§ 19-32. Mining operation plan approval (MOPA).

(a)

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

(1)

A written application for a mining operation plan approval shall be submitted on an application form approved by the board of county commissioners. The application form shall indicate the required information, which shall include the following:

a.

A general description of the proposed area to be mined, including any reclamation areas;

b.

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

c.

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

d.

A proposed mining operation plan (on one or more sheets at the same scale and size) depicting the following information:

1.

North arrow, date and scale;

2.

Property lines and ownership, using bearings and distances where available;

3.

Existing natural and manmade features, including streets, utility lines, and other physical features;

4.

Location of any right-of-way lines and easement lines;

5.

Actual size, shape and location of proposed mining operation features, including excavation areas, ponds, processing facilities and haul routes;

6.

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

7.

Type of mining (softrock, hardrock, sand, etc.);

8.

Existing and proposed (prior to reclamation) contour lines in areas of planned excavation during the next five (5) years, including any required berms;

9.

Areas where blasting or use of explosives will be conducted in conjunction with mining operations;

10.

Mapping of jurisdictional wetlands, vegetative and wildlife information for areas proposed for disturbance during the next five (5) years, as determined in the environmental assessment required below;

11.

The location of existing residential structures within five hundred (500) feet of any areas proposed for blasting;

12.

Other required information necessary to show compliance with the requirements in article III of this chapter;

e.

An environmental assessment prepared by a qualified professional shall be provided for those areas proposed for initial disturbance.

1.

Identification and a plan for protecting any listed historical or archaeological sites in the areas proposed for disturbance;

2.

An updated pedestrian survey of wildlife, covering areas proposed for disturbance. If protected species are found or expected to occur in the disturbed areas, detailed wildlife surveys conducted in accordance with Florida Game and Freshwater Commission standards shall be provided. Any permits required by regulatory agencies must be secured prior to the disturbance of the affected area, and submitted to the county;

3.

An updated pedestrian survey of vegetation, covering areas proposed for disturbance. If jurisdictional wetlands are found in the disturbed areas, applicable permits from the regulatory agencies shall be secured prior to disturbance of the affected area;

4.

A plan addressing vegetation listed in the Endangered and Potentially Endangered Fauna and Flora in Florida, published by the Florida Game and Freshwater Fish Commission;

f.

Copies of all permits issued by other regulatory agencies relating to the operation of the mine;

g.

Copies of applications and reports if available provided to state and federal regulatory agencies concerning water quality, air quality and water quantity;

h.

A list of property owners within one hundred fifty (150) feet of areas to be mined during the proposed mining operation plan;

i.

The operator shall indicate if the operation will require blasting. If use of explosives is planned, the application shall include copies of the blaster and user permits required by federal, state, or local jurisdictions;

j.

A report on the mining operator's exploration and intended use of new technology to reduce adverse human response to mining;

k.

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.

(2)

The application shall also be accompanied with a reclamation plan, prepared consistent with article IV of this chapter and the master mining plan approval (MAMPA).

(3)

The application shall be accompanied by the required review fee established by the board of county commissioners, by resolution.

(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. Within forty-five (45) days of the determination of application sufficiency or direction to proceed from the applicant, the department shall determine if the application is consistent with the master mining plan approval (MAMPA) and the requirements of this chapter.

(2)

If the department determines that the application for a mining operation plan approval (MOPA) is generally consistent with the master mining plan approval (MAMPA) and conforms with the provisions of this chapter, all other applicable county ordinances, the county comprehensive plan and applicable state and federal regulatory standards, the department shall post notice of its determination and prepare a proposed mining operation plan approval (MOPA). If the department determines that the application for a mining operation plan approval (MOPA) is not generally consistent with the master mining plan approval (MAMPA) or does not conform with the other provisions of this chapter, as set out above, the department shall post notice of such determination and prepare a written notice stating the specific reasons for its determination.

(3)

Within seven (7) days of either determination, the department shall send a notice of its determination to the board; the applicant or any affected person may provide written recommendations, comments or objections to the department's determination.

(4)

Within thirty (30) days of the posting of the notice or receipt of the notice, any applicant or affected person may provide written recommendations, comments or objections to the department's determination or proposed mining operation plan approval (MOPA). The department shall review and consider said written recommendations, comments or objections and, based on the requirements of this chapter, shall either approve or deny the pending application for mining operation plan approval (MOPA).

(c)

Issuance.

(1)

If the department approves the application for mining operation plan approval (MOPA), the department shall notify in writing the applicant and any citizen who provided written recommendations, comments or objections.

(2)

If the department denies the application for mining operation plan approval (MOPA), the department shall notify the applicant in writing stating the reasons for its denial and any modifications in the application that would make it acceptable. If the applicant agrees to the department's modifications, the applicant shall so advise the department and the department shall approve the pending application as modified.

(3)

The term of the mining operation plan approval (MOPA) may vary in time length but should be for a period of approximately five (5) years.

(4)

General conditions:

a.

Any mining operation plan approval (MOPA) issued shall be expressly conditioned upon compliance with all requirements of the approved reclamation plan for the operation and with such further reasonable and appropriate requirements and safeguards as may be deemed necessary by the county to assure that the operation will comply fully with the requirements and objectives of this chapter.

b.

The mining operation plan approval shall not be issued prior to receipt of evidence of security. No activity related to the mining operation may occur until the mining operation plan approval is issued.

c.

Upon receiving a mining operation plan approval (MOPA), mining operators must post the outer perimeter of the permitted area with no trespassing signs and any other signs required by federal or state regulatory agencies. The spacing of the signs should be no greater than six hundred (600) feet apart.

d.

If there are historically or archaeologically significant sites indexed at the local, state or federal level in the area approved for disturbance, an assessment will be required prior to disturbance of that area. The assessment will be reviewed and if indicated, the mining operator shall mitigate or excavate the site. If, during mining at the site, the operator discovers a historical or archaeological site, mining shall terminate immediately and the county notified of such findings. The operator will be required to obtain an assessment for review by the county if the site is considered significant, and the operator must mitigate or excavate the site prior to resuming mining.

(d)

Appeal.

(1)

The applicant or any substantially affected citizen of the county may appeal the department's determination or mining operation plan approval (MOPA) to the board by filing a written petition with the board within thirty (30) days of receipt of notice of the department's action. Said petition shall set forth the basis for such appeal.

(2)

Any such appeal shall be based solely on the information provided to the department.

(3)

The board shall hold a public hearing on the appeal within sixty (60) days of receipt of the petition. The public hearing shall be held pursuant to proper, timely and legal notice. The board shall render its decision within thirty (30) days after the public hearing.

(4)

The sole issue before the board is whether the department's actions have been consistent with the requirements of this chapter. If the board determines that the department has acted consistent with the requirements of this chapter, the board shall uphold and confirm the department's actions. If the board determines that the department has acted inconsistent with the requirements of this chapter, the board shall remand the application to the department with specific instructions as to what actions are necessary to conform to the requirements of this chapter.

(e)

Modification. The following provisions are applicable to the modification of a mining operation plan approval (MOPA):

(1)

Application. Any operator engaged in mining under a mining operation plan approval granted pursuant to this chapter may apply at any time for a modification of the operation plan prior to its expiration. 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, where the applicant files a sworn affidavit stating that such information has not changed.

(2)

Issuance. The department may approve a proposed modification of the mining operation plan approval where it does not result in mining or blasting closer to property boundaries and is not otherwise considered by the department to be substantial in nature. If the department determines that the proposed modification is substantial or is not in conformance with this chapter, the standards and procedures applicable to the application of a new mining operation plan approval shall apply.

(3)

Conditions.

a.

Any modification of a mining operation plan approval (MOPA) must be made consistent with the requirements and standards of this chapter, and with all unmodified provisions of the original approval.

b.

No modifications shall become effective until required changes are made in the security posted according to this chapter.

(4)

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

(Ord. No. 93-13, § B-2, 6-29-93)