§ 50-719. Mining and excavation of minerals, resources, or natural resources, and site reclamation.

I.

Special exception approval and excavation and fill permits required; vesting; exceptions.

(a)

Special exception and excavation and fill permit. Mining activities or mining operations are divided into two categories: (a) major mining, excavation and fill activities or operations (also referred to as major mining operations), and (b) minor excavation and fill activities or operations. Major mining operations shall require the approval of a special exception application in accordance with the provisions of this section and all applicable sections in division 5, article XIII, of this chapter 50, prior to commencement of any such operations. Major mining operations and minor excavation and fill activities or operations shall also require the issuance of an excavation and fill permit in accordance with the provisions of this section prior to commencement of any such activities or operations.

(b)

Vested or approved existing mining operations. A mining operation shall be considered a vested or approved existing mining operation and shall not be required to obtain a special exception approval or an excavation and fill permit prior to commencement of or continuing operations, provided that such mining operation meets the definition of an active mine, it has previously obtained county approval via the special exception process, and documents are provided showing that all required state permits were obtained and maintained in a valid status after county approval of the special exception, or if no state permits or approvals were required at the time of county approval of the special exception, documents are provided showing written affirmation of the permit exemption from the Florida Department of Environmental Protection or the applicable Water Management District of the State of Florida, and any other applicable permitting agency. Any vested or approved existing mining operation shall be limited to:

(1)

The parcel identified in the aforementioned special exception, permit or exemption letter;

(2)

The property that was approved by the previous special exception review process is in compliance with the approved site plan and conditions of the special exception, if any; and

(3)

No expansion of any major mining operation shall be permitted without first obtaining special exception approval and issuance of an excavation and fill permit in accordance with the provisions of this section.

(c)

Exemptions. Any exemption contained herein shall not exempt any activity from any requirements to obtain all necessary state or federal permits or approvals for such activity and shall not exempt any such excavation or fill activity from meeting the hauling requirements contained in subsection III.(c)(1) hereof. The following activities shall not require a special exception approval or excavation and fill permit prior to commencement or continuance of such activity:

(1)

Incidental excavation conducted pursuant to a valid building permit issued by the Levy County Building Department or other valid development order approved and issued by the applicable county department or county board or commission;

(2)

Construction of state, federal, or local public works within the limits of public property;

(3)

Bonafide agriculture, silviculture, plant and tree nursery operations when the fill and/or excavation activities are incidental to typical industry operations;

(4)

Earth moving in conjunction with the installation of a utility, wherein the excavation is to be backfilled;

(5)

Earth moving pursuant to a valid permit issued by the applicable Water Management District of the State of Florida for construction site preparation and development of storm water management systems;

(6)

Excavation and fill placed pursuant to a valid permit issued by the State of Florida Department of Health after a development approval has been issued by the Levy County Development or Building Department;

(7)

Emergency activities necessary to protect lives and property; or

(8)

Graves in approved cemeteries.

II.

Special exceptions for major mining operations; criteria, standards and conditions.

(a)

Special exception approval required. Major mining operations not otherwise vested or excepted herein shall require the approval of a special exception application in accordance with the provisions of this section and all applicable sections in division 5, article XIII, of this chapter 50, prior to commencement of such operations. Any major mining operations shall also require the issuance of an excavation and fill permit prior to the commencement of such operations. Some of the major mining operations that will require a special exception approval include, but will not be limited to the following list, which is provided by way of illustration and not limitation:

(1)

Mining or excavation activities or operations;

(2)

Borrow pits and similar activities;

(3)

Mineral, resource, or natural resource extraction;

(4)

Quarries and processing sites;

(5)

Fill operations, including storage or stock piling of minerals, resources, natural resources or materials.

(b)

Exemptions from special exception requirement but not excavation and fill permit requirement. The activities listed in this subsection II.(b) shall be exempt from the requirement for a special exception approval pursuant to this section prior to commencement or continuance of such activity. The listed activities will not be exempt from the requirement for issuance of an excavation and fill permit prior to commencement or continuance of such activity. The activities which are exempt from the special exception requirement but not the excavation and fill permit requirement are as follows:

(1)

Land alteration and excavation activities that:

a.

Do not exceed 1,000 cubic yards of fill removed from or placed on a tract or parcel of 20 acres or less; or do not exceed 10,000 cubic yards of fill removed from or placed on a tract or parcel greater than 20 acres;

b.

Do not impede or divert the flow of surface water entering or leaving the parcel in a manner that adversely impacts offsite property;

c.

Do not occur in environmentally sensitive lands such as but not limited to: wetlands, estuaries, streamside management zones, riverine areas, coastal high hazard areas or pristine habitat; and

d.

Constitute site preparation for future construction projects or a re-grading of a lot or parcel of land to accomplish a suitable topography for construction or aesthetic purposes, provided that the proposed finished grade will be compatible with the adjacent properties, with pre-existing drainage patterns, and shall not cause offsite impacts of storm water run-off.

(2)

Excavation resulting from the creation of a pond:

a.

Not to exceed one-half acre in size, or 35 percent of the area of a lot or parcel, whichever is more restrictive, on a single family parcel of less than ten acres; or

b.

Not to exceed one acre in size on a single family, agricultural or forestry parcel not less than ten acres.

(c)

Minimum criteria, standards and conditions. When reviewing an application for special exception for a major mining operation, the planning commission shall not recommend approval of such application unless the application meets all of the applicable criteria, standards, conditions and requirements contained in all applicable sections in division 5, article XIII, of this chapter 50, and in this section. The board of county commissioners may grant a special exception application for a major mining operation, provided that such application complies with all applicable provisions and requirements of division 5, article XIII, of this chapter 50, and all applicable provisions of this section. A finding by the board of county commissioners that any of the criteria, standards, conditions or requirements in this section have not been adequately addressed to protect area residents, businesses and the health, safety and welfare of the community as a whole shall result in the denial of an application for a special exception for a major mining operation. In addition to any criteria, standards, conditions, and requirements contained in elsewhere in this division 5 of article XIII of this chapter 50, an application for a special exception for a major mining operation shall meet the following criteria, standards, conditions, and requirements:

(1)

The proposed mining operation complies with all the required regulations and standards of this chapter, including provisions of division 5 and of this section specifically, and all other applicable regulations.

(2)

The proposed mining operation is serviced by roads of adequate capacity to accommodate the traffic volume and load impacts and not adversely impact surrounding uses; or the applicant enters into an agreement with the county to make the necessary improvements to the impacted roads.

(3)

Screening and buffering for the proposed mining operation, where necessary, is of such type, dimension and character to improve compatibility of the proposed mining operation with uses and structures of adjacent and nearby properties.

(4)

The proposed mining operation is consistent with the comprehensive plan and conforms with the general plans of the county as embodied in the comprehensive plan.

(5)

The proposed mining operation will not adversely impact springs, rivers, tributaries, or water quality. The director of the county development department or the board of county commissioners may require that a licensed professional geologist, registered with the State of Florida, make this determination by using existing or new geological, hydro-geological, water quality or any other pertinent data. If required by the director of the county development department, the applicant shall supply the determination prior to the hearing on the application with the planning commission. If required by the board of county commissioners, the applicant shall supply the determination when directed by the board.

(6)

The proposed mining operation will not result in such noise, odor, dust, vibration, off-site glare, substantial traffic or degradation of road infrastructure so as to adversely impact surrounding development or cause hazardous traffic conditions.

(7)

The proposed mining operation will not adversely impact the recreational enjoyment of state, federal or county parks by the public.

(8)

The proposed mining operation will not cause an adverse environmental impact to dumpsites, landfills or effluent ponds, or public water supply wellhead, as shown by an environmental impact study prepared by a firm or individual qualified by experience and any necessary licensing to prepare such study, which study shall be submitted by the applicant with the application. Such study may be included as part of a mining impact assessment report submitted by the applicant.

(9)

The proposed mining operation is not located in a prohibited area, and meets all requirements regarding buffering, access, application, impact assessment report, documentation, setback, slope, and reclamation requirements, and any other requirements, all as contained in this section.

(10)

The proposed mining operation has obtained all other federal, state or local permits.

(11)

The proposed mining operation will not be detrimental to the area residents or businesses, or the public health, safety or welfare of the community as a whole.

(d)

Specific criteria, standards, conditions and requirements for special exceptions for major mining operations. In order to meet the criteria, standards, conditions, and requirements for approval of an application for a major mining operations special exception, in addition to the minimum criteria, standards, and conditions provided above, the following provisions shall apply:

(1)

Prohibited areas for major mining operations. The following are areas where major mining operations shall be prohibited:

a.

Within a 500-foot radius of abandoned dumpsites, landfills or effluent ponds as identified by the Florida Department of Environmental Protection. When blasting is used, this radius shall be increased to 1,000-foot radius.

b.

Within a 1,000-foot radius of a public water supply wellhead of 100,000 gallons per day or greater providing blasting is not used as a method of extraction.

c.

Within a one mile radius of a public water supply wellhead of 100,000 gallons per day or greater when blasting is used as a method of extraction.

d.

Within two miles of the Manatee Springs or Fanning Springs State Park boundaries.

e.

Within a one mile corridor (one-half mile on each side) of known streams, conduits, lineaments, fractures, or matrix flow paths with the potential to impact Manatee Springs or Fanning Springs which may directly or indirectly result in the occurrence of one or more of the following:

i)

The deterioration of water quality of adjacent private or public water supply wells, or reduction of their water level.

ii)

The deterioration of water quality or flow of Manatee Springs or Fanning Springs.

The director of the county development department or the board of county commissioners may require any applicant to provide documented scientific evidence that i) and ii) above shall not occur, as referenced in subsection II.(c)(5) of this section.

f.

Within one-quarter mile of schools, hospitals, county, state or federal parks; or within 660 feet if buffering methods are approved by the board of county commissioners in accordance with the buffering standards in subsection II.(d)(2) below.

g.

Within one-quarter mile of a platted and recorded subdivision with lot sizes of five acres or less that include constructed streets and developed parcels; or within 660 feet if buffering methods are approved by the board of county commissioners in accordance with the buffering standards in subsection II.(d)(2) below.

(2)

Buffering standards. When required by the board of county commissioners for any major mining operation, the following buffer standards shall apply:

a.

Length. The buffer shall be of sufficient length so as to shield mining activity from incompatible land uses.

b.

Depth. A minimum of 100 feet measured perpendicularly from the property line.

c.

Opacity. Where required, the buffer shall shield adjoining properties when viewed from the property line. The buffer must shield the operation at the time excavation begins. Shielding shall meet an 80 percent opacity standard. Berms, towers, stockpiles, and other similar items that extend above the buffer need not be shielded. The clearing and stripping of vegetation from the property where a major mining operations special exception approval has been obtained shall not require the pre-establishment of a buffer.

d.

Makeup. The buffer shall consist of a vegetated screen, augmented by a berm if required to obtain opacity. The following conditions apply to the vegetated screening:

i)

A 100-foot vegetative screen is standard, except where a berm is necessary. Where a berm is necessary, the outer 50 feet of the buffer must consist of the vegetative screen;

ii)

Existing trees located within the vegetative screen area must remain.

iii)

If sufficient vegetation does not exist, the vegetative screen area shall be planted primarily with evergreen or other non-deciduous trees native to the area and compatible with the area soils.

e.

Berms. The following are requirements for berms where utilized to augment vegetative buffers:

i)

The berm shall generally run parallel to, and no closer than 50 feet from the property line. The above two standards may be modified where there are impeding physical features, such as wetlands or other such features.

ii)

The berm shall be built to the height necessary (not to exceed ten feet above the natural surface of the ground) to shield mining activity from the property line (excluding booms, towers, stockpiles or other similar items which extend above the buffer) so that it cannot be viewed through the buffer from adjoining properties when viewed from the property line. The berm shall not be of uniform height for its length, but shall undulate at varying heights at or below the ten-foot maximum set herein, while still providing the shielding from view of adjoining properties from the property line.

iii)

The berm must be stabilized with the planting of vegetation. Sloping requirements to the exterior face of the berm shall not exceed 1:1, vertical to horizontal.

iv)

Adequate control shall be provided to protect the adjacent properties from additional runoff caused by the earthen berm.

(3)

Access requirements. All major mining operations shall comply with the following access requirements:

a.

A mining and excavation operation shall be located only within an area which has direct access to a major collector or arterial road.

b.

Ingress and egress must have direct access to a paved county or state maintained road. Where access is to a paved county road, the minimum road classification shall be a major collector.

c.

Access and truck routes to the site through platted recorded and unrecorded residential subdivisions are prohibited. This requirement shall not apply if the excavation activity is being performed as part of the development of the applicable subdivision.

d.

Hauling requirements. The applicant shall ensure that neither public nor private property will be damaged by the hauling of material, and that hazardous traffic conditions will not be created, as shown by a traffic study prepared by a traffic engineer licensed in the State of Florida, which study shall be submitted by the applicant with the application. Such study may be included as part of a mining impact assessment report submitted by the applicant. All such applications for a special exception shall identify proposed hauling routes. Where the hauling of excavated materials use public roads, such vehicles shall be covered in a manner to prevent fill spillage, consistent with the Florida Department of Highway Safety and Motor Vehicles standards. All hauling vehicles shall have the trucking company name (or truck owner's name if privately owned) prominently displayed on the sides of the vehicle.

(4)

Setback requirements. All major mining operations shall meet the following setback requirements:

a.

No excavation shall be within 100 feet of any road right-of-way boundary.

b.

No excavation of earth, minerals or resources shall be closer than 50 feet to an adjoining undeveloped lot or parcel and 100 feet from any residentially developed lot or parcel boundary, regardless of the location of the residence on the lot or parcel.

(5)

Slope requirements. All major mining operations shall meet the following slope requirements: Sides of reclaimed limestone, shell and dolomite mines shall provide a shore line slope consistent with the latest regulations of the department of environmental protection bureau of mine reclamation. Dormant sand, clay or dirt borrow pits shall be left with side slopes not steeper than one-foot rise for each three-foot horizontal measurement, or the slope requirement provision of the state agency issuing the environmental resource permit.

(6)

Reclamation plan. Any application for a special exception for a proposed major mining operation for limestone, shell, dolomite mines, sand, clay, or dirt shall provide, as a part of the application, a letter of confirmation from the Florida Department of Environmental Protection that a reclamation plan or notice has been reviewed and found sufficient, or that the mine will be exempt from the requirements to provide a plan or notice.

(7)

Mining impact assessment report. All applications for proposed major mining operations that will include blasting or the processing of raw material shall present a mining impact assessment report prepared by a professional environmental consulting, planning or engineering firm addressing subsections a. through d. below. The assessment report shall identify impacts to reflect all individual and cumulative impacts resulting from phasing of the proposed mining operations or activities.

Borrow pits proposed to be used exclusively for the extraction of sand, clay and topsoil shall be required to provide a traffic impact assessment report which must be prepared by a professional environmental consulting, planning or engineering firm consistent with subsection b., transportation system, below. A proposed borrow pit operation shall also be required to provide impact assessment reports of compatibility and fill activities related to such borrow pit which shall be permitted to be provided by the applicant, his/her representative or a professional environmental consulting, planning or engineering firm.

The determination of adequacy of any assessment reports required in this section is at the discretion of the board of county commissioners.

The mining impact assessment report shall address the following issues:

a.

Compatibility. This portion of the report shall address the impact of blasting activities, (if applicable), vibration, noise and sound, generated from the project site and transmitted to the surrounding area; the surrounding character of the area and development in proximity to the proposed mine (i.e., residential and non-residential structures and accessory uses) and environmental, cultural and historical resources. The applicant for the special exception shall identify all design and buffering improvements proposed to mitigate impacts to the surrounding area identified in the report and ensure protection of identified environmental, cultural and historical resources.

b.

Transportation system. This portion of the report shall include the anticipated impact on the roads and bridges along the proposed hauling route. This is to be assessed in a submitted traffic analysis that identifies existing and projected level of service, projected trip generation, structural stability of the roads and bridges and distribution of traffic. The applicant for the special exception shall identify all improvements proposed to mitigate impacts to the transportation network and impacted roadways.

c.

Water pumping activities. Any mining operation that includes water-pumping activities shall not diminish water quality, nor create any run-off to adjacent properties. In order to document compliance with this requirement, the report shall address issues of water quality and run-off to adjacent properties. The applicant shall provide the following prior to issuance of the local permit and operation of the mine:

i)

A water use permit from the applicable Water Management District of the State of Florida.

ii)

An industrial waste permit from the Florida Department of Environmental Protection for any processing or washing of materials or products.

d.

Fill activities. Clean fill material shall only be permitted after it has been determined by the county that the proposed finished grade will be compatible with the surrounding area and with existing drainage patterns. The report shall include information regarding the proposed fill, finished grade, and compatibility with surrounding area and existing drainage patterns.

(8)

Documentation/application. In addition to meeting all application and notice requirements for special exceptions provided in subdivision I and II of division 5 of article XIII; an application for special exception for a major mining operation shall contain all reports, documentation and map illustrations showing that the application complies with all of the requirements contained in subsections II(c) and (d) hereof.

(9)

Application fee. An application for a special exception for a major mining operation shall be accompanied by the applicable fee set out in the fee schedule maintained by the county development department. The application fee is non refundable, whether the application is ultimately approved or denied.

(10)

Excavation and fill permit application included. An application for a special exception for a major mining operation shall be accompanied by an application for an excavation and fill permit which meets all the requirements for such permit as provided in this section.

(11)

Public notice requirement. In addition to any other notice requirements for a special exception contained within division 5 of article XIII, the extent of the notice required to be provided to surrounding property owners for an application for a special exception for a major mining operation shall be extended from 300 feet to two miles in the event that the proposed major mining operation includes blasting or 50 or more one way truck trips per day. The additional cost incurred by providing notice beyond 300 feet shall be calculated and paid for by the applicant prior to the public hearing on the special exception to be held before the planning commission.

(12)

Duration of approval; amendment of approval. Any special exception approval granted for a major mining operation pursuant to the provisions hereof shall be valid for a period specified for completion of all operations, including necessary reclamation as set forth in the approved mining and reclamation plan. The board of county commissioners, as it determines necessary to protect the public interest, may require such changes in the duration of a special exception approval as conditions warrant. The applicant or subsequent owner or operator of an approved major mining operation may also, on any anniversary date of the approval of the special exception, seek an amendment of the special exception conditions in order to vary or expand the scope of the major mining operation by filing an application for amendment to the original special exception. Any such amendment to the original special exception conditions shall meet all requirements and be processed as an original application.

(13)

Transfer of special exception. Notwithstanding any other provision in this section to the contrary, a special exception approval for a major mining operation shall be issued only in the name of the applicant and may be transferred only when the interest of the applicant in the lands that are the subject of the special exception are transferred. Prior to such transfer, the applicant and the prospective transferee must apply to, and receive approval from, the board of county commissioners for an amendment to the special exception application submitted to the county development department. All financial liability and permit filing obligations shall be transferred at the time the interest in said lands is conducted.

(14)

Liability for major mining operations. The applicant or operator of any major mining operation that receives special exception approval pursuant to the provisions of this section shall have absolute liability and financial responsibility for any damages to public or private property, human, animal or plant life, or any mineral or water-bearing geologic formations incurred due to mining operations, failure of any dam, spillway or outlet structure of a settling or thickening pond, or failure to properly reclaim mined lands. At or prior to the time of issuance or transfer of the excavation and fill permit for the applicable major mining operation, in order to protect the interests of the board of county commissioners and the public, the applicant shall post with the board the following bonds or other surety in a form approved by the board of county commissioners:

a.

For each acre of land designated to be mined, the amount of $2,000.00 as a reclamation performance bond; and

b.

For each acre foot of storage to be contained in a slime, retention or thickening pond in and above grade, the amount of $1,000.00. This bond shall remain in effect for as long as unconsolidated slime remains in the pond.

(15)

Annual report and inspection. As a condition of approval of a special exception for a major mining operation, the applicant or operator of such major mining operation shall provide an annual report to the county development department for review by the county engineer documenting compliance with the special exception and excavation and fill permit requirements for the major mining operation. The county engineer shall make an onsite inspection to the major mining operation to assure compliance with the special exception, the excavation and fill permit and any report submitted by the applicant or operator.

(16)

Forfeiture. Upon a finding of noncompliance with this section, or any special exception condition for a major mining operation, or any approved site plan for the major mining operation or reclamation, the building official shall notify the applicant or operator of the major mining operation in writing of noncompliance and the pending forfeiture of the permit. The applicant or operator shall have 30 days to respond. If compliance is not accomplished within such 30-day period, the major mining operation shall cease and the special exception shall be revoked. Regardless of revocation or compliance with any special exception condition, the applicant shall repair, perform reclamation, or perform any other activity at the major mining operation site that the building official or county engineer deems is necessary in the interest of the public health, safety or welfare.

a.

Appeal. Any appeal of a noncompliance finding issued in accordance with this subsection shall be submitted to the county development department and the office of the board of county commissioners within 15 days of the date of such noncompliance finding. Such appeal shall be heard by the board of county commissioners at a noticed public hearing. No appeal filed later than 15 days after the date of such notice shall be acted upon by the board of county commissioners.

(e)

Major mining operations in the rural residential (RR) zoning district. Major mining operations in the rural residential (RR) zoning district may be permitted pursuant to this section provided that the application for the major mining operation and the operation itself complies with the criteria, standards and conditions contained in subsections II.(c) and II.(d) hereof, and, provided further, that such major mining operation meets the requirements and conditions set forth in this subsection, and provided further, that such major mining operation obtains an excavation and fill permit in accordance with this section. The criteria, standards and conditions contained in subsections II.(c) and II.(d) shall take precedence in a review of a special exception application for a major mining operation in the RR zoning district in the event there is a conflict with provisions of this subsection. The additional requirements set forth in this subsection are intended to maintain an acceptable condition and final grade of the land to support agriculture and residential development. The additional requirements and conditions which must be met by an application for special exception for a major mining operation in a RR zoning district are as follows:

(1)

The minimum tract size for the proposed mining operation shall be ten acres.

(2)

No processing or grading of material shall be permitted in the proposed mining operation.

(3)

Only fill dirt consisting of sand or top soil may be removed from the proposed mining operation site.

(4)

The proposed mining operation shall use mechanical means of extraction only. No blasting shall be permitted.

(5)

The final grade of the land after reclamation shall be relatively level, but in no case shall such final grade be steeper than a three percent grade (three feet vertical per 100 feet horizontal).

(6)

The proposed finished grade will be compatible with the adjacent properties, with pre-existing drainage patterns, and shall not cause offsite impacts of storm water run-off.

(7)

Access to the property line of the proposed mining operation must be via a county or state maintained paved road classified as a major collector or greater. Access to the site is prohibited on local roads within platted, recorded and unrecorded residential areas.

(8)

Hours of operation and days of operation shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Saturday, unless otherwise stated via conditions to the special exception based on site specific considerations. Operation hours shall be regulated to protect the character of nearby residential areas.

(9)

The entire perimeter of the proposed excavation area will have posted signs placed and maintained by the owner. The dimensions of the signs shall not be less than nine inches by eleven inches and shall be placed no further than 100 feet apart.

(10)

Prior to the initiation of any excavation activities, the applicant shall perform test drilling to establish the depth to the seasonally high water table. A minimum of two feet overburden must remain above the seasonally high-water table at all times. Documentation of such test drilling demonstrating compliance with this provision shall be submitted with the application for the special exception.

(11)

There shall be no back-fill permitted. Overburden relocated to permit access to the desired resource, and then spread over the project site, shall not be considered back-fill.

III.

Excavation and fill permits; application procedures and requirements.

(a)

Excavation and fill permit required. Major mining operations, minor excavation and fill activities or operations, any commercial mining or extraction of minerals, resources, or natural resources for sale, or fill or alteration in any way of the natural grade of the land or the grade of the land established at the time of the enactment of this section, which activity or operation is not otherwise vested or excepted herein, shall require the issuance of an excavation and fill permit in accordance with the provisions of this section prior to commencement of such activity or operation. Any major mining operations shall also require the approval of a special exception by the board of county commissioners in accordance with the provisions of this section prior to the commencement of such operations.

(b)

Application requirements. The following information and documentation shall be required for a complete application for an excavation and fill permit. In the event that the proposed mining operation requires a special exception, the applicant for such mining operation shall also submit a complete application for special exception as required in this section. The required excavation and fill permit application information and documentation listed below is in addition to the required documentation for a special exception approval, and shall be submitted for review simultaneously with such special exception application, if applicable. The minimum information and documentation required for an excavation and fill permit application shall be as follows:

(1)

A boundary survey of the subject tract or parcel.

(2)

A site plan for the proposed minor excavation and fill operation which shall be prepared at a scale not less than (one inch equals 60 feet) and presented to the county development department prior to any excavation or fill operation. The site plan also shall clearly show all of the following:

a.

The shape and dimensions of the entire property and delineate the project area (if a portion of the entire tract).

b.

All existing and proposed buildings; dimensions of buildings and distances of all buildings to property lines.

c.

All streets and easements abutting the subject property.

d.

Indicate with a dashed line any water, depressions and sinkholes on the subject property.

e.

Show all storm water management systems and water retention areas on the subject property.

f.

Locate and delineate the proposed areas to be mined, excavated or filled and identify approximate acreage delineated.

g.

Locate and delineate all areas to be used for stock-piles, slurry or settlement ponds, crushing or other processing operations.

h.

Identify the existing uses and approximate distance of existing residences or other structures adjacent to the excavation site.

(3)

On a map separate from the site plan, the applicant shall show a north arrow and identify proposed hauling routes associated with filling operations or resource sales consistent with subsection II.(d)(3), access requirements, and subsection III.(c)(2), hauling requirements.

(4)

A description of the work to be performed (including all excavation or fill activities or both). The description shall include the purpose of the minor excavation and fill operation, a schedule of the expected duration and phasing, if applicable, of the operation, the type of fill to be placed (if any), a tabulation of the number of cubic yards to be mined or excavated or fill to be placed, the depth of the excavation or the fill placed, and the grade of side slopes associated with the proposed excavation or fill operation.

(5)

For an application where the subject property located in an environmentally sensitive area as designated by the land development regulations or the comprehensive plan, the applicant shall provide a permit or letter of exemption from the appropriate State of Florida Water Management District and the Florida Department of Environmental Protection and any other permitting agency with jurisdiction over the proposed minor excavation and fill operation.

(6)

For an application where the subject property is located within the 100-year flood plain adjacent to the Suwannee River the applicant shall provide an environmental resource permit or letter of exemption from the Suwannee River Water Management District.

(7)

Any excavation for the purpose of creating a pond, or which exceeds the standard of two feet above the high water, wet weather mark shall require a permit or letter of exemption from the applicable State of Florida Water Management District.

(8)

Any minor excavation operation in an existing body of water (ie: pond, lake, stream, canal or river) shall require a permit or letter of exemption from the Florida Department of Environmental Protection or the applicable State of Florida Water Management District.

(9)

The application shall document that the proposed minor excavation or fill operation does not interfere with any storm water system currently maintained by a public or private entity. Any cost incurred as the result of excavation that damages public works or infrastructure shall be the responsibility of the permittee.

(10)

The application shall document that the minor excavation fill operation does not affect the natural flow or drainage pattern of surface waters that were present prior to the excavation or fill operation.

(11)

Application fee. An application for an excavation and fill permit shall be accompanied by the applicable fee set out in the fee schedule maintained by the county development department. The application fee is non refundable, whether the application is ultimately approved or denied.

(c)

Permit review and approval process and requirements. An application for an excavation and fill permit shall meet the requirements and follow the process set out herein, prior to issuance of the applicable permit and prior to commencement or continuation of any mining operations. In addition to any other requirements contained in this section, an application for excavation and fill permit, or any excavation activities shall meet the following requirements:

(1)

Hauling requirements. These hauling requirements apply to any excavation and fill activities for which an excavation and fill permit is required as well as the activities exempted from obtaining an excavation and fill permit pursuant to subsection I.(c) hereof. The applicable hauling requirements are as follows:

a.

No material may be hauled from the subject property, except to satisfy final grading requirements in cases such as, or similar to:

i)

Removal of excess fill associated with the installation of swimming pools or basements in conjunction with valid building permits.

ii)

Removal of fill associated with construction of public works on public property.

b.

Fill may be hauled to or from the subject property for excavation and fill operations that require and have obtained an excavation and fill permit in order to satisfy cut and fill balance requirements for final grading related to pond excavation and storm water management purposes. However, all applicable requirements of this section and of the permit shall apply.

c.

The off-site hauling of fill and other material if directly related to the operation of an agriculture, silviculture, plant or tree nursery business shall be permitted.

d.

The permittee and the hauler shall have joint and several liability and financial responsibility for any damages to public or private property, human, animal or plant life due to hauling. Levy County retains the right to recover any cost to repair damages to county maintained or dedicated roads, bridges, and drainage infrastructure caused by hauling related to excavation and fill activities and activities that are exempt from the requirement of obtaining an excavation and fill permit pursuant hereto.

(2)

No excavation activity shall be deeper than a point of two feet above the high water, wet weather mark unless the application includes the creation of a pond.

(3)

Only mechanical means of excavation may be used (no blasting is permitted).

(4)

No excavation is permitted within 100 feet of the right-of-way of a public road, nor 50 feet of a property line or a private easement. This section shall not prevent leveling of the property, in these set-back areas, to the grade of the adjacent property when done consistent with the provisions of this section and other applicable sections in this Code.

(5)

Where excavations create holes, depressions or cavities, the side slope of the excavations shall be left with slope not to exceed a 3 to 1 slope (ie; not more than one-foot rise for each 3 feet horizontal distance).

(6)

Prior to the issuance of an excavation and fill permit, the building official and county engineer shall review the application and plan of the work provided by the applicant for such permit. When a special exception is required for the proposed mining operation, the county engineer shall render a written recommendation to the planning commission and the board of county commissioners.

(7)

No excavation and fill permit or plan shall be approved, which, in the opinion of the county engineer or building official, shall be detrimental to the health, safety or general welfare of adjacent properties or the community. In examining and approving the permit application and the plan, the county engineer and building official shall use, as minimum standards, the criteria set forth in this section.

(8)

An approved excavation and fill permit and plan shall be conditioned upon the use of land or structures shown on the plan and permit application as permitted. Any substantial deviation from the approved permit or plan shall constitute a violation of this section.

(9)

Prior to the issuance of an excavation and fill permit, all other required permits or letters of exemption from other applicable state or federal agencies, including but not limited to: Florida Department of Environmental Protection, the applicable State of Florida Water Management District and the Army Corps of Engineers shall be submitted to the building department.

(d)

Operation of permit and permitted activities. A holder of an excavation and fill permit and all excavation or fill activities shall be subject to and shall follow the requirements set out in this subsection.

(1)

The permit shall be posted at the entrance of the project site and clearly visible to the public. It shall be the responsibility of the applicant/permittee to post the permit, approved site plan, and project description prior to commencement of any work pursuant to the permit.

(2)

Duration of permit; amendment of permit. Any excavation and fill permit granted for a minor excavation and fill operation pursuant to the provisions hereof shall be valid for a period specified in such permit, but in no event shall any such permit be valid for more than 90 days. The applicant/permittee may seek an amendment to the permit, the permit conditions or the approved plan; however, any such amendment application shall meet all requirements and be processed as an original application for an excavation and fill permit.

(3)

The applicant/permittee shall call for an inspection as soon as the excavation or fill activities are completed based on the specified completion date identified on the permit. The county development department shall then, within a reasonable time, visit the site to examine the work for consistency with the approved plan and permit. If the work is found in compliance with the approved permit and plan, the field representative from the development department shall indicate so on the permit posted on the site and mail a certificate of code compliance to the applicant.

(4)

Forfeiture. Upon a finding of noncompliance with this section, or any excavation and fill permit, permit condition, or any approved plan for applicable minor excavation or fill operation, the building official shall notify the applicant or operator of the minor excavation or fill operation in writing of noncompliance and the pending forfeiture of the permit. The applicant or operator shall have 30 days to respond. If compliance is not accomplished within such 30-day period, the minor excavation or fill operation shall cease and the permit shall be revoked. Regardless of revocation or compliance with any permit condition, the applicant shall repair, perform reclamation, or perform any other activity at the minor excavation or fill site that the building official or county engineer deems is necessary in the interest of the public health, safety or welfare.

a.

Appeal. Any appeal of a noncompliance finding issued in accordance with this subsection shall be submitted to the county development department and the office of the board of county commissioners within 15 days of the date of such noncompliance finding. Such appeal shall be heard by the board of county commissioners at a noticed public hearing. No appeal filed later than 15 days after the date of such notice shall be acted upon by the board of county commissioners.

(1991 LDR ch. 79, § 6.01(G)(10); Ord. No. 02-07, 9-17-2002; Ord. No. 05-02, § 10, 6-7-2005; Ord. No. 2007-03, § 22, 7-17-2007)