§ 19-5. Applicability.

(a)

Each of the following existing mining operations has filed an approved master mining plan. The approved master mining plans are hereby acknowledged and approved with the adoption of this chapter.

Existing Mining	Approved Master Plan Date
W. Clyde Daniel Construction, Inc.	December 21, 1984
E.R. Jahna Industries, Inc.	April 2, 1993
Florida Crushed Stone	June 11, 1993
Florida Rock Industries, Inc.	June 25, 1993
Oman Construction Company	April 2, 1993
Southdown	June 11, 1993
Vulcan/ICA	June 11, 1993
Cal Wilson Tractor Service, Inc.	May 8, 1990

 

(b)

In the event of a conflict or inconsistency between the authorization, terms or conditions of the approved master mining plan and the provisions or standards of this chapter, the approved master mining plan shall prevail.

(c)

After the effective date of this chapter, the existing mining operations listed above may continue to operate under their approved master mining plans. However, these existing mining operations shall be required to obtain from the county the master mining plan approvals (MAMPA) and mining operation plan approvals (MOPA), as provided for herein. The county shall approve and issue the appropriate master mining plan approvals (MAMPA) and mining operation plan approvals (MOPA) for each of the existing mining operations listed, provided the applications for the MAMPA and MOPA are consistent with the approved master mining plan. Such approvals shall be granted by the county to enable each existing mining operation to complete the mining authorized in the approved master mining plan. The board of county commissioners shall establish a schedule for processing the existing mining operators' applications for master mining approval (MAMPA) and mining operation plan approval (MOPA).

(d)

Except for the listed existing mining operations, all other mining operations shall comply with all provisions of this chapter prior to the commencement of mining. More specifically, all new mining operations shall obtain a master mining plan approval (MAMPA) and mining operation plan approval (MOPA) prior to the commencement of mining.

(e)

Issuance, modification and renewal of mining approvals shall be in accordance with the provisions of this chapter.

(f)

Areas mined in accordance with the 1978 mining ordinance shall comply with the standards and post security in accordance with that ordinance. All such claims shall be made a part of the approved master mining plan.

(g)

The approved master mining plan for each existing mining operation shall supersede all prior approvals under the prior mining ordinances from the county. Upon approval of an approved master mining plan, all approvals under the prior mining ordinances shall terminate and shall have no legal force or effect.

(h)

Notwithstanding any provisions herein to the contrary, in the event an existing mining operation or county overlooks or omits a term or condition of its approval under the 1978 ordinance, upon a demonstration that it has in good faith overlooked or omitted a term or condition, the board may modify the approved master mining plan.

(Ord. No. 93-13, § A-5, 6-29-93)