Provisions of this article apply to all mines located within the unincorporated area of Nassau County. Mines constructed prior to this ordinance [article] are not subject to these provisions. However, any expansion or change to an existing mine 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, § 4, 4-30-12)

(1)

In addition to the conditional use application criteria, the following standards shall apply:

a.

No permit shall be issued for activities within, or within twenty-five (25) feet of jurisdictional wetlands as defined by chapter 62, F.A.C., unless a permit has been issued by the Florida Department of Environmental Protection (DEP) authorizing the proposed activities;

b.

A minimum twenty-five (25) foot setback shall be observed as measured from property lines, roadway easement, or wetlands to top of bank;

c.

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

d.

Provision shall be made for suitable area for staging of heavy equipment and stockpiling of excavated material. Use of public or private rights-of-way to stage vehicles, equipment or materials shall be prohibited.

e.

The owner/applicant shall obtain all permits from the PEP and SJRWMD for the construction and operation of a mine including, but not limited to, permits required for management of surface waters, consumptive water use and reclamation; and

f.

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.

(2)

An industrial future land use and "IH" zoning shall be required for mining operations. In addition, mining operations shall comply with chapter 17 of the Code.

(3)

Any terms and conditions incorporated in the final order of the conditional use and variance board or the board of county commissioners shall be binding on the excavator, contractor, owner, applicant, successor, and assigns.

(4)

Application requirements for mining operations: An application for a mine shall satisfy the requirements of section 41.02(1) and chapter 17. In addition, an application for a mine shall contain, at a minimum, the following documentation:

a.

Existing and proposed contours at proposed maximum excavation level and proposed finished level;

b.

Typical cross-section;

c.

Existing and proposed surface water drainage patterns;

d.

Plans and sections are to be signed and sealed by a professional engineer registered in the State of Florida;

e.

As-builts, submitted by registered land surveyor duly licensed in the State of Florida, to be provided when excavation is completed;

f.

If it is determined that the mining operation may be detrimental to public riqhts-of-way or private roads serving multiple property owners, a maintenance bond shall be required at the request of the public works director; and

g.

Reclamation plan of land according to chapter 17.

(Ord. No. 2012-10, § 4, 4-30-12)

(1)

Unless exempted as provided in this article, all mining operations in unincorporated Nassau County shall conform to the procedures and standards established in this article. It shall be unlawful to operate or construct a mine without approval as established in this article.

(2)

An application for a mining operation shall be submitted to the planning department and shall contain the information set forth in this article. The planning department shall distribute copies of the application for internal review, by applicable county departments as required by this article.

(3)

The planning department shall review the application, recommendations and comments from the reviewing county departments, the results of field review, and make a recommendation to the planning and zoning board (PZB) as to compliance with the provisions of this article.

(4)

The PZB will conduct a public hearing. The PZB may attach reasonable; conditions which become binding on the conduct of the operation. Appeals of the PZB decision are provided in section 5.06 of Nassau County Land Development Code.

(5)

The planning department shall issue a permit prior to commencement of the activities. The permit shall include conditional use application requirements, if applicable. Said permit must be in effect at all times during operation of the mine.

(6)

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

(7)

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 done in accordance with the terms of any permit or development order.

(8)

The county may avail itself of any other legal or equitable remedy available to it including, without limitation, injunctive relief or revocation of any permit involved. Any person violating this chapter 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, § 4, 4-30-12; Ord. No. 2024-019, § 10, 11-11-24)

A maintenance bond may be required if the public works director determines that the construction or operation of a mine will be detrimental to county rights-of-way.

(Ord. No. 2012-10, § 4, 4-30-12)