation area based on reclamation type (e.g. upland, herbaceous wetland, forested wetland) and after the permittee has demonstrated that viable native and/or agricultural vegetative cover has been attained at the approved densities.

b.

A permittee shall be limited to applying for Certifications of Reclamation Release no more than twice per year. The permittee shall provide a synopsis of approved reclamation releases in the Annual Report.

c.

Certification of Reclamation Release Processing.

(1)

Within thirty days after receipt of an Application for Certification of Reclamation Release (Application) the County shall review the Application for completeness and may request submittal of any required information which was not submitted with the Application. The permittee shall have ninety days after the County provides a timely request for additional information to submit that information to the County. If the additional information is not provided within ninety days, the Applicant will be deemed to have been withdrawn by the permittee.

(2)

Within 30 days after receipt of such additional information, the County shall review it and thereafter may request only such further information as is needed to clarify the newly provided additional information or to answer new questions raised by or directly related to such additional information.

(3)

Within 45 days after the County has deemed the application complete, the County shall provide written certification to the permittee that the Application has been approved, approved in part or denied.

7.

Permittees shall use "Best Management Practices for Hillsborough County" as established by the Hillsborough Soil and Water Conservation Board for developing reclamation programs.

(Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07; Ord. No. 19-23, § 2(Exh. A), Item A.1(19-1043), 12-19-19, eff. 12-20-19)

A.

Filing and Contents

1.

Each year, within 30 calendar days following the anniversary date of a permit, the permittee shall file an electronic copy and two hard copies of the Annual Report of Operations with the Administrator. The annual report shall contain a general review of mining operations and reclamation during the preceding reporting year and will identify lands expected to be mined, placed in settling ponds or reclaimed during the subsequent year. The report will be made available for public inspection.

2.

Permittees may request a specific anniversary date which is consistent with current company practices or reporting periods.

B.

Failure to File

Failure to file the annual report in a timely manner shall be grounds for suspension of mining operations under the permit. The Board may grant an extension of time for filing the annual report upon written request and for reasonable cause.

C.

Review

The Administrator shall promptly forward one copy of the annual report to each of the agencies listed in the Development Review Manual. The annual report will be reviewed for compliance with the conditions of the mining permit, development order, approved mining and reclamation plans, and detailed construction plans. The Administrator shall request reviewing agencies to complete review and submit comments to it within 45 working days. Within 45 days of receipt of final comments from the reviewing agencies, the Administrator shall submit the permittee's Annual Report to the Board. The Administrator will present comments or recommendations of such agencies to the Board for approval. The presentation to the Board will be in the form of an Annual Review of Compliance, a copy of which will be provided to the permittee. In the event of non-compliance, the Administrator shall take appropriate action as specified under 8.02.02 B. Acceptance of the Annual Report of operations and approval of the Annual Review is not a substitute for other approval actions required by this Land Development Code.

(Ord. No. 02-22, § 2, 11-13-02; Ord. No. 19-23, § 2(Exh. A), Item A.1(19-1043), 12-19-19, eff. 12-20-19)

A.

Generally

1.

Each permit applicant shall furnish to the Board evidence of financial responsibility in an amount based upon the total number of acres expected to be mined or used as a settling pond during the first year of actual mining operations under the proposed mining and reclamation plan according to the following schedules: For the 2018—2019 and 2019—2020 years, $6,113.00 for each acre of land to be mined and not yet released from financial responsibility. Thereafter, the financial responsibility per acre of mined and disturbed land where reclamation has not yet been completed shall be the previous year's financial responsibility per acre adjusted for the percent change in the Construction Cost Index as published by the Engineering News Record. The percentage change shall be for the twelve (12) month interval from the last month used to establish the prior year's percentage change. For each acre-foot or storage (design capacity) above the lowest outside toe elevation of the largest settling or thickening ponds proposed to be active in the first year, $1,000.00. Such evidence of financial responsibility shall be furnished by: financial statements, corporate guarantees, letters of credit, insurance, surety bonds or hypothecated funds or other financial instrument acceptable to the County payable to the Board to cover all costs and expenses of completion of reclamation of any areas which are not completed as defined in C below and the costs of cleanup of any pollutants released by failure of any settling or thickening pond, dam, spillway, or other outlet structure and for damages to public lands and waters caused thereby. Corporate guarantees and letters of credit shall be effective from the date of approval and acceptance by the Board until the date of submission and approval of new evidence of financial responsibility. An analysis of the financial condition of the permittee as it relates to assurances of said permittee's ability to reclaim disturbed lands shall be computed on ratios and qualifications as established by the Administrator. The permittee shall provide Financial Statements to the County in sufficient detail satisfactory to the County.

2.

If the statements reflect the financial position of the applicant as of a date more than 60 days prior to the date of filing of the application, they shall be accompanied by copies of all interim balance sheets, if any, of the applicant, certified by the applicant's chief financial officer to be true and correct. Permittees not receiving approval on the ratio criteria of the County for the entire amount of the financial assurance are prohibited from using the Corporate Guarantee as sole evidence of Financial Responsibility, but the Permittee may use a Corporate Guarantee in addition to other evidence of Financial Responsibility listed in this section and acceptable to the County.

B.

Annual Reporting

1.

Each year, within 30 calendar days preceding the anniversary date of issuance of the permit, the permittee shall furnish to the Board evidence of financial responsibility as required by 8.02.10 A above, except that it shall be updated in the same manner to the anniversary date, and the amount shall be based upon the following schedule:

a.

For each acre of land expected to be mined in the year following the anniversary date, dollar amount calculated under 8.02.10.A.1;

b.

For each acre of land mined or previously covered by a settling or thickening pond; but not completed in compliance with this Part and the Permit or, in the case of wetlands mitigation areas subject to specific mitigation agreements where the criteria contained in such mitigation agreements have not been met, as of the anniversary date, dollar amount calculated under 8.02.10.A.1;

c.

For each acre-foot of storage (design capacity above the lowest outside toe elevation) expected to be contained in the largest active settling or thickening pond in the year following the anniversary date, $1,000.00 until abandoned in accordance with this Part and the Permit.

2.

Failure to furnish the annual evidence of financial responsibility in a timely manner shall be grounds for suspension of mining operations under the permit. The Board may grant an extension of time for submitting this evidence upon written request and for reasonable cause.

C.

Definitions

1.

For the purposes of this Section 8.02.10 only, and except for wetlands mitigation areas as described below, "completed" or "completion" of reclamation shall mean reclaimed through the initial planting of permanent native and/or agricultural vegetation (e.g., grass, trees, or plants) for the applicable portion of the approved post-reclamation plan but not through written certification of completion of the reclaimed area under 8.02.08 B 6.

a.

The Permittee shall continue to provide evidence of financial responsibility for five percent of the applicable assessment pursuant to 8.02.10 B for a period of one year following the initial planting of the permanent native and/or agricultural vegetation as set forth herein.

b.

The permittee shall continue to provide evidence of financial responsibility as required by 8.02.10 B for wetlands mitigation areas which are specifically defined in mitigation agreements with the Hillsborough County Environmental Protection Commission until the criteria contained in such mitigation agreements are met.

2.

For purposes of this Section 8.02.10, "abandoned" or "abandonment," consistent with the requirements of 62-672, Fla. Admin. Code (1994), shall mean that sufficient water has been removed from the settling pond or dam to make the residue no longer a pollution threat to surface waters or a hazard of any type to land areas.

3.

For purposes of this Section 8.02.10, the largest active settling or thickening pond shall consist of the largest area of above ground storage calculated by acre feet where all constructed walls of the settling or thickening pond are constructed consistent with the requirements of 62-672, Fla. Admin. Code (1994).

(Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 19-23, § 2(Exh. A), Item A.1(19-1043), 12-19-19, eff. 12-20-19)