Provisions of this article apply to all new ponds and borrow pits located within the unincorporated area of Nassau County. Ponds and borrow pits constructed prior to this ordinance [article] are not subject to these provisions. However, any expansion or change to an existing pond or borrow pit shall be subject to these standards. Size, as specified in this article, refers to the land area at the top of bank at the largest point during the excavation.

(Ord. No. 2012-10, § 3, 4-30-12)

The following activities are exempt from the requirements of this article:

(a)

Bona fide agricultural activities on property classified as agricultural land by the county property appraiser's office according to F.S. § 193.461(3)(a), or exempt agricultural activities per Rule 40C-44.051, F.A.C.;

(b)

Maintenance dredging or repair of canals, lakes, rivers, and stormwater management facilities, provided permit requirements from other local, state, and federal agencies are met;

(c)

Work included in a duly approved residential subdivision or non-residential construction project;

(d)

Swimming pool construction, provided that a building permit has been issued for construction of the swimming pool.

(e)

Sites where contamination investigation and remediation are being conducted under the direction of the Department of Environmental Protection or the United States Environmental Protection Agency, provided that there will be no permanent change in the final grade of the land surface upon completion of the project. Such activities include, but are not necessarily limited to, contaminated soil removal.

(f)

Minor excavations normally and customarily associated with owner-occupied, single-family residences, where no material leaves the property and the excavation is performed without heavy equipment.

(Ord. No. 2012-10, § 3, 4-30-12)

(1)

The owner/applicant shall submit a scaled site plan or sketch to the engineering services department illustrating the following: Parcel boundaries, easements, buildings, septic systems, wetlands, and the proposed pond. The engineering services department shall review the application within ten (10) working days of submittal and issue a letter confirming that the application conforms to this article.

(2)

The following standards shall apply to ponds:

a.

Twenty-five (25) foot setbacks shall be observed from parcel boundaries, septic systems, and wetlands;

b.

Four (4) feet horizontal to one (1) foot vertical (4:1) slopes shall be observed to a depth of two (2) feet below mean low water line;

c.

Maximum depth shall be twelve (12) feet below the seasonal high groundwater table elevation; and

d.

Lot upon which the proposed pond will be located shall be a minimum of one (1) acre in size (uplands).

(3)

The aggregation requirements of section 38.04(4) shall apply to the excavation of any pond.

(4)

Duration of county approval. County approval to excavate a pond shall expire sixty (60) days from the approval date. The expiration date may be extended for thirty (30) days upon submission of a written extension request from the operator to the engineering services department. Upon expiration of the county approval, the operator may re-apply in accordance with this article.

(Ord. No. 2012-10, § 3, 4-30-12)

(1)

The owner/applicant shall submit a site plan signed and sealed by a professional engineer registered in the State of Florida to the engineering services department illustrating the standards established in subsection (6). The engineering services department shall review the application within five (5) working days of submittal and issue a letter confirming that the application conforms to this article.

(2)

The owner/applicant shall obtain permits from the SJRWMD for projects which exceed thresholds for management and storage of surface waters and consumptive use. The owner/applicant shall be responsible for determining requirements of the SJRWMD. The applicant shall provide the engineering services department with SJRWMD permits necessary to operate the borrow pit or, if the SJRWMD determines no permit is required for the construction and operation of the borrow pit, written verification from the SJRWMD exempting the borrow pit from the SJRWMD's permitting requirements.

(3)

Where the SJRWMD determines that no permit is required for the construction and operation of the borrow pit, the borrow pit shall be no closer than one hundred (100) feet setback from any property boundary.

(4)

Borrow pits shall not be closer than seventy-five (75) feet to any part of a septic tank system.

(5)

Any two (2) or more excavations, located upon lands under common ownership, within six hundred sixty (660) feet of each other shall be aggregated and regulated as if a single excavation.

(6)

Application requirements for borrow pits. An application for a borrow pit shall contain the following documentation:

a.

Erosion and sediment control measures if required by the SJRWMD;

b.

Plans for any dewatering activities if required by the SJRWMD;

c.

Access to the project (Note: Owner to provide access to the appropriate county personnel for the purpose of inspection during normal working hours and at reasonable times when work is in progress);

d.

Fence detail. If side slopes are less than four (4) feet horizontal to one (l) foot vertical (4:1) down to two (2) feet below mean low water level;

e.

Location and setbacks to: Property lines, structures, septic tanks, wetlands, right-of-way, easements, and existing bodies of water;

f.

Documentation of the seasonal high groundwater level (soil bore to determine lithology) if excavation will be deeper than twelve (12) feet below the seasonal high groundwater table elevation as referenced in Rule 40C-42.026, F.A.C.;

g.

Any access/haul roads that abut a public or private paved road shall provide for edge of pavement stabilization with, a minimum depth of six (6) inches, which stabilization may consist of compacted crushed crete, limerock, slag rock, or asphalt millings, to protect pavement edge; and

h.

Access points abutting a public or private road shall be at least twelve (12) feet wide.

(7)

Hours of operation. Borrow pits may operate from 7:00 a.m. to 6:00 p.m., Monday through Saturday.

(8)

Duration of county approval. County approval to operate a borrow pit shall expire on the expiration date of the environmental resource permit (ERP) issued by the SJRWMD. If the operator obtains an extension of the ERP by the SJRWMD, the operator shall provide the engineering services department with a copy of the ERP extension approval from the SJRWMD. The engineering services department shall extend county approval to operate the borrow pit to that expiration date established by the ERP.

(Ord. No. 2012-10, § 3, 4-30-12)

For the duration of the authorized work, a maintenance bond, equal to ten cents ($0.10) per cubic yard of material removed, shall be required by the public works director for any pond or borrow pit where the excavation is accessed from a road or street dedicated as part of a subdivision platted pursuant to F.S. ch. 177.

(Ord. No. 2012-10, § 3, 4-30-12)

(1)

Unless exempted as provided in this article, all ponds and borrow pits in unincorporated Nassau County shall conform to the procedures and standards established in this article. It shall be unlawful to operate or construct a pond or borrow pit without approval as established in this article.

(2)

The engineering services department shall issue written approval to the applicant prior to commencement of the activities. Said approval must be in effect at all times during the construction of the pond or operation of the borrow pit.

(3)

Code enforcement shall investigate alleged violations in accordance with county regulations. Code enforcement shall have the authority to temporarily stop work pending adjudication.

(4)

Revocation. Authorization under this article shall be revocable at any stage of the work contemplated herein upon the following grounds:

a.

Approval was granted upon gross misrepresentation by the applicant;

b.

The work violates any ordinance of the county;

c.

The work is not being performed in accordance with the provisions of this article; or

d.

The work is not being performed in accordance with the terms of any permit or development order.

(5)

The county may avail itself of any other legal or equitable remedy available to it, including, without limitation, injunctive relief or revocation of any approval involved. Any person violating this article shall be liable for all costs incurred by the county in connection with enforcing this chapter, including, without limitation, attorneys' fees, and temporary safety measures put in place, or caused to be put in place by the county.

(Ord. No. 2012-10, § 3, 4-30-12)

One (1) year after the adoption of this article, the growth management department and the engineering services department shall perform an audit of ponds and borrow pits constructed or operated pursuant to this article. The audit shall evaluate the efficacy of this article in the regulation of ponds and borrow pits and shall include an evaluation of enforcement efforts against unauthorized excavations.

(Ord. No. 2012-10, § 3, 4-30-12)