(1)

This chapter shall be known and may be cited as the "Indian River County Excavation and Mining Ordinance."

(2)

The Indian River County Board of County Commissioners finds that in order to provide for the excavation, processing, production, and transportation of mined materials, to prevent public nuisances, safety hazards and damage to private and public property in the excavation of land, and to protect the environment, including the quality and quantity of ground and surface waters, it is necessary to regulate excavation activities, including mining and hauling, in Indian River County.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2008-023, § 1, 12-19-08)

The definitions of certain terms used in this chapter are set forth in Chapter 901, Definitions, of the Indian River County Land Development Code.

(Ord. No. 90-16, § 1, 9-11-90)

It shall be illegal and subject to the penalties provided herein for any person, association, corporation or other entity to excavate, or mine (as defined in Chapter 901) any real property in Indian River County, without first obtaining a mining permit for such activity, except as exempted in section 934.04 of this chapter. It shall also be unlawful for any excavation, or mining activity governed by a county permit issued in accordance with this ordinance to occur contrary to the conditions of such permit, subject to the penalties provided herein.

(Ord. No. 90-16, § 1, 9-11-90)

The following activities shall be exempted from the permitting requirements of this chapter, except as specifically indicated:

(1)

Agricultural use projects, including agricultural drainage canals, and irrigation work incidental to agricultural operations and stock watering ponds, provided that:

(a)

The property is agriculturally zoned, or if the property is not so zoned, the agricultural use project is allowed in accordance with Chapter 904, Nonconformities, of the county land development regulations;

(b)

No excavated material is removed from the subject property;

(c)

No excavation shall take place within fifty (50) feet of the property line; however, a ditch or canal may be excavated within fifty (50) feet of or along the property line, if written approval is obtained from affected property owners; and

(d)

Wetlands are protected from the excavation activity, in accordance with the provisions of this chapter.

(2)

Earth moving in conjunction with the installation of utility lines, wherein the excavation is to be backfilled.

(3)

Construction of state, federal, or local public roads and public works within the limits of public property, right-of-way, or easement.

(4)

Graves.

(5)

Approved sanitary landfills.

(6)

Any activity regulated by the Florida Electrical Power Plant Siting Act and the Transmission Line Siting Act (Part II, Chapter 403, F.S.) to the extent that the provisions of this chapter are pre-emptied by said Acts. Maintenance activities undertaken by a public utility as defined in Section 366.02, Florida Statutes (1983) with regard to existing electrical power plants, their reservoirs and other related facilities.

(7)

Excavation incidental to development projects.

(a)

Small-scale transfer of excess material. Excavation incidental to any authorized Indian River County development order or permit, excluding permits for individual single-family homes and single-family ponds on individual lots or parcels, including approved site plans, subdivision plats, final development plans and/or building permits, shall be exempt if no more than five thousand (5,000) cubic yards of excavated materials are transferred from the project site. Prior to transfer of material from the project site, the project developer shall apply for and obtain a temporary use permit (TUP) from the community development director or his designee for such transfer of material. The authorized transfer of material from a development project site to adjacent right-of-way shall be considered the same as transfer of material within the boundaries of the development project site. Transfer of material off site shall occur within a continuous period ("window") of time not to exceed two (2) months and be limited to the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday. This paragraph shall not be construed to exempt excavation activities resulting in the creation of a waterbody from satisfying the littoral zone and water management standards of subsection 934.06(1).

(b)

Medium-scale transfer of excess material. For excavation incidental to authorized site plans, subdivisions, or planned developments, excavation material transferred from the project site may exceed five thousand (5,000) cubic yards, provided that:

1.

The extraction process and hauling of excavated materials from the project site is completed within a two (2) month continuous period of time beginning with the initial transfer of material off the development project site. The transfer of material off site shall not occur until a county land development permit has been issued, a land development permit waiver has been granted, or a site plan has been approved and released. Such extraction and hauling is limited to occurring between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday;

2.

Water depth within a created waterbody (as applicable) shall not exceed twelve (12) feet;

3.

The provisions of subsection 934.07(5), pertaining to the posting of compliance and restoration security, are satisfied;

4.

The provisions of section 934.08, pertaining to the hauling of excavated materials on public and private roads and the posting of road maintenance security, are satisfied;

5.

The provisions of subsection 934.06(1), pertaining to littoral zone and water management standards for created waterbodies, are satisfied; and

6.

No dewatering occurs within one thousand (1,000) feet of any platted subdivision that is not serviced by public water;

7.

The project developer applies for and obtains an administrative site plan approval for the transfer of material off site.

(c)

Large-scale transfer of excess material. Incidental to construction mining activity on projects, including project phases, over three hundred fifty (350) acres in size shall be permitted in conjunction with each land development permit issued for the project or for separate phases or sub-phases of the project, if each of the following conditions is satisfied:

• That the project developer applies for and obtains site plan approval for the transfer of material off-site. The site plan application submitted for approval shall provide sufficient information to demonstrate compliance with all applicable subsection 934.04(7)(b) standards set forth above.

• That the quantity of excess fill produced by project construction and proposed to be hauled off site is the result of complying with water management or environmental requirements, or stormwater management improvements recommended by jurisdictional agencies.

• That the quantity of excess fill to be hauled off site requires more than two (2) months of excavation and hauling activity, and that the applicant has demonstrated that the requested timeframe is necessary to haul the quantity of material involved.

• That no fill is exported from the project site unless and until a land development permit is issued for the project and that permit specifies a timeframe for exporting excess fill off-site not to exceed a period of twelve (12) months from commencement of site work.

(8)

Maintenance dredging of lakes or canals. No fill material generated by maintenance of ponds on single-family lots or parcels shall be transferred off site.

(9)

[Ponds.] A pond or ponds on a single-family residential lot or parcel, provided that:

(a)

The total surface area of the pond or ponds is not greater than one-half (½) acre in size or thirty-five (35) percent of the lot or parcel, whichever is more restrictive, except that the community development director or his designee may approve a larger pond area if the applicant adequately demonstrates that a larger pond is necessary to satisfy the need for fill on site;

(b)

No excavation takes place within fifty (50) feet of the lot property line. Notwithstanding, in cases where the pond is necessary to meet stormwater management cut and fill balance requirements, said setback may be reduced to twenty-five (25) percent of parcel width perpendicular to a given lot line, as applicable;

(c)

The excavation does not disturb any existing wetland;

(d)

Pond depth does not exceed twelve (12) feet;

(e)

Side slopes are not greater than one foot vertical to four (4) feet horizontal;

(f)

No excavated material is hauled from the property, unless the excavation is conducted to satisfy cut and fill balance requirements for stormwater management purposes, as verified by the county engineer, provided removal of excavated material off site is the minimum necessary to satisfy said requirements;

(g)

It is demonstrated that the pond excavation is the minimum necessary to satisfy the intended use of fill on-site, as applicable; and

(h)

A pond permit is obtained from the county planning division, including the posting of a five hundred dollar ($500.00) security or other amount established by a resolution of the board of county commissioners; said security to be returned upon verification by county staff that the above criteria have been satisfied.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 96-6, § 22, 2-27-96; Ord. No. 98-9, § 1, 5-19-98; Ord. No. 2008-023, § 2, 12-19-08; Ord. No. 2018-024, § 1, 11-20-18)

For mining operations not exempt under section 934.04, the following special site plan submittal requirements, in addition to Chapter 914 and Chapter 971 submittal requirements, shall be satisfied:

(1)

Submittal requirements. Mining site plan application requests shall include the following:

(a)

Documentation that the applicant has met with the St. John's River Water Management District (SJRWMD) on project stormwater and groundwater issues.

(b)

Documentation that a county site plan preapplication conference has been conducted in accordance with Chapter 914 requirements and that a traffic impact methodology meeting with public works/traffic engineering has been conducted.

(c)

A national pollutant discharge elimination system (NPDES) pollution prevention plan. Such pollution prevention plan shall adequately address: ^[1]

- Containment of run-off from stockpile, wash-down, and truck spray-down areas.

- Containment of leaks and spills from vehicles and equipment (e.g. pumps, crushers).

- Wind erosion control measures used in exposed excavation and stockpile areas.

- Posting of setbacks and preservation areas on site.

- Applicable items from the county's list of mining operation best management practices (BMPs); said list is maintained by and available from the county planning department.

(d)

A hydrology report prepared and certified by a state-certified professional engineer or geologist that, at a minimum, includes:

- Historical and baseline data on the hydrology of the site and surrounding area.

- Historical and baseline data on various groundwater characteristics, including wet season and dry season (minimum one (1) year) monitoring well data collected prior to on-site mechanical dewatering and excavation below wet season groundwater level. Submittal of such wet season and dry season monitoring well data may be delayed until issuance of the first mining permit renewal or within one (1) year of the issuance of the initial mining permit.

- Estimated depth, thickness, and extent of the confining layer (e.g. Hawthorne group) in the general area of the project site, and maximum depth of proposed project excavation and well drilling activities.

- Evaluation of the cumulative groundwater impacts on adjacent wells, wetlands, and vegetation from mining or excavation operations that exist or are proposed in the vicinity of the subject mining proposal.

- Hydrology model run outputs for the mining operation with assumptions, summary, and conclusion. In addition, model run outputs shall be submitted that predict the postreclamation groundwater and lake levels and shall include assumptions, summary, and conclusion.

- Recommendations from the professional engineer or geologist to the site plan project engineer on mining design, operation, and monitoring that ensure no adverse impacts on adjacent wells, vegetation, surface waters, and wetlands.

1.

Along with the hydrology report, the applicant shall submit a ten thousand dollar ($10,000.00) deposit (or such deposit amount established by Resolution of the Board of County Commissioners as may be amended from time to time) to be used by the county to cover the cost to hire professional services to review and comment on the hydrology report. Once professional serves are paid, the county shall return any funds remaining on deposit to the applicant.

(e)

Written description of how the site plan incorporates the design recommendations contained in the hydrology report and applicable items from the county's list of mining best management practices (BMPs). ^[2]

1.

A description, noted on the site plan and stormwater management permit plans, stating how the proposed mining operation will satisfy state and federal groundwater impact regulations and standards.

2.

The date, noted on the site plan, a copy of the hydrology report was sent to the SJRWMD.

(f)

Soils test data, if any, required by the department of health (DOH) as a result of the county site plan preapplication conference process. The DOH may require soils testing if it determines that site conditions appear to have pollution indicators for soil contaminants regulated by 62-777 Florida Administrative Code. ^[3]

(g)

The location, depth, characteristics, and condition of all existing wells on site.

(h)

The distance from the excavation area(s) to the nearest existing or proposed city or county surficial aquifer public water supply well.

(i)

A comprehensive dust and spillage control plan that, at a minimum, addresses the following: ^[4]

- Treatment of stockpiles (including stockpile shape "doming"), on-site processing areas and loading areas,

- Control of dust from truck operations on site and on the project haul route;

- Methods of treatment, such as spraying and watering systems, other dust suppressants, devices and techniques, that prevent or minimize tracking material off-site;

- Use of mechanical dust recovery devices and techniques;

- Method and timing of revegetation in conjunction with excavation phases;

- Method of preventing or minimizing, and cleaning up, material spillage along the haul route; and

- Applicable items from the county's list of mining operation BMPs.

(j)

Noise modeling data and analysis demonstrating compliance with Chapter 974 noise and nuisance requirements. ^[5]

(k)

Evaluation of project impacts on haul route roads and haul route bridges and culverts if public works department/traffic engineering requires such an evaluation as a result of the traffic impact methodology meeting. ^[6]

(l)

Written and graphic information displayed on the site plan demonstrating compliance with section 934.07 requirements. ^[7]

(m)

An engineer's itemized estimate of the cost to restore the site in accordance with Chapter 934 requirements. Such estimate shall include a calculation of one hundred twenty-five (125) percent of the estimated cost. ^[8]

(n)

Description and photo-documentation of the type and condition of vegetation on site and description of the observable type and condition of vegetation on adjacent sites. ^[9]

(Ord. No. 2008-023, § 3, 12-19-08)

(1)

Procedural sequence. Mining operations are subject to the following procedural sequence:

(a)

Discussion or "pre-application" meeting with SJRWMD.

(b)

Traffic impact methodology meeting with Public Works/Traffic Engineering.

(c)

Site plan pre-application conference.

(d)

Formal site plan submittal.

(e)

Initial TRC review.

(f)

Final TRC review.

(g)

Planning and Zoning Commission review and approval.

1.

Reviewed by Board of County Commissioners if appealed.

(h)

Initial annual mining permit.

(i)

"Pre-construction"/site work meeting with staff.

(j)

Annual mining permit renewal.

(k)

Site restoration and final inspection/closeout.

(2)

Littoral zone and water management. On project sites exceeding ten (10) acres in area, any excavation or mining activity in the unincorporated county which results in the creation or expansion of a waterbody (as defined in Chapter 901) shall be subject to the following standards, except as specifically exempted in section 934.04. The requirements of this section shall not apply to small lot single-family subdivisions, which are intended to provide workforce or affordable housing.

(a)

A littoral zone(s) shall be established as part of the created waterbody. A design and management plan must be submitted which shall:

1.

Include a topographic map of the proposed littoral zone(s) showing the control elevation contour and the minus two-and-one-half-foot control water elevation contour, and include a cross-sectional view of the littoral zone(s) planting design, showing the required slopes from the top of the bank to a depth of two and one-half (2½) feet below the control water elevation;

2.

Specify how vegetation is to be established, including the extent, method, type and timing of any planting provided;

3.

Provide a description of any water management procedures to be followed in order to ensure the continued viability and health of the littoral zones;

4.

Include a plan view which documents the location and extent of the littoral zones, including the percentage of the waterbody surface area (at control elevation) covered by vegetated littoral zones.

(b)

The established littoral zone(s) shall consist of native vegetation, and shall be maintained permanently as part of the waterbody. All landscaping, littoral zone revegetation plans and lake management plans shall comply with St. John[s] River Water Management District rules.

(c)

Littoral zone design requirements:

1.

The slope for the planted littoral zone shall be no steeper than one (1) foot vertical to ten (10) feet horizontal to a distance of five (5) feet waterward of the designated planted littoral zone area. Excluding the planted littoral zones, slopes shall not exceed one (1) foot vertical to four (4) feet horizontal. Certified drawings of the littoral zone slopes must be sent to the planning division within thirty (30) days of slope construction.

2.

Littoral zones shall comprise at least thirty (30) percent of the waterbody surface area, or twenty-one (21) square feet per lineal foot of shoreline, whichever is less. Littoral zones must be located between one (1) foot above ordinary water level (OWL) and two (2) feet below OWL, as determined by the applicant's engineer or designee unless otherwise approved by the community development director or his designee.

3.

The littoral zone shall be provided with a minimum of six (6) inches of sand topsoil mix, unless otherwise approved, and planted with at least five (5) species at an average spacing of two (2) feet on center. Inter-plant spacing will vary with species, and must be depicted on the littoral zone vegetation plan.

4.

A minimum of one (1) tree shall be provided for every five hundred (500) square feet of littoral zone coverage. The proposed trees must be a minimum of five (5) feet in height at time of planting (measured at planting depth) and consist of native, freshwater wetland varieties (e.g. red bay, red maple, bald cypress, loblolly bay).

5.

Appropriate species for littoral zone plantings, including trees, are listed in Chapter 926, Appendix E.

(d)

Conformance:

1.

The planted littoral zone shall meet eighty (80) percent coverage within six (6) months, and be less than five (5) percent exotic or invasive non-native plant species after the first year. Monitoring reports are required, and must be submitted to staff at time zero (0), ninety (90) days, six (6) months, and one (1) year after planting. The applicant must notify the planning division forty-eight (48) hours prior to completion of littoral zone planting.

2.

For subdivision or affidavit of exemption projects, littoral planting zones shall be preserved and maintained as a common improvement, and shall be identified graphically and in writing in a restrictive covenant in a form acceptable to the county attorney's office. The plat or affidavit of exemption document shall reference the restrictive covenant. The restrictive covenant shall be reviewed by the planning division and county attorney's office prior to recording.

3.

Planting of the littoral zones shall be completed prior to issuance of a certificate of completion or the first certification of occupancy for any lot adjacent to or abutting the lake, whichever occurs first.

4.

All excavations must comply with "Best Management Practices for the Construction Industry."

5.

Planted littoral zones must be maintained in perpetuity in compliance with these planting requirements and with "Best Management Practices."

6.

For mining projects that propose agricultural use as part of the site restoration plan, installation of littoral zone plants, with the exception of shoreline trees as required in subsection 934.06(2)(c)4, shall not be required until the site is converted to a nonagricultural use. All other Littoral Zone and Water Management standards, including provision of littoral zone slopes, and installation of shoreline trees, shall be satisfied and completed at the time of mining site restoration.

(e)

The water management system, including swales and interconnected wetlands and lakes, must be specifically designed to inhibit siltation and eutrophication processes. To ensure this, the applicant must submit an environmental management and lake monitoring plan, specifying the method for monitoring the system and corrective actions should eutrophication and/or siltation occur.

(f)

A fifteen-foot-wide access maintenance easement shall be provided for every one thousand (1,000) feet of shoreline. This easement shall extend from below control elevation of the lake to a public or private road right-of-way, and shall be labeled and depicted on the site plan and stormwater management permit plans.

(g)

The littoral zone will be considered as fully creditable towards the 2:1 mitigation ratio for freshwater emergent wetlands; (ref. Chapter 928, Wetland and Deepwater Habitat Protection).

(h)

Off-site discharge shall meet all applicable state and federal water quality standards, including standards for turbidity and other regulated constituents and parameters. The method for testing, collecting, and reporting baseline and monitoring data to the SJRWMD shall be noted, and testing/monitoring locations shall be depicted on the site plan and stormwater management permit plans.

(3)

Groundwater and environmental protection.

(a)

All applicable state and federal groundwater and groundwater impact regulations shall be satisfied.

(b)

Excavation activity shall occur only above the confining layer.

(c)

All existing or proposed on-site wells that penetrate the confining layer shall either be ground and plugged in accordance with SJRWMD standards or brought up to current SJRWMD standards for such wells. Such wells shall be properly plugged or upgraded and properly monumented and flagged prior to issuance of the initial mining permit.

(d)

The following setbacks shall be maintained from excavation areas below the wet season groundwater level (excludes temporary recharge ditches and similar temporary excavations used for water recharge):

1.

Thirty (30) feet to any plugged or unplugged well that penetrates the confining layer.

2.

One hundred (100) feet to preserved on-site jurisdictional wetlands or native uplands.

3.

Three hundred 9300) feet to known off-site jurisdictional wetlands, native uplands, and improved pasture lands.

4.

One thousand (1,000) feet to the nearest existing or proposed city or county public water supply well that uses the surficial aquifer (the aquifer that lies above the confining layer) as a source of potable water.

(e)

The mining operation shall not adversely affect the hydro-period of preserved jurisdictional wetlands on site or known off-site jurisdictional wetlands. The project site plan, stormwater management plans, and pollution prevention plans shall demonstrate how the hydro-period of on-site and known off-site jurisdictional wetlands will be maintained to the satisfaction of SJRWMD.

(f)

Extraction and on-site processing techniques that involve blasting or use of active chemical agents are prohibited. This prohibition is based on a finding that such techniques are not necessary to extract or process recoverable materials known to exist within Indian River County, and is intended to avoid potential adverse groundwater impacts as well as noise and vibration nuisances.

(g)

Any contaminated soils identified on site shall be handled in accordance with applicable state and federal standards, as directed by the Department of Health (DOH).

(h)

Project site plans and permit plans shall incorporate all appropriate recommendations and best management practices (BMPs) contained or identified within the project hydrology report. The county is authorized to engage professional services to review project hydrology reports and charge applicants the cost of such services.

1.

Upon receipt of a project hydrology report, the county has sixty (60) days to provide the applicant comments on the hydrology report. Prior to scheduling the project for consideration by the Planning and Zoning Commission, the applicant shall respond to each comment in writing.

(4)

Traffic and nuisance mitigation.

(a)

The noise and nuisance requirements of Chapter 974 shall be satisfied. Normal operation of vehicles shall be deemed to meet Chapter 974 requirements.

1.

Pumps, crushers, and processing equipment (including portable equipment but not including vehicles) used on site shall be placed behind berms, located below surrounding ground level, or equipped with mufflers (e.g. "turbo-style" mufflers) or similar devices that significantly reduce the level of emitted noise.

(b)

Dust/particulates and material spillage shall be controlled in accordance with the approved project comprehensive dust and spillage control plan.

(c)

Material stockpiles shall not exceed a height of twenty-five (25) feet above the grade of the adjacent project site perimeter.

(d)

For purposes of these mining regulations, "haul route" shall mean the roadway segment(s) traveled by haul truck traffic from the mining site to the nearest paved major road intersection(s). The project haul route(s) shall be determined by the Public Works Director or his designee as a result of the traffic impact methodology meeting with Public Works/Traffic Engineering.

(e)

Unpaved haul routes shall be improved and maintained to the following standards:

1.

Minimum gradable base of twelve (12) inches of suitable road base material (material that can meet the compaction standard below) shall be provided for the duration of the mining project. The mining operator(s) shall add gradable base material as directed by the Public Works Director or his designee to meet this gradable base material standard.

2.

Base material shall be suitably compacted to meet LBR (load bearing ratio) 40 standards.

3.

The minimum gradable haul route width shall be twenty-four (24) feet, unless reduced by the Public Works Director for haul route segments not used by the general public.

4.

Where unpaved haul routes or haul route segments are allowed and the anticipated project haul truck traffic from the proposed mine and approved mines sharing the same haul route segment(s) exceed an average of five hundred (500) truck trip ends per day [as defined in subsection (4)(f) below], the unpaved haul route segment(s) shall be improved and maintained to the following standards:

a.

Minimum sub-base of twelve (12) inches and twelve (12) inches of suitable road base material (material such as coquina or structural equivalent approved by the Public Works Director or his designee that can meet the compaction standard below) shall be provided for the duration of the mining project.

b.

Road material shall be suitably compacted to meet LBR (load bearing ratio) 100 standards.

c.

The minimum gradable haul route width shall be twenty-four (24) feet.

(f)

Haul routes or haul route segments shall be paved if the anticipated project haul truck traffic from the proposed mine and approved mines sharing the same haul route segment(s) exceed an average of seven hundred fifty (750) truck trip ends per day. (Truck trip ends are one-directional. For example, one (1) truck entering the mine = one (1) trip end; the same truck leaving the mine = a second trip end.) Applicants may enter into a developer's agreement to equitably share or recoup paving costs.

1.

Paved haul routes shall meet the following specifications:

a.

Minimum pavement width shall be twenty-four (24) feet, unless reduced by the Public Works Director for haul route segments not used by the general public.

b.

Pavement thickness base and sub-base depths shall meet county thoroughfare and truck route specifications, including ESAL (equivalent single axle loads) and pavement strength coefficients.

(g)

The county's adopted level of service (LOS) for the project haul route and intersections significantly impacted by project truck traffic shall be evaluated using passenger car equivalents (PCEs) for anticipated haul truck traffic based on Institute of Transportation Engineers (ITE) standards for PCEs. (For example, a PCE of 2.3 passenger cars per haul truck would be used to evaluate the LOS for the project haul route and intersections impacted by the project.) Such evaluation shall use average daily haul truck traffic plus a fifteen (15) percent peaking factor. Where a haul route segment(s) is shared by more than one (1) mining operation, haul truck traffic from all the mining operations shall be used in the LOS evaluation.

(h)

To provide gaps in haul truck traffic on haul routes and prevent significant haul truck backups at haul route/major road intersections, the following truck frequency standards shall be satisfied:

1.

A mining operator shall limit the frequency of haul truck trips to and from his mining operation on two-lane roads to no more than one hundred twenty (120) trip ends per hour, with trips ends as defined in subsection (4)(f) above. This frequency standard may be exceeded for delivery of materials to special or large projects if the operator first obtains approval from the Public Works Director of a maintenance of traffic plan. Such plan shall include a coordinated hauling schedule if a shared haul route is used and method of maintaining acceptable traffic flow to provide "gaps" for nonproject traffic along the haul route. Said plan may also require additional improvements to or security for maintaining the haul route, and may require coordination with other mining operators.

2.

Along a two-lane haul route segment, cumulative haul truck trips shall not exceed two hundred forty (240) trip ends per hour, with trip ends as defined in subsection (4)(f) above.

3.

To aid the county in monitoring haul truck trip frequency, applicants shall provide haul truck log information to the Public Works Director or his designee, upon request.

(i)

Where one (1) or more haul route segments are shared by more than one (1) mining operation, the operators of the affected mines shall obtain public works approval of a haul route improvement and maintenance plan that addresses shared responsibilities and use of posted security in the event that one (1) or more parties fail to perform its fair-share maintenance.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 54, 12-4-91; Ord. No. 94-25, § 21, 8-31-94; Ord. No. 99-13, § 6, 5-5-99; Ord. No. 2007-012, § 1, 3-20-07; Ord. No. 2008-023, § 4, 12-19-08; Ord. No. 2012-012, § 1, 5-22-12)

(1)

Applicability. An initial county mining permit shall be required prior to commencement of land clearing, excavation, or hauling associated with any mining activity (as defined in Chapter 901) in the unincorporated county, except as exempted in section 934.04 of this chapter. In addition, a mining permit must be renewed annually to keep the mining operation active and in compliance with these mining regulations. The provisions of this section shall apply to the mining site plan and special exception use request.

(2)

Application procedures. Mining permit applications and requests for annual mining permit approval shall be submitted to the community development department, and shall be accompanied by an approved site plan unless an approved site plan is already on file with the department. The project site plan shall meet all applicable site plan, Chapter 934, and Chapter 971 requirements, including the following special requirements:

(a)

A project site plan, including:

1.

Plan view and cross-sections of mining area;

2.

Amount of fill to be removed;

3.

Timetable of mining activity;

4.

Method of mining;

5.

Hours of operation; and

6.

Safety/security plan for the site.

(b)

A restoration plan, including:

1.

A description of the eventual future use of the site;

2.

Final grades of the site;

3.

Littoral zone grading and planting plan in accordance with the littoral zone requirements of these mining regulations; and

4.

Groundcover treatment for the entire site, including permanent erosion control and stormwater management measures.

(3)

Conditions of the mining permit.

(a)

Generally, the maximum project-site development phase for excavation pit activities shall not exceed twenty (20) acres. During transition from one phase to the next, two (2) phases may be active concurrently if security is posted for both phases in accordance with these mining regulations. No portion of a pit (lake) shall be required to be fully restored in accordance with the project's restoration plan until excavation of the entire pit (lake) has ceased.

(b)

No mining excavation shall occur within one hundred fifty (150) feet of a projected right-of-way line of any existing or proposed public road, nor within one hundred fifty (150) feet of the outer perimeter of the project property. Where a mining operation consists only of the removal of a mound and does not consist of lowering the elevation of ground below the neighboring property, an exception of the one hundred fifty (150) feet setback may be permitted at the time of site plan approval. In addition, the applicant shall satisfy the following:

1.

A three-hundred-foot setback from adjacent occupied structures (structures existing as of the date of site plan application for the mining project) to mining pits, on-site haul roads, and material stockpile areas.

(c)

All mining sites that exceed ten (10) acres in area shall be subject to the provisions of section 934.05, water management standards. Projects creating waterbodies must also provide a safety/security plan for the mining operation phase, including, but not limited to, fences and/or berms, access, control, and other security methods.

(d)

If the project site is of a size that falls below St. Johns River Water Management District permitting thresholds and is located (in whole or part) on the Atlantic coastal sand ridge, no excavation governed by a mining permit shall result in an average elevation of less than twenty-five (25) feet mean sea level (MSL) for that portion of the project site located on the sand ridge. Mining project sites that are large enough to fall within Saint Johns River Water Management District (SJRWMD) permitting requirements shall conform to SJRWMD permitting requirements concerning depth of mining and all other applicable SJRWMD permitting requirements.

(e)

If the project site is adjacent to a residential district or to an agriculturally-zoned parcel of ten (10) acres or less, the perimeter of the site adjacent to such an area shall include a fifty-foot wide bufferyard and a type "A" buffer or its equivalent along said site boundary.

(f)

No crusher, mixing plant, bin, tank, or structure directly involved in the production process shall be located less than:

1.

Six hundred (600) feet to any adjacent property zoned residential, or

2.

Six hundred (600) feet or twenty-five (25) percent of the project site width, whichever is less, to any adjacent property not zoned residential. In no case shall the setback to property not zoned residential be less than two hundred fifty (250) feet.

(g)

No explosives or active chemical agents shall be used to extract or process materials on site.

(h)

The community development department shall issue a mining permit upon site plan and administrative permit approval, and a determination that all site plan release and applicable Chapter 934 requirements are satisfied for permit issuance.

(i)

Nothing herein shall be construed as a requirement that an operator of an existing sand mine shall cease operations until a mining site plan has been approved, provided a mining site plan has been previously approved and maintained.

(j)

Specific mining activity timeframes, from the date of initial mining permit issuance, are established based upon the estimated quantity of material to be removed. Excavation, hauling, or other mining activities occurring beyond these timeframes (along with any approved extension requests), are prohibited unless extended by the board of county commissioners as provided below:

Note: Owners/operators of mining operations approved prior to adoption of the fifteen (15) year and twenty (20) year time frames cited above may obtain a staff level approval to modify their mining operation time frames consistent with the time frames cited above, if the mining operation is in compliance with its county site plan approval, mining permit, and all jurisdictional agency permits related to the mining operation.

1.

These timeframes may be extended by the board of county commissioners upon an applicant's request made prior to the normal timeframe expiration. The board may grant an extension if it determines that the mining operation has been inactive for a period of time due to market conditions such as an economic recession. The board shall not extend the initial timeframe by a period of time greater than the determined period of inactivity.

(k)

The mining site shall be restored in accordance with the approved restoration plan. Within five (5) months of the end of the approved timeframe (including any extension), the operator shall submit to the county a written notice stating that the mine is inactive and has been restored. Such notice shall be accompanied by two (2) signed and sealed as-built surveys of the site demonstrating substantial conformance with the approved project restoration plan. Restoration work shall then be inspected for compliance with the approved project restoration plan by county staff within six (6) months of the end of the approved timeframe (including any extension) for the mining operation. None of the security posted with the county in accordance with these mining regulations shall be returned unless and until the requirements of this subsection (k) are satisfied.

(4)

Operating conditions of mining.

(a)

Mining operations located west of I-95 and not adjacent to a residential district or an agriculturally-zoned parcel of ten (10) acres or less, shall not be limited to specific hours of operation unless a determination is made by the planning and zoning commission concerning the need to limit hours of operation due to the anticipated impact of the mining operation on surrounding properties. If a project site or any portion of a project's primary haul route is located east of I-95, or if any portion of a project site is located adjacent to a residential zoning district or agriculturally-zoned parcel of ten (10) acres or less, then the mine shall be limited to operation between the hours of 7:00 a.m. to 6:00 p.m. on weekdays; hauling off-site shall not occur after 5:00 p.m. on any day. Operation other than 7:00 a.m. to 6:00 p.m. may be permitted by the board of county commissioners if the board determines that the impact of the mining operation on surrounding properties will not constitute a nuisance to the neighborhood, contrary to county noise and vibration control regulations.

(b)

The land surface shall be restored to a condition which is in complete compliance with the site plan for reclamation and rehabilitation of the area. The mining excavation pit shall not be located within one hundred fifty (150) feet of the projected right-of-way line of any existing or proposed public road nor within one hundred fifty (150) feet of the outer perimeter of the land area. Where a mining operation consists only of the removal of a mound and does not consist of lowering the elevation of ground below the neighboring property, an exception to the one-hundred-fifty-foot outer perimeter setback may be permitted at the time of the site plan approval. All slopes and banks shall be sloped at a ratio of not steeper than three (3) feet horizontal to one (1) foot vertical, graded, grassed and stabilized.

(c)

Permanent project site boundary corners and the one-hundred-fifty-foot project perimeter setback line shall be marked with intermediate stakes at a minimum interval of three hundred (300) feet, and maintained with visible flags in the field, in accordance with the approved project site plan.

(d)

Between August 1 and October 1 of each year, the operator holding a valid mining permit shall submit to the community development department the following:

• A written request to renew the annual mining permit,

• A written statement identifying the current operator and engineer of record,

• A calculation of the land area mined and reclaimed during the preceding year,

• A calculation of the land area expected to be mined,

• A calculation of the land area planned for reclamation during the coming year,

• Verification that all county and jurisdictional agency permits are valid and that the operation is in compliance with all conditions of site plan approval,

• The expiration dates for all jurisdictional agency permits

• A copy of all monitoring reports and monitoring data provided to jurisdictional agencies during the preceding year.

• A summary indicating the status of compliance with monitored thresholds and any instances of noncompliance during the preceding year, and

• An updated, dimensional site sketch of current conditions.

1.

No annual mining permit shall be renewed unless and unless the mining site is deemed to be in compliance with the approved project site plan. Failure to file the required annual progress report by October 1, or obtain renewal of the permit by November 1, shall be grounds for suspension of the mining operation; however, an extension of time for filing or obtaining the permit renewal may be granted by the community development director or his designee upon request and for reasonable cause.

(5)

Posted security.

(a)

Intent. Compliance and restoration security shall be posted to ensure that the site is developed, operated, and restored in conformance with the approved mining site plan and restoration plan. The compliance security may be forfeited as a penalty for violations as provided in section 934.08. The restoration security is to provide funds to guarantee that the site is restored in compliance with the approved restoration plan and may be forfeited as provided in section 934.09.

(b)

Amount. The compliance security shall be posted in the amount of one thousand dollars ($1,000.00) per acre of the project site area upon which mining activities are conducted and authorized via the mining permit. For purposes of the compliance security calculation, such areas shall include any cleared or stabilized area used or permitted to be used for access, staging, hauling, excavation, stockpiling, recharging, processing, parking, or storage. The minimum amount of the compliance security shall be ten thousand dollars ($10,000.00). The restoration security shall be posted in an amount equal to one hundred twenty-five (125) percent of the project engineer's itemized cost estimate to restore the site, approved by the Public Works Director or his designee. Said estimate shall be based on the cost to restore the mining activity site area in accordance with the approved restoration plan. The cost estimate and resulting required security amount shall be updated and revised every three (3) years during the life of the mining operation. The cost estimate must be approved by the Public Works Director or his designee. The minimum amount of the restoration security shall be ten thousand dollars ($10,000.00).

(c)

Form. The security shall be provided in a form consistent with the county's standards for subdivision improvements maintenance security as provided in [subsection] 913.10(2).

(d)

Phasing. When one (1) phase of twenty (20) acres or less is completed and in conformance with the approved site plan, the compliance security may be transferred to the next phase under the approved site plan. No more than two (2) phases may be mined concurrently; however, each phase shall be fully covered by posted security, as required by this chapter. Restoration security may be transferred to the next phase when restoration of the previous phase has been completed in accordance with the approved restoration plan.

(e)

Renewal. Within thirty (30) days preceding security expiration, a mining operator shall renew the posted security or provide new security, in a form and amount approved by the community development director and county attorney. In the event that timely security renewal does not occur, the county is authorized to have the security forfeited. This process shall be continued through the completion of the mining operation.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 95-10, § 21, 5-31-95; Ord. No. 96-6, § 21, 2-27-96; Ord. No. 2007-035, § 1, 10-23-07; Ord. No. 2008-023, § 5, 12-19-08; Ord. No. 2018-024, § 2, 11-20-18)

Any mining permit issued pursuant to this chapter shall be subject to the following provisions:

(1)

The applicant shall ensure that neither public nor private property will be damaged by the hauling of mined materials and that hazardous traffic conditions will not be created. All such applications shall identify an authorized fill hauling route. If private roads or easements are intended to be used, written permission shall be submitted from the person or persons owning said road or easement as part of the application materials. Load limits shall not be exceeded along the haul route;

(2)

Where deemed necessary by the county engineer, mats, culvert, ramps, or paved drives shall be placed at entrances and/or exists of haul sites in such positions that pavement edges, shoulders, curbs and sidewalks will be protected from damage;

(3)

If any of the hauling route is over county maintained, unpaved roads, the permittee must maintain that section of the hauling route during the hauling operation, and security for this purpose may be required, as determined by the county engineer. If security is required based upon number of trips on unpaved roads, the frequency of the trips, and the duration of the activity, said security shall be a minimum of five thousand dollars ($5,000.00) and shall not exceed ten thousand dollars ($10,000.00) per mile of unpaved roadway identified on the approved hauling route for the mine;

(a)

The Public Works Director or his designee is authorized to perform road maintenance on behalf of the mining owner/operator and have the road maintenance security forfeited if the mining owner/operator has failed to perform required road maintenance within three (3) working days of written notice. Forfeited security shall be used to fund the cost of road maintenance work performed. Upon forfeiture, mining operation hauling shall cease and shall not recommence until adequate road maintenance is performed and new road maintenance security is submitted. The unexpended balance of the security shall be returned to the mining owner/operator or applied to the newly posted security.

(4)

Where vehicles hauling excavated materials use public roads, such vehicles shall be covered in a manner to prevent fill spillage, to the satisfaction of the county engineer;

(5)

All hauling vehicles shall have the trucking company name (or truck owner's name if vehicle is privately owned) prominently displayed on the sides of the vehicle.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2007-035, § 1, 10-23-07; Ord. No. 2008-023, § 6, 12-19-08)

(1)

Enforcement and penalties for violations.

(a)

Generally. The county may impose but is not limited to the following types of penalties for violations of the approved project site plan, mining permit, and any conditions attached thereto:

• Stop work for all or a portion of the mining operation;

• Forfeiture of posted security;

• Termination of mining permit;

Penalties imposed shall be based upon the following:

• Timelines and adequacy of operator/owner response to take corrective action. Harsher penalties shall be imposed for low and/or inadequate operator/owner responses.

• Severity and degree of violation(s). Harsher penalties shall be imposed for violations that have broader and/or longer lasting negative impacts.

• Number of violations. Harsher penalties shall be imposed if numerous violations have occurred.

(b)

Violation and compliance process. Upon observing a potential violation, county staff shall contact the mining operator or owner, advise him/her of the potential violation and corrective action, and document the observation and contact with the operator or owner. If the operator or owner takes immediate and appropriate corrective action and county staff confirms compliance, then no further county compliance/enforcement action is needed. If, however, the operator or owner fails to take immediate and appropriate corrective action, then county staff shall issue a formal letter of violation, citing the violation along with evidence of the violation, prescribing corrective action, and providing a compliance date. If the operator or owner corrects the violation on or before the compliance date, then the violation shall be considered a "Formal Resolved Violation". If, however, the operator or owner fails to correct the violation on or before the compliance date, then the violation shall be considered a "Formal Unresolved Violation".

(c)

Progressive penalty process.

1.

If an operator or owner has a formal unresolved violation or five (5) or more Formal Resolved Violations within a one-year period, then county staff shall schedule a penalty determination hearing before the board of county commissioners. At least ten (10) days prior to the hearing, county staff shall provide written notice of the hearing to the mining operator, mine owner, and owners of immediately adjacent properties. At the hearing, county staff shall present evidence of the violation(s) along with an evaluation of the operator's or owner's responsiveness to take corrective action(s), the severity and degree of the violation(s), and the number of violations. The owner or operator shall be given an opportunity to rebut staff's evidence/evaluation and provide his own evidence/evaluation.

2.

Upon hearing the evidence, the Board of County Commissioners shall determine whether or not a penalty shall be imposed. For any given mining project, the Board of County Commissioners is authorized to impose forfeiture of the project's compliance security in an amount not to exceed twenty-five thousand dollars ($25,000.00) as a penalty.

3.

If, during the life of the project, a penalty determination hearing is held after the Board of County Commissioners has imposed a penalty against the project at a previous penalty determination hearing, then at the "second" hearing the Board of County Commissioners is authorized to impose forfeiture of the entire compliance security with no limit on the amount forfeited as a penalty.

4.

If, during the life of the project, a penalty determination hearing is held after the Board of County Commissioners has imposed a penalty against the project at each of two (2) previous penalty determination hearings, then at the "third" hearing the Board of County Commissioners is authorized to terminate the project mining permit, impose forfeiture of compliance security, and impose forfeiture of road maintenance and/or restoration security to cover costs of required maintenance or restoration.

5.

At any penalty determination hearing, the Board of County Commissioners is authorized to impose forfeiture of any project security posted for road maintenance to pay for road maintenance costs incurred by the county due to failure of the operator or owner to properly maintain the haul route.

(d)

Traffic law enforcement. If county staff finds reason to believe that haul truck drivers are violating traffic laws on the project haul route (e.g. speeding), then staff will contact the sheriff's office to request traffic law enforcement along the project haul route. Any traffic citation for a moving violation given to a haul truck driver on a project haul route shall constitute a Formal Resolved Violation against the project served by that haul truck driver. Notice of such Formal Resolved Violation shall be provided to the project operator and owner.

In the event that, at a penalty determination hearing, the Board of County Commissioners finds traffic law violations (moving violations) by haul truck drivers serving the project site, the Board of County Commissioners is authorized to assess the operator or owner the cost to the county to hire contract traffic law enforcement personnel to conduct special traffic law enforcement activities along the project haul route. That assessment shall be in addition to other penalties that it may impose.

(Ord. No. 2008-023, § 7, 12-19-08)

(1)

All permits shall expire one year from the date of issuance, except when otherwise authorized by a site plan or subdivision approval. A permit may be renewed by paying a renewal fee and filing an annual progress report demonstrating that the permit criteria have been met. The report must meet the specification of section 934.07(4)(d) of this chapter.

(2)

For all permitted projects, a record drawing by a surveyor or engineer registered in the State of Florida shall be provided to the community development department at the completion of the permitted project. The record drawing shall contain sufficient information to indicate that all of the requirements of this chapter have been satisfied, and shall include cross-sections of the excavation and a plan drawing which locates the extent of the excavation with dimensions to all property lines.

(3)

The permittee shall maintain a copy of the mining permit, approved site plan, approved stormwater management permit plans, and a copy of all jurisdictional agency permits on the permitted site during the entire permit period. Said permit shall be fully visible at a location accessible to county inspectors that is noted in the mining permit.

(4)

No permit shall be issued under this chapter if a violation of this chapter is existing on the subject property, nor shall any permits be issued to any person who is currently in violation of this chapter. This section is not intended to prohibit the issuance of a permit to correct any existing violation.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2008-023, § 8, 12-19-08)

The county recognizes that approved and permitted mining operations in existence prior to December 19, 2008, may continue as approved and permitted. Such mining operations, however, shall be subject to the following requirements of these mining regulations adopted December 9, 2008:

(1)

Annual mining permit requirements contained in subsection 934.07(4)(d).

(a)

Fees for annual mining permits established by resolution of the Board of County Commissioners, and

(b)

Security form requirements of subsection 934.07(5)(c) for any security substitutions.

(2)

Compliance and enforcement requirements of section 934.09.

(3)

Site restoration requirements of subsection 934.07(3)(k).

(Ord. No. 2008-023, § 9, 12-19-08)

(1)

The applicant for a mining permit shall be required to file fees in an amount established by resolution of the Board of County Commissioners.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2008-023, § 10, 12-19-08)