§ 19-31. Master mining plan approval (MAMPA).

(a)

Application. An application for a master mining plan approval (MAMPA) shall comply with the following procedure:

(1)

A written application for a master mining plan approval (MAMPA) shall be submitted on an application form approved by the board of county commissioners. The application form shall include the following required information:

a.

A legal description of the proposed mining area;

b.

The name, address and phone number of the owner of the land for which application is being made, along with evidence of ownership and written consent of the owner; and all mortgagees to the application for master mining plan approval (MAMPA);

c.

The name, address and phone number of the person, firm or corporation that will be the mine operator and the designated representative;

d.

A statement from the applicant regarding the applicability of the development of regional impact (DRI) process;

e.

A recent scaled aerial photograph of the property showing the boundary of the proposed area;

f.

A proposed master mining plan at an appropriate scale (drawing size may not exceed thirty-six (36) inches by forty-eight (48) inches) depicting the following:

1.

Existing land use map showing property lines and land owned or controlled, using bearings and distances if available; and the following items 2. through 6.;

2.

North arrow, date, plan number by set, and scale;

3.

Existing natural and manmade features, including streets, utility lines wetlands, and watercourses;

4.

Location of any right-of-way lines, easements and points of egress and ingress from the property;

5.

Topographic contours from available mapping;

6.

Approximate mapping of existing vegetative communities prepared by a qualified professional, consistent with the Florida Land Use Cover Classification System;

7.

Conceptual mining plan using the same scale and size of the existing land use plan showing the following items 8. through 14.;

8.

Approximate size, shape and location of proposed mining operation features, including excavation areas, ponds, processing facilities and proposed haul routes for excavated rock;

9.

Proposed schedules for excavation (where hardrock and softrock mining are both proposed, separate schedules shall be given);

10.

Type of mining (softrock, hardrock, sand, etc.) and estimated depth of excavation in each area;

11.

General areas where blasting or use of explosives may be conducted in conjunction with mining operations;

12.

The location of existing residential structures within five hundred (500) feet of the proposed mining areas;

13.

The existing zoning classification of properties within five hundred (500) feet of the property boundary;

14.

A conceptual reclamation plan using the same scale and size of the previously required drawing which includes post mining topography with ten-foot contours and compliance with the intent of section 19-72 of this chapter.

g.

A preliminary environmental assessment, prepared by a qualified professional, addressing the following:

1.

A pedestrian survey of wildlife, including federal, state and locally listed endangered and threatened species and species of special concern;

2.

A preliminary assessment of water quality relating to impacts of the proposed mining activities on surface and ground water;

3.

A preliminary assessment of air quality relating to impacts of the proposed mining on air quality, including methods for mitigating negative impacts.

h.

A list of other permits required for the operation of the mine and a copy of those permits already held by the mining operator;

i.

A list of property owners within one hundred fifty (150) feet of the property boundaries, along with their property appraiser key numbers and addresses;

j.

The department may specifically request such reasonable additional information as may be necessary to evaluate the impacts of the proposed mining to ensure that the impacts are consistent with this chapter. The board of county commissioner shall be informed of such request for additional information at a regularly scheduled meeting. If the applicant desires to dispute the necessity for the information requested, the applicant may do so at that time.

(2)

The application may be accompanied by a proposed mining operation plan which covers the first phase of the mining operation. The mining operation plan must meet the requirements of section 19-32 of this chapter.

(3)

A signed agreement must be submitted that provides the county with the right of ingress and egress to the mining property at any time, provided that reasonable notice is given to the operator, the access is escorted and other proper check-in procedures are followed.

(4)

Each application shall be accompanied by the required review fee established by the board of county commissioners, in a separate resolution adopted simultaneous with the adoption of this chapter.

(b)

Review.

(1)

Within thirty (30) days of the receipt of the completed application and supplemental information, the department shall determine if the application is sufficient and inform the applicant in writing of any insufficiencies. The applicant shall then have ninety (90) days to provide the information requested by the department in their sufficiency review or the application shall be considered withdrawn. At any time during the sufficiency process, the applicant has the option of directing the department in writing to proceed with the review of the application as submitted. The department shall provide a staff report to the board of county commissioners within forty-five (45) days after determination of application, sufficiency or documentation to proceed from the applicant.

(2)

In addition to the review of the master mining plan application, the department will review the adequacy of proposed ingress/egress routes, analyze concurrency consistent with county ordinance and determine the need for any county road upgrade necessary prior to issuance of the mining operation plan approval (MOPA).

(3)

The board of county commissioners shall hold a public hearing on the mining application for a master mining plan approval (MAMPA) within sixty (60) days of the determination of application sufficiency or direction to proceed from the applicant. The public hearing shall be announced with proper, timely and legal notice.

(c)

Issuance.

(1)

The master mining plan approval (MAMPA) shall only be issued if the application conforms with the provisions of this chapter, all other applicable county ordinances, the county comprehensive plan, and applicable state and federal regulatory standards.

(2)

The master mining plan approval (MAMPA) shall contain such terms and conditions appropriate and necessary to protect the health, safety and welfare of the citizens of the county. Such terms and conditions may include, but not be limited to, provisions to:

a.

Ensure compliance with all current and prior permit conditions.

b.

Protect existing or approved neighboring dwellings, schools, churches, hospitals, cemeteries, commercial or industrial buildings, public roads, recreation areas or other public property from any physical hazards associated with the mining operation.

c.

Ensure compliance with this chapter, the adopted comprehensive plan and all other federal, state and local laws.

(3)

If the application for a master mining plan approval (MAMPA) fails to conform to this chapter, all other applicable county ordinances, the county comprehensive plan and applicable state and federal regulatory standards, an approval shall not be issued. Written notice shall be delivered to the applicant stating the reasons for the denial. If the county denies an application, it shall notify the applicant in writing stating the reasons for its denial. The applicant may thereupon modify and refile his application with the county or seek judicial remedy.

(4)

A master mining plan approval (MAMPA) by the board of county commissioners may vary in time appropriate to the mining operation, but shall not exceed twenty-five (25) years, including required reclamation. Areas not to be mined during a twenty-five-year mining master plan may be shown as future reserves.

(d)

Modification or renewal. The following provisions are applicable to the modification or renewal of a mining master plan approval:

(1)

Any operator engaged in mining under a master mining plan approval (MAMPA) granted pursuant to this chapter may apply at any time for a modification of the master mining plan (MAMPA) prior to its expiration. The standards and procedures applicable to the issuance of a new master mining plan approval (MAMPA) shall apply to the modification of that approval.

(2)

Any operator engaged in mining under a master mining plan approval (MAMPA) granted pursuant to this chapter may apply for a renewal. The standards and procedures applicable to the issuance of a new master mining plan approval shall apply to the renewal of that approval.

(3)

An application for modification shall be in writing upon forms furnished by the county. The department may specifically request such reasonable additional information as may be necessary to evaluate the impacts of the proposed mining to ensure that the impacts are consistent with this chapter. The board of county commissioners shall be informed of such request for additional information at a regularly scheduled meeting. If the applicant desires to dispute the necessity for the information requested, the applicant may do so at that time. However, it shall not be necessary to resubmit information which has not changed since the time of prior application or the subsequent mining operation plan approvals, where the applicant files a sworn affidavit stating that such information has not changed.

(4)

A master mining plan approval (MAMPA) may be modified to include land contiguous to approved areas for which a valid master mining plan approval is held. A separate master mining plan approval shall be required for each operation which is on land not contiguous to land on which exists an operation for which a valid and current master mining plan approval is held by the operator.

(5)

Any modification or renewal of a master mining plan approval (MAMPA) must be consistent with the requirements and standards of this chapter, and with all unmodified provisions of the original approval.

(6)

No modification shall extend the expiration date of the current master mining plan approval (MAMPA) issued under this chapter.

(7)

No modification or renewal shall become effective until any changes required have been made in the security posted pursuant to this chapter.

(8)

In lieu of a modification, an operator may apply for a new master mining plan approval (MAMPA), in accordance with the procedures of this chapter.

(9)

If all or partial interests and rights of an operation are transferred, the new operator must provide the county with the appropriate revisions required in the master mining plan approval (MAMPA).

(Ord. No. 93-13, § B-1, 6-29-93)