WHEREAS, it is possible to conduct mining operations in such a way as to minimize the effects on the surrounding environment; and,

Transcription

1 ORDINANCE NO An Ordinance Amending the Hernando County Mining Ordinance; Providing for a Short Title; Providing for Findings of Fact; Stating a Declaration of Intent and Purpose; Providing for Definitions; Providing for Applicability; Providing for Mining Approvals; Establishing Mining Approval Procedures; Providing for Mining Plans; Providing for Modification and Renewal of Mining Approvals; Providing for Suspension or Revocation of a Mining Approval; Providing for Mining Setbacks, Buffers and Berms; Providing for Standards for Earthen Dams and Dikes; Providing for Vibration, Air- Blast Overpressure, Other Requirements Associated with Blasting, and Reporting Requirements; Providing for a Reclamation Plan; Establishing Security Requirements to Ensure Reclamation Performance; Requiring a Reclamation Report; Providing for Inspection and Approval of Reclamation; Establishing Security Release and Forfeiture Proceedings; Requiring Blasting and User Permits; Providing for Variances; Establishing Insurance Requirements; Providing for Notice Requirements; Providing for Enforcement; Providing for Penalty for Violations; Provide for Private Relief for Nuisance or Hazard; Providing for Severability; Providing for an Effective Date; Providing for a Repealer Clause. BE IT ORDAINED BY THE COUNTY COMMISSIONERS OF HERNANDO COUNTY, FLORIDA AS FOLLOWS: SECTION A. ADMINISTRATION. SECTION A-I. SHORT TITLE. This ordinance may be known and cited as "Hernando County Mining Ordinance of 1993" or "Mining Ordinance of 1993." SECTION A-2. FINDINGS. THE HERNANDO COUNTY BOARD OF COUNTY COMMISSIONERS FINDS THAT: WHEREAS, mi m nq and reclamation of mined lands as provided by this ordinance will allow the proper and orderly development of Hernando County's resources and provide for the protection of the environment and for the SUbsequent beneficial use of the mined and reclaimed land; and, 1

2 WHEREAS, the severance, processing, treatment, and transportation of solid minerals by mining is an established and important factor in the economy of Hernando County; and, WHEREAS, it is not possible to sever the solid minerals required by our society without disturbing the earth's surface and producing waste materials; and, WHEREAS, it is possible to conduct mining operations in such a way as to minimize the effects on the surrounding environment; and, WHEREAS, proper reclamation of land upon which mining has terminated is necessary to mitigate permanent undesirable land and water conditions that would be detrimental to the general health, safety, and welfare of the citizens of Hernando County; and, WHEREAS, Hernando County is home to numerous threatened and endangered species and species of special concern and their habitat; and, WHEREAS, known wetlands exist which provide necessary habitat for these species; and, WHEREAS, the regulations contained in this ordinance are reasonable and necessary to protect the natural environment and the public health, safety and general welfare of the citizens of Hernando County. WHEREAS, under the common law of the state of Florida, the adopted Hernando County Comprehensive Plan and SI (8), Florida Statutes, existing mining operations are entitled to certain protections and exemptions from new regulations; and, WHEREAS, consistent with and in furtherance of the common law, the adopted comprehensive plan and Chapter 163, Florida Statutes, this ordinance recognizes that the Board of County Commissioners have Approved Master Mining Plans for each of the existing mining operations and that the authorizations, terms and conditions reflected in the Approved Master Mining Plans shall control when the authorizations, terms and conditions conflict with or are inconsistent with the provisions or standards of this ordinance; and, SECTION A-3. DECLARATION OF INTENT AND PURPOSE. A. It is the intent of this ordinance to provide for: 1. The usefulness, productivity and scenic values of all lands and mineral resources involved in mining within Hernando County will receive the highest and best use, proper development, and the greatest practical degree of protection and reclamation; 2

3 2. Plans for mining operations shall include reasonable provisions for protection of the surrounding environment and for reclamation of the area of land affected by mining. Said plans shall be on file with the County; 3. Protection of adjacent property from any adverse effects and impacts of the mining operation; 4. Protection of water quality and quantity; 5. Protection of threatened or endangered species or species of special concern. SECTION A-4. DEFINITIONS. Adjoining: Neighboring, contiguous, or next to, Approved Master Mining Plan (AMMP): The plan approved by the Board of County Commissioners which sets forth and contains the rights of the existing mining operations as of the adoption of this ordinance. The Approved Master Mining plan shall include and depict all existing rights, including, but not limited to, setbacks, reclamation standards and any other rights or privileges for which the mine is governed. Berm: A berm is a shaped mound of earth that is part of a buffer constructed for the purpose of reducing the adverse impacts of a mining operation. Buffer: A buffer is an area either left in its natural state, modified, or constructed, which is maintained in such a manner to shield an adjoining land use from the adverse impacts of a mining operation. Department: The unit of County Government designated by the Board of County Commissioners to implement the mining ordinance. Earthen Dams: Earthen dams or dikes are earthen structures constructed for the retention, by damming, of water or any material colloidal or liquid. Existing Mining Operation: An operation that holds a valid mining permit from Hernando County or is otherwise legally in existence on the adopted date of this ordinance. Hardrock: The harder strata of limestone that generally are suitable for use as the coarse aggregate component in the production of either portland cement concrete or asphaltic concrete. 3

4 Land: Shall include, in addition to the solid parts of the earth's surface, all waters or submerged lands within Hernando County. May: As used herein, is permissive and discretionary. Mining, Mining Activity or Mining Operation: 1. Any activity or process constituting all or part of a process for the severance of sand, clay, unconsolidated or consolidated minerals for the purposes of sale, use as a raw material, or use off-site (This does not include the mining of unconsolidated materials conducted pursuant to County excavation rules); or 2. The preparation, crushing, washing, cleaning, screening, processing, flotation or other treatment of solid minerals in association with the severance of an area so as to make them suitable for commercial, industrial or construction use. 3. It shall not include plants engaged in processing minerals produced elsewhere or plants engaged in manufacturing or processing as defined by the zoning ordinance or its successor. Mining Approvals/Approvals: Written permission from Hernando County to conduct mining operations on a particular piece of land legally described on the approval/permit. Operator: Any person or persons, partnership, limited partnership, corporation, or association of persons severing solid minerals from the lands of Hernando County, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. Overburden: The earth, rock, and other materials that lie above the natural deposit of solid minerals which are proposed for extraction. Prospecting: Inspecting, exploring or sampling an area for solid minerals. Prospecting involves the severance of small quantities of solid minerals for analysis and inspection only. Protected Structures: Any dwelling, public building, school, church, cemetery, or commercial or institutional building on lands not controlled by the operator. Qualified Professional: A practitioner of the profession deemed appropriate by the County. 4

5 Reclamation: The rehabilitation of the active mining area to establish soil stability, habitat enhancement, revegetation, water conditions, and safety conditions appropriate to the area. Reclamation Plan: The operator's written proposal as required by this ordinance, and consistent with the regulations of the State of Florida and approved by the County for reclamation of the active mining area. Refuse: All waste soil, rock, mineral, scrap, tailings, slimes, chemical by-products, water and other materials directly connected with the mining, cleaning, preparation and treatment of mined substances. Revocation: The permanent invalidation of the right to mine. Setback: A setback is the minimum distance required from a property line to the nearest point of a structure or use. Severance: To extract, remove, or withdraw from the soil or water of this County, whether on the surface or below, any solid minerals. Shall: As used herein is mandatory and means must. Sheer Wall: Any near vertical surface of consolidated minerals that is above the water table and ten feet or more in height. Softrock: The softer strata of limestone that generally are not suitable for use as either the coarse or the fine aggregate component in the production of either portland cement concrete or asphaltic concrete, but generally are suitable for use as base material in roads, as a raw material for the production of both portland cement and lime, and for other commercial products. Spoil or Spoil Bank: tailings. A deposit of excavated overburden or Stockpiles: the premises. Suspension: SECTION A-5. Stacks of mineral materials extracted and stored on The temporary invalidation of an approval. 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 ordinance. 5

6 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 ordinance, the Approved Master Mining Plan shall prevail. C. After the effective date of this ordinance 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. Said 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 ordinance 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 ordinance. F. Areas mined in accordance with the 1978 Mining Ordinance shall comply with the standards and post security in 6

7 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 affect. 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. SECTION A-6. VARIANCES. A. The mine operator may apply to the County for granting of a variance from any of the standards and procedures established in this ordinance. To be considered for approval the applicant is required to demonstrate that the proposed methods of operations, standards or buffering would provide a level of protection to the adjoining properties consistent with the standards of this ordinance. B. A variance may be granted when it is established that ex.is t Lnq permitted operations make it impractical or unreasonable to comply with the terms of this ordinance. C. Variances issued under this ordinance shall be granted by the Board of County Commissioners under the same procedures applicable to variances to zoning regulations. SECTION B. SECTION B-1. APPROVALS. MASTER MINING PLAN APPROVAL (MAMPA). I. APPLICATION. An application for a Master Mining Plan Approval (MAMPA) shall comply with the following procedure: A. 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: 1. A legal description of the proposed mining area; 7

8 2. 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); 3. The name, address and phone number of the person, firm or corporation that will be the mine operator and the designated representative; 4. A statement from the applicant regarding the applicability of the Development of Regional Impact (DRI) process; 5. A recent scaled aerial photograph of the property showing the boundary of the proposed area; 6. A proposed Master Mining Plan at an appropriate scale (drawing size may not exceed 36 inches by 48 inches) depicting the following: a. Existing Land Use Map showing property lines and land owned or controlled, using bearings and distances if available; and the following items (b) through (f): b. North arrow, date, plan number by set, and scale; c. Existing natural and man-made features, including streets, utility lines wetlands, and watercourses; d. Location of any right-of-way lines, easements and points of egress and ingress from the property; e. Topographic contours from available mapping; f. Approximate mapping of existing vegetative communities prepared by a qualified professional, consistent with the Florida Land Use Cover Classification System; g. Conceptual Mining Plan using the same scale and size of the existing Land Use plan showing the following items (h) through (n); h. Approximate size, shape and location of proposed mining operation features, including excavation areas, ponds, processing facilities and proposed haul routes for excavated rock; 8

9 i. Proposed schedules for excavation (where hardrock and softrock mining are both proposed, separate schedules shall be given); j. Type of mining (softrock, hardrock, sand, e t.c ; ) and estimated depth of excavation in each area; k. General areas where blasting or use of explosives may be conducted in conjunction with mining operations; 1. The location of existing residential structures within 500 feet of the proposed mining areas; m. The existing zoning classification of properties within 500 feet of the property boundary; n. A Conceptual Reclamation Plan using the same scale and size of the previously required drawing which includes post mining topography with 10' contours and compliance with the intent of Section D-2 of this ordinance. 7. A preliminary environmental assessment, prepared by a qualified professional, addressing the following: a. A pedestrian survey of wildlife, including federal, state and locally listed endangered and threatened species and species of special concern; b. A preliminary assessment of water quality relating to impacts of the proposed mining activities on surface and ground water; c. A preliminary assessment of air quality relating to impacts of the proposed mining on air quality, including methods for mitigating negative impacts. 8. A list of other permits required for the operation of the mine and a copy of those permits already held by the mining operator; 9. A list of property owners within one hundred fifty (150) feet of the property boundaries, along with their property appraiser key numbers and addresses; 9

10 10. 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 ordinance. 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. B. 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 B-2 of this ordinance. C. 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. D. 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 ordinance. II. REVIEW A. 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 45 days after determination of application, sufficiency or documentation to proceed from the applicant. B. 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). 10

11 C. 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. III. ISSUANCE A. The Master Mining Plan Approval (MAMPA) shall only be issued if the application conforms with the provisions of this ordinance, all other applicable County ordinances, the Hernando County Comprehensive Plan and applicable state and federal regulatory standards. B. 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 Hernando County. Such terms and conditions may include, but not be limited to, provisions to: 1. Ensure compliance with all current and prior permit conditions; and 2. 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. 3. Ensure compliance with this ordinance, the adopted Comprehensive Plan and all other federal, state and local laws. C. If the application for a Master Mining Plan Approval (MAMPA) fails to conform to this ordinance, all other applicable County ordinances, the Hernando 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. D. 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 11

12 mined during a twenty-five (25) year Mining Master Plan may be shown as future reserves. IV. MODIFICATION OR RENEWAL. The following provisions are applicable to the modification or renewal of a Mining Master Plan Approval: A. Any operator engaged in mining under a Master Mining Plan Approval (MAMPA) granted pursuant to this ordinance 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. B. Any operator engaged in mining under a Master Mining Plan Approval (MAMPA) granted pursuant to this ordinance 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. C. 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 ordinance. 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. 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. D. 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. E. Any modification or renewal of a Master Mining Plan Approval (MAMPA) must be consistent with the requirements and standards of this ordinance, and with all unmodified provisions of the original approval. 12

13 F. No modification shall extend the expiration date of the current Master Mining Plan Approval (MAMPA) issued under this ordinance. G. No modification or renewal shall become effective until any changes required have been made in the security posted pursuant to this ordinance. H. In lieu of a modification, an operator may apply for a new Master Mining Plan Approval (MAMPA) in accordance with the procedures of this ordinance. I. 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). SECTION B-2. MINING OPERATION PLAN APPROVAL (MOPA). I. APPLICATION. An application for a Mining Operation Plan Approval (MOPA) shall comply with the following procedure: A. 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: 1. A general description of the proposed area to be mined including any reclamation areas; 2. The name, address and phone number of the person, firm or corporation that is the mine operator, owner, and the designated representative; 3. A recent scaled aerial photograph of the property showing the boundary of the proposed area; 4. A proposed Mining Operation Plan (on one or more sheets at the same scale and size) depicting the following information: a. North arrow, date and scale; b. Property lines and ownership, using bearings and distances where available; c. Existing natural and man-made features, including streets, utility lines, and other physical features; 13

14 d. Location of any right-of-way lines and easement lines; e. Actual size, shape and location of proposed mining operation features, including excavation areas, ponds, processing facilities and haul routes; f. Proposed schedules for excavation (where hardrock and softrock mining are both proposed, separate schedules shall be given); g. Type of mining (softrock, hardrock, sand, etc) ; h. Existing and proposed (prior to reclamation) contour lines in areas of planned excavation during the next five years, including any required berms; i. Areas where blasting or use of explosives will be conducted in conjunction with mining operations; j. Mapping of jurisdictional wetlands, vegetative and wildlife information for areas proposed for disturbance during the next five years, as determined in the environmental assessment required below; k. The location of existing residential structures within 500 feet of any areas proposed for blasting; 1. Other required information necessary to show compliance with the requirements in Section C of this ordinance. 5. An Environmental Assessment prepared by a qualified professional shall be provided for those areas proposed for initial disturbance. a. Identification and a plan for protecting any listed historical or archaeological sites in the areas proposed for disturbance; b. 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 14

15 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; c. 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. d. A plan addressing vegetation listed in the Endangered and Potentially Endangered Fauna and Flora in Florida, published by the Florida Game & Freshwater Fish Commission. 6. Copies of all permits issued by other regulatory agencies relating to the operation of the mine. 7. Copies of applications and reports if available provided to state and federal regulatory agencies concerning water quality, air quality and water quantity; 8. A list of property owners within one hundred fifty (150) feet of areas to be mined during the proposed Mining Operation Plan; 9. 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; 10. A report on the mining operator's exploration and intended use of new technology to reduce adverse human response to mining; 11. 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 ordinance. 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. B. The application shall also be accompanied with a Reclamation Plan, prepared consistent with Section D of 15

16 this ordinance and the Master Mining Plan Approval (MAMPA). C. The application shall be accompanied by the required review fee established by the Board of County Commissioners, by resolution. II. REVIEW A. 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 ordinance. B. 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 ordinance, all other applicable County ordinances, the Hernando 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 ordinance as set out above, the Department shall post notice of such determination and prepare a written notice stating the specific reasons for its determination. C. 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. D. 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 16

17 III. ISSUANCE 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 ordinance, shall either approve or deny the pending application for Mining Operation Plan Approval (MOPA). A. 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. B. 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. C. The term of the Mining Operation Plan Approval (MOPA) may vary in time length but should be for a period of approximately five years. D. General Conditions: 1. 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 ordinance. 2. 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. 3. 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 600 feet apart. 17

18 IV. APPEAL 4. 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. A. The applicant or any substantially affected citizen of Hernando 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. B. Any such appeal shall be based solely on the information provided to the Department. C. 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. I D. The sole issue before the Board is whether the Department's actions have been consistent with the requirements of this ordinance. If the Board determines that the Department has acted consistent with the requirements of this ordinance, the Board shall uphold and confirm the Department's actions. I f the Board determines that the Department has acted inconsistent with the requirements of this ordinance, 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 ordinance. V. MODIFICATION. The following provisions are applicable to the modification of a Mining Operation Plan Approval (MOPA): A. Application. Any operator engaged in mining under a Mining Operation Plan Approval granted pursuant to this 18

19 ordinance 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 ordinance. The Board of County Commissioner shall be informed of such request for additional information at a regularly scheduled meeting. I f 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. B. 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 ordinance, the standards and procedures applicable to the application of a new Mining Operation Plan Approval shall apply. C. Conditions. 1. Any modification of a Mining Operation Plan Approval (MOPA) must be made consistent with the requirements and standards of this ordinance, and with all unmodified provisions of the original approval. 2. No modification shall become effective until required changes are made in the security posted according to this ordinance. D. In lieu of a modification, an operator may apply for a new Mining Operation Plan Approval in accordance with the procedures of this ordinance. SECTION B-3. MONITORING. I. ANNUAL REPORT. A. After issuance of the Mining Operation Plan Approval (MOPA) or the Master Mining Plan Approval (MAMPA) and up to the time of final completion and release of all securities by the County, the applicant shall submit, on 19

20 or before each April 1st during the term of the approval twelve copies of the annual status report for th~ previous calendar year to the Development Department. B. The report shall give the status of the approved project including the following: 1. The number of acres mined during the preceding one year period, the depths of mining, and the areas mined. 2. The deviations or consistency of the mining with the terms and conditions of the Master Mining Plan and the Mining Operation Plan. 3. The number of acres reclaimed, including a detailed report of reclamation, number and types of vegetation planted, and the consistency of the reclamation to the submitted reclamation plan. 4. The annual report shall include a statement relative to the previously submitted schedules, and a detail of future schedules. Any variance from previous schedules submitted for the respective approval should be documented and reasons stated for the variance. 5. Property sold from the original tract or any contiguous property acquired. 6. A list of all local, state and federal permits obtained during the previous twelve month period. C. The Department staff shall review the Annual Status Report for compliance with the issued Master Mining Plan Approval (MAMPA) and the Mining Operation Plan Approval (MOPA). Copies of the report shall be submitted to the Board of County Commissioners (B.C.C.), the Planning Department, the County Administrator and other agencies requesting a copy. Thirty (30) days following receipt of the report in the County Administrator's office, the report shall be placed on the B.C.C.'s consent agenda. Failure to file a timely annual report or to knowingly falsify an annual report shall be grounds for the Department to seek suspension of the approval. SECTION B-4. NOTICE REQUIREMENTS. Written notice will be sent by registered or certified mail to the permanent address of the operator provided in the most recent application for an operating approval or for 20

21 modification or renewal of such an approval. shall be required. No other notice SECTION C. SECTION C-l. STANDARDS. SETBACKS, BUFFERS, BERMS. I. SETBACKS. The following minimum distances from the permittee property line shall be maintained for the identified adjacent property uses: A. Residential Subdivisions (lots less than 1 acre), Multifamily, Hospitals, Life Care Centers: Excavation Stockpiles 500 feet 500 feet (300 feet for sand mining) Blasting 500 feet Processing 1500 feet (500 feet for sand mining or for portable crushers) Dikes 300 feet B. Commercial, Office, Institutional, Active and Developed Passive Recreation, Agriculture/Residential Subdivision (lots 1 acre and larger): Excavation 300 feet Stockpiles 300 feet Blasting 300 feet (minimum 500 feet from protected structure including cemeteries) Processing 1000 feet (300 feet for sand mining or for portable crushers) Dikes 200 feet C. Agriculture, Industrial, Utility, Public Roads, Forest, Open Space: Excavation 100 feet Stockpiles 100 feet Blasting 100 feet (minimum 500 feet from protected structure) Processing 500 feet (300 feet for sand mining; 100 feet for portable crushers) Dikes 100 feet II. BUFFERS. The following are minimum buffer requirements for mining operations: A. Where Required. If mining activity is located within 1500 feet of land not owned or controlled by the mine operator, it shall be considered to be contiguous and must provide a visual buffer. 21

22 B. Length. The buffer shall be of sufficient length so as to shield mining activity from land uses protected in II A (above). C. Depth. A minimum of 100 feet measured perpendicular from the property line. D. 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 on eighty percent (80%) opacity standard. Berms, towers, stockpiles and other similar items which extend above the buffer need not be shielded. The clearing and stripping of vegetation from the land shall not require the preestablishment of a buffer. E. 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: 1. A one hundred (100) foot vegetative screen is standard, except where a berm is necessary. Where a berm is necessary, the outer fifty (50) feet of the buffer must consist of the vegetative screen; 2. If trees exist in the vegetative screen area they must remain; 3. If sufficient vegetation does not exist, the vegetative screen area shall be planted at spacings and with species to be established in the Mining Operation Plan. All plantings shall consist primarily of perennial species native to the area; 4. All plantings used in the buffer must be compatible with the soils in the area as specified by the county forester. F. Removal. A buffer must remain in place until mining activity (not including reclamation) has been moved 1500 feet from the property line. The vegetative screening should remain in place until a future land use is established, unless the area is included in the Reclamation Plan. III. BERMS. The following are requirements for berms where utilized to augment vegetative buffers: A. The berm shall generally run parallel to, and no closer than 50 feet from, the property line. The above two 22

23 standards may be modified where there are impeding physical features (wetlands, etc.) B. The berm shall be built to the height necessary (not to exceed 10 feet above the natural surface of the ground) to shield mining activity located within 1500 feet of 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. C. The berm must be stabilized with the planting of vegetation. Sloping requirements for the exterior face of the berm shall not exceed 2:1. D. Adequate control shall be provided to protect the adjacent properties from additional run-off caused by the earthen berm. IV. ALLOWABLE ACTIVITIES. The following activities are allowed within the setbacks and buffer areas. A. Within setbacks, the following activities are allowed: Roads, Fences, Berms, Utility Services, Buffers, Agriculture, Silviculture, Reclamation, and Monitoring. B. Within buffers, the following activities are allowed: Berms (for a buffer), Reclamation, Monitoring and Fences located within the inner or outer five (5) feet of the vegetated screening. V. REDUCTION IN REQUIREMENTS. The County may eliminate or reduce the setback, buffer and berm standards set out above if one of the following circumstances exist: A. Written authorization has been provided from the adjacent property owner ( s ) agreeing to the elimination of, or reduction in, setback, buffer and/or berm requirements. B. A variance has been obtained in accordance with Section A-6 of this ordinance. SECTION C-2. DAMS AND DIKES. I. Earthen dams shall be constructed and maintained in accordance with the State or Federal Regulatory Minimum Requirements for Earthen Dams, Phosphate Mining and Processing Operations. II. A planned maintenance program shall be developed by the operator and maintained on file. The following items m~st be included: 23

24 A. Maintenance of erosion control, B. Inspections conducted on a monthly basis by company personnel, C. Annual inspection and sealed certification of visual condition by a professional engineer, D. Incorporation of the respective state department or agency rules on: freeboard, seepage, condition of soil surfaces of the dam, condition of the spillway and water level control structures and the condition of the drainage ditches. III. The standards on dam maintenance shall apply to all impoundment areas regardless of DER grandfather provisions. IV. The mining operation shall notify the County of any negative results noted in the required inspection and/or any discharge from any emergency sturctures, onto adjoining property not owned or controlled by the mining operation, exceeding five (5) gallons per minute. SECTION C-3. VIBRATION, BLASTING. I. VIBRATION. Explosives shall not be detonated in an active mining area in which ground vibrations in any plane exceed the thresholds at the site of a protected structure as follows: A..2 or less inches per second peak particle velocity at a 1 or less hz at the site of a protected structure; B..75 inches per second peak particle velocity at between 1 and 12 hz at the site of a protected structure; or, C..8 inches per second peak particle velocity at 13 hz at the site of a protected structure; or, D..9 inches per second peak particle velocity at 14 hz at the site of a protected structure; or, E. 1. a inch per second peak particle velocity between 15 and 100 hz at the site of a protected structure. II. AIR BLAST OVERPRESSURE. The conduct of Mining Operations, including the detonation of explosive charges related thereto, shall not exceed any of the following safe maximum air blast overpressure levels at the site of a protected structure: 24

25 Lower Frequency Limit of Measuring System in HZ 3 db 1 Hz or lower--flat response 2 Hz or lower--flat response 6 Hz or lower--flat response C-weighted --slow response Measurement Level db 134 peak 133 peak 129 peak 105 peak dbc III. BLASTING CONDITIONS. The following conditions apply to blasting: A. Blasting will be permitted only between the hours of 8:00 a.m. and 5 p.m., Monday through Saturday. If an area is deemed to be remotely located from residential areas, the Board of County Commissioners may permit blasting to occur during all daylight hours, sunrise to sunset. In accordance with applicable federal and/or state safety standards, blasting may occur at any time for a hazardous condition with notice being given to the County on the next business day. B. In instances where the blast site is sufficiently close to a public road so as to constitute a public safety hazard, the mine operator shall temporarily control vehicular traffic during blasting operations by conspicuously posting "Danger! Mine blasting" signs along the blast area where a public or private road is less than 200 feet distant and at the junction of access roads leading to the blast site. Operators shall be prohibited from allowing rock, debris, or refuse to be blast propelled from the mine property onto adjacent private property. C. Blast monitor equipment shall be used in accordance with manufacturer's recommendations in order to obtain accurate vibration readings. IV. REPORTING REQUIREMENTS. The following reporting requirements apply: A. Blasting records, notices of ordinance violations issued, and investigations of complaints for alleged violations, will be maintained by the County. B. Each operator shall monitor and record the daily vibration amplitudes. The operator shall bear the expense of securing the appropriate seismograph or other comparable continuous vibration recording instrument, together with any necessarily associated consulting or interpretive services. 25

26 C. The operator shall file monthly blast reports with location of the seismograph with the County showing the peak vibrations for each blast occurring during the month. These reports shall be due within thirty (30) days of the end of each month. V. BLASTING AND USER PERMITS. If blasting or any other use of explosives is to be conducted in conjunction with mining operations, the following must be met: A. No permit shall be issued by the County until copies of the Blaster and User Permits required and issued by the State of Florida have been submitted. B. No blasting shall be conducted in conjunction with mining unless such permit copies have been filed with the application. SECTION D. SECTION D-l. RECLAMATION. RECLAMATION PLANS. I. APPLICATION. An application for a Reclamation Plan Approval shall comply with the following procedure: A. A written application for a Reclamation Plan Approval shall be submitted simultaneous with the application for each Mining Operation Plan Approval (MOPA). The submittal of the application for Reclamation Plan Approval shall be on an application form approved by the Board of County Commissioners. The application form shall indicate the required information, which shall include the following: 1. A proposed Reclamation Plan for all areas scheduled for reclamation during the time period proposed in the MOPA at an appropriate scale (size of drawing(s) may not exceed 36 inches by 48 inches) depicting the following: a. North arrow, date and scale b. Mine property lines and existing residential structures within 500 feet of proposed reclamation c. Existing rights-of-way, easements, utility lines or other natural or man-made features of which could be impacted by reclamation d. Pre-mining vegetation e. Pre-reclamation topography f. Post-reclamation topography and drainage g. Cross-sections of reclaimed sheer walls or water bodies 26

27 II. REVIEW h. Post-reclamation vegetation i. Structures j. Reclamation phasing k. Greenways if established on or on property immediately adjacent to the area submitted for reclamation. 2. A post-reclamation vegetation plan, prepared by a qualified professional, which will include a species list and replanting program. This plan may also address wildlife habitat enhancement and postreclamation maintenance. 3. A time schedule and the description of the proposed reclamation, consistent with the standards established in Section 0-2 of this Ordinance. 4. A Reclamation Report consistent with Section 0-5 A of this ordinance. 5. A qualified professional's certified estimate of reclamation costs. The application for Reclamation Plan Approval shall be reviewed simultaneous with the MOPA, utilizing the same review procedure established in Section B-2 II of this ordinance. III. ISSUANCE A. If the application for Reclamation Plan Approval is consistent with the Mining Master Plan Approval (MAMPA) and conforms with the provisions of this ordinance, a Reclamation Plan Approval shall be issued. B. If the application for Reclamation Plan Approval fails to conform to this ordinance, or is not consistent with the maps, an approval shall not be issued and written notice shall be delivered to the applicant stating the reasons for the denial and any modifications in the application which would make it acceptable. The applicant may thereupon modify his application with the County or seek judicial remedy. C. General Conditions: 1. Violation of the conditions of the Reclamation Plan Approval shall be treated as a violation of this ordinance and may constitute a basis of enforcement action under Section E of this ordinance. 27

28 2. A Reclamation Plan Approval shall not be issued prior to the receipt of evidence of reclamation security in accordance with Section D-4 of this ordinance. 3. The plan shall provide that reclamation activities shall be completed within three (3) years after mining has been completed on any segment of the active mining area or prior to the next MOPA. IV. MODIFICATION. The following provisions are applicable to the modification of a Reclamation Plan Approval: A. Application. The operator may apply at any time for a modi f ication in the Reclamation Plan Approval. 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 ordinance. 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. 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. B. Issuance. The Department may approve a proposed modification of the Reclamation Plan Approval where it is consistent with the standards of this ordinance and the modification is not considered by the Department to be substantial in nature. I f the Department determines that the proposed modification is substantial or is not in conformance with the standards of this ordinance, the application for modification shall be brought forward for review by the Board. C. Conditions. No modification shall become effective until changes required have been made in the reclamation security, consistent with Section D-4 of this ordinance. SECTION D-2. STANDARDS. I. INTERIM RECLAMATION A. General. the following standards are applicable in areas where extraction has been completed through a rock strata, there is an intention to mine the underlying rock strata at some later date, and mining activity will cease 28

29 for more than five (5) years and consistent with the operator's approved MAMPA and MOPA. 1. Where a sheer wall occurs above the water line, a transition shelf designed in accordance with the rules of the Department of Natural Resources shall be established. Access controls such as berms, fences must remain in place. 2. The area shall generally be cleared of mining equipment and shall not be utilized for purposes which could contaminate the underlying aquifer, such as a cattle feed lot, storage or dumping of possible contaminants. 3. A Wildlife Enhancement Program shall be implemented with the express objective of accelerating the use of the area by the surrounding wildlife and creating a diversity of ecotones. The Program narrative and scope, prepared by a qualified professional and approved as part of the Reclamation Plan, shall be specific to the subject area and shall utilize measures such as the examples listed below to accomplish the wildlife enhancement objective: a. Clustering any remaining large boulders in several areas in order to provide cover for smaller animals. b. Enhancing with native vegetation of overburden piles to reduce the potential for erosion to provide forage and cover for wildlife; c. The introduction of species-specific nesting boxes and artificial "snags" to increase the use of the area by birds; d. Establishment of timber and brush piles from onsite land clearing operations to provide cover and additional feeding sites as the material decays; e. Ensuring access for wildlife from adjacent natural areas by sloping of sheer walls as necessary; f. The retention of water as ponds or wetlands, if feasible, in a portion of the subject area; 29

30 g. Enhancing the growth of food plants by utilizing topsoil from clearing operations to establish seeded plots. h. The maintenance or establishment of seed islands within expansive mine areas. 4. The operator has the option of reclaiming the area to final reclamation standards Section D-2 II of this ordinance. II. FINAL RECLAMATION. The following standards apply to all areas (not otherwise governed for reclamation under Section A-S A of this ordinance) where mining is completed or a rock strata has been mined and mining activity is not scheduled for resumption for a period of twenty (20) years. Final reclamation shall be consistent with the operator's MAMPA and MOPA: A. General 1. Vegetation shall occur or be re-established throughout the site, except for approved sheer walls, resulting water bodies, areas to be utilized as settling ponds or areas approved by the County for other land uses. 2. Twenty (20) percent of the area must have retained or re-established native vegetation consistent with that existing on the site prior to the mining activity. 3. Revegetation of reclaimed areas shall be designed to provide for natural vegetative associations which will mature to productive wildlife habitat. Revegetation shall consist primarily of perennial species native to the area or other species approved by the Department. The methods of its establishment shall be specified and shall be consistent with accepted and recommended agronomic practices. Whenever possible, the species of vegetative cover reestablished shall closely resemble those found on the active mining area prior to mining operations. 4. All overburden and spoil banks shall be left in a configuration which is in accordance with accepted conservation practices and which is consistent with the approved future use of the land or a proposed use for which a rezoning or Comp Plan amendment has been filed. Whenever practical, said overburden and spoil banks shall be used as topsoil to facilitate revegetation of slopes and other 30

31 surfaces. Overburden must be retained on site in sufficient quantities to support reclamation purposes. Any removal of soil off site must be approved as part of the Mining Operation Plan Approval (MOPA). 5. If nuisance exotic vegetative species have occurred naturally in the area and the effects are determined by the Department to be hazardous to reclamation efforts, the operator must use acceptable control mechanisms to eliminate the nuisance species. 6. Except for sheer walls, the final slopes after reclamation shall not exceed a steepness of three (3) horizontal feet to one (1) vertical foot. 7. The establishment of wetlands on a portion of the reclaimed area, if feasible, shall be considered. 8. Provisions for safety to persons, livestock, and to adjoining property must be provided. B. Sheer Walls 1. Where a sheer wall occurs above the water line and within 1000 feet of mining property boundaries, it shall be sloped. Slopes shall not exceed two (2) horizontal feet to one (1) vertical foot. 2. The slope shall be stabilized, if necessary, with the planting of vegetation compatible with the soil type and approved by the Department. 3. Where the sheer wall is not within 1000 feet of the mining property boundaries or an access area, a transition shelf designed in accordance with the rules of the Department of Natural Resources shall be established. C. Open Water Bodies. The following reclamation standards apply to water bodies. 1. Open water bodies do not have to be reclaimed to a different land cover; however, one of the following shorelines shall be provided: a. A littoral shelf not less than 18 feet in width, built in accordance with the standards established by the Florida Department of Natural Resources; or, 31

32 b. A straight slope not steeper than four (4 ) horizontal feet to one (1) vertical foot and extending downward to a average water depth of six (6) feet. 2. The establishment of a littoral zone or slope may not be required where the Board has previously approved a future land use not conducive to the establishment of a littoral zone. D. Settling Ponds. Where areas have been utilized as settling ponds, the area may be reclaimed as a wetland, an upland or a combination of uplands and wetlands. Final reclamation standards A. 1,3,5,6 & 8, above apply. In addition, the Reclamation Plan must address the following: 1. The abandonment of dikes and embankments in a manner that does not endanger adjacent properties. 2. The long-term maintenance of any remaining dikes and embankments. 3. Methods to be utilized to de-water ponds which are to be reclaimed as uplands. 4. The use of topsoil to facilitate the revegetation process. SECTION D-3. INSPECTIONS. I. INSPECTIONS A. The County shall have the right to enter upon the mine property for the purpose of making an inspection (scheduled or unscheduled) of ongoing or completed reclamation. Such entry shall be made at a reasonable time and in the company of a duly appointed representative of the operator. If any deficiencies are noted during such inspection, the Department shall give written notice to the operator within thirty (30) days following the inspection. B. The operator shall thereupon commence action within thirty (30) days to rectify these deficiencies and shall diligently proceed until they have been corrected. C. The Department may extend performance periods referred to in this section for delays clearly beyond the operator's control, but only in cases where the Department finds that the operator is making every reasonable effort to comply. 32

33 II. FINAL INSPECTION A. Upon completion of reclamation, or a substantial portion, the operator shall notify the Department and request a final inspection. B. The Department shall make an inspection of the area within thirty (30) days and if it finds that reclamation has been properly completed, it shall within thirty (30) days notify the operator in writing that the requested release of security will be scheduled before the Board. SECTION D-4. RECLAMATION SECURITY. I. ESTABLISHMENT A. No MOPA shall become effective until the operator has deposited with the County an acceptable form of security for required reclamation. B. Security shall be provided for all areas approved for disturbance in the MOPA and for those areas which have previously been disturbed for mining, are not yet reclaimed, and are not otherwise determined to have been governed for reclamation under Section A-5 A of this ordinance. C. The following conditions shall be set on the security: 1. The security must be continuous in nature and shall remain in force until canceled by the surety or released from coverage by the Board pursuant to this ordinance. 2. Cancellation of the security shall be effectuated only upon sixty (60) days prior written notice thereof to the Board and to the operator. The operator must replace the security prior to the expiration and if it is not replaced, it will be deemed a default and the County shall have the rights to the proceeds. 3. The applicant shall have the option of filing separate security for each operating approval or of filing blanket security covering all mining operations within the County for which he holds approvals. 4. The security shall be for the following amounts: a. For areas disturbed prior to this ordinance and not otherwise governed for reclamation under 33

34 Section A-S A of this ordinance amounts specified in the 1978 Ordinance. b. For areas disturbed in accordance with the issuance of a Mining Operation Plan Approval (MOPA) - 100% of a qualified professional's cost estimate of reclamation costs, with that qualified professional's estimate being acceptable to the Department. S. The security shall be conditioned upon the faithful performance of the requirements set forth in this ordinance. Liability under the security shall be maintained as long as reclamation is not completed in compliance with the approved Reclamation Plan or until the security is reduced or released pursuant to Section 0-4 II of this ordinance. 6. Notification shall be given upon completion of compliance or upon acceptance by the County of a replacement security. In no event shall the liability of the security exceed the amount of the security required by this ordinance. 7. If the license to do business in the State of Florida of any security filed pursuant to this act should be suspended or revoked, the operator shall within sixty (60) days after receiving notice thereof, substitute for such security a good and sufficient corporate security authorized to do business in the State of Florida. Upon failure of the operator to make such substitution, his MOPA shall automatically be suspended. D. Acceptable security will include one of the following: 1. Cash, surety acceptable to the County and licensed to do business in the State of Florida, Certificates of Deposit, Negotiable Securities or the assignment of a Savings Account. 2. A lien against undisturbed or reclaimed land that is not part of the MOPA and has an appraised value of at least 100% of the required reclamation security, provided that such land is acceptable to the Board. 3. Such other form of security acceptable to the Board. 34

35 II. REDUCTION in security may be permitted by the methods outlined below. The reduction in security shall last for the life of the MOPA, but shall not affect the operator's obligation to complete scheduled reclamation. A. The donation of property acceptable to the Board which has an appraised value of at least the cost of a surety for the estimated period for reclamation. B. The reclamation of an area acceptable to the County determined to be governed under Section A-5 A of this ordinance. The operator shall provide the Department with both the projected and actual cost of the reclamation. The reduction in security will be determined by equating the actual cost of the reclamation performed with the cost of a surety for the estimated period of reclamation. C. An additional environmental mitigation program acceptable to the County where the actual costs of the mitigation are at least equal to the cost of a surety for the estimated period for reclamation. III. RELEASE A. The Board shall provide the operation with a written release of its reclamation obligations on the approved reclamation areas, and shall release ninety percent (90\) of any security which the operator has posted in accordance with this ordinance. Ten percent (10\) will be retained by the County in order to ensure the viability of the plantings. B. The land will be inspected by the Department every year for a period of two (2) years to determine an eighty percent (80\) survivability rate of the plantings. If necessary, replantings will be required. At the end of the two (2) year inspection period, a release of the remaining security will be granted provided that the plantings and/or replantings are acceptable to the Department. IV. FORFEITURE A. If, at any time, after having received notice of deficiencies, an operator fails to initiate corrective action or show cause for not taking such action within the thirty (30) day period immediately following receipt of notice, the County may initiate forfeiture proceedings against the security filed by the operator under this ordinance. Such failure may also constitute grounds for the suspension or revocation of the MOPA. 35

36 B. If the County determines that security forfeiture proceedings are necessary, the following procedure will apply: 1. The County Attorney will initiate proceedings against the security filed by the operator. 2. No request shall be made for forfeiture of security until written notice of the violation has been given and a reasonable opportunity has been provided to take corrective action. 3. The face amount of the security less any amount released by the County, shall be treated as liquidated damages and subject to forfeiture. 4. All funds collected as a result of such proceedings shall be placed in a special fund to be used by the County through its authorized representatives to carry out, to the extent possible, the reclamation measures the operator failed to complete. 5. Any funds not utilized when reclamation has been completed shall be refunded to the party from whom they were collected. 6. Any funds collected pursuant to this section shall be utilized or obligated for reclamation within three (3) years of collection of the funds or within three (3) years of the conclusion of any judicial proceedings, whichever comes later. 7 Any funds collected but not utilized or obligated within this time period shall be returned to the party from whom they were collected. SECTION 0-5. RECLAMATION REPORTS. A. As part of the proposed MOPA, the operator shall file a report of activities completed during the time period of the previous MOPA and those proposed during the new MOPA. This report shall be prepared on a form prescribed by the Department and shall include, but not be limited to the following: 1. Identification of the mine, the operator and the assigned approval number; 2. Acreage disturbed by mining during the time period of the previous MOPA; 36

37 3. Detailed description of reclamation carried out during the time period of the last MOPA; 4. Estimate of acreage to be newly disturbed by mining in the proposed MOPA; 5. Maps showing location of (2), (3), and (4) above and identifying the activity. B. The Annual Monitoring Report. As part of the required annual report, as described in Section B-3 Monitoring, the operator shall detail the extent of any reclamation activities. 1. Number of acres reclaimed. 2. Number and types of vegetation planted. 3. Consistency of the reclamation to the submitted reclamation plan. 4. Survivability of the plantings. 5. Evidence of wildlife usage. SECTION E. SECTION E-I. ENFORCEMENT. SUSPENSION OR REVOCATION OF MINING APPROVALS. A. The Department shall serve written notice of its intent to request a hearing by the Board of County Commissioners to the operator of a mine if one of the following has occurred: I. Violations against this ordinance; or, 2. Operator does not respond to County directives; or, 3. Violations of applicable federal or state standards of air quality, surface water quality or ground water quality as determined by the appropriate agency, or 4. Violations of the terms and conditions of the approval including the approved Reclamation Plan. B. The written notification shall include the date, time and place of the hearing. The hearing shall not be less than 30 days nor more than 60 days after the date of notice 37

38 unless the Board of County Commissioners and the operator mutually agree on another date. C. The hearing before the Board of County Commissioners shall proceed as follows: 1. The Department shall present evidence that it has reasonable cause to believe that a violation has taken place or exists. 2. The operator may appear at the hearing, either personally or through counsel counter the charges alleged by the Department. 3. If the Board of County Commissioners determine that sufficient ground exist, the Board may issue an order to the operator to comply and a time frame to do so, order mitigating action, suspend or revoke the Mining Operation Plan Approval (MOPA). 4. The Board of County Commissioners shall have thirty (30) days to provide written notice to the operator setting forth its findings and the basis for its decision to suspend or revoke. 5. The effective date of any such suspension or revocation shall be sixty (60) days following the date of the decision, except for health and safety, if the violations represent imminent threat to health and safety issues. Any appeal of the County decision shall be through the judicial system except that reinstatement of a suspended permit may be sought whenever the operator feels that the violation(s) has or have been corrected. 6. If the Board of County Commissioners finds, at the time of its initial decision, that any delay in correcting a violation would result in imminent peril to life or danger to property or to the environment, it shall immediately initiate a proceeding for injunctive relief through the county attorney. A pending appeal from a suspension or revocation of an approval shall have no effect upon such action. 7. An aggrieved party may appeal a final administrative order of the governing body to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the governing body. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. 38

39 8. Any operator whose approval has been suspended or revoked shall be denied a new approval to engage in mining until he gives evidence satisfactory to the Board of County Commissioners of his ability and intent to fully comply with the provisions of this ordinance, and the terms and conditions of his approval including the approved Reclamation Plan, and that he has satisfactorily corrected all previous violations. D. There are two types of violations of this ordinance that may occur: 1. reversible and repairable; and, 2. irreversible and irreparable. E. Each and every operational violation of this ordinance will be considered irreversible and subject an immediate citation in accordance with Chapter 162 F.S. F. Each and every administrative violation of this ordinance will be considered reversible and shall be treated in accordance with Chapter 162 F.S. G. The County may revoke or suspend any mining approval where a violation has not been resolved within the stated time frame or for repeated violations of the ordinance. The violation will be considered resolved only when the standards are met. H. If an operator begins or continues mining and no valid mining approval is held a restraining order shall be obtained upon application to the proper court of record and evidence of lack of a mining approval shall establish a prima facie case for issuance of a restraining order. I. The County shall have the right of ingress and egress to the mining property at any time provided reasonable notice is given to the operator and proper check in procedures are followed. SECTION E-2. PENALTY FOR VIOLATIONS. A. In addition to other penalties provided by this ordinance, any mining operator who engages in willful violation of the provisions of this ordinance or who willfully misrepresents any fact in any action taken pursuant to this act or willfully gives false information in any application or report required by this ordinance, shall be guilty upon conviction of a misdemeanor punishable as provided in Chapter 125 of 39

40 Florida statutes. Each day of continued violation after receipt of written notice shall constitute a separate offense. B. This ordinance may be enforced in accordance with the provisions of Chapter 1.8, or Chapter 2, Article 111, Hernando County Code of Ordinances or in accordance with any applicable provisions of law. C. Any person who trespasses or willfully removes the no trespassing signs required under this ordinance or any other signs required by federal or state regulatory agencies shall be guilty upon conviction of a misdemeanor punishable as provided in Chapter 15, Florida Statutes. SECTION E-3. PRIVATE RELIEF AGAINST NUISANCE OR HAZARD. No provision of this ordinance shall be construed to restrict or impair the right of any private or public person, association, corporation, partnership, office or agency to bring any legal or equitable action for redress against nuisances or hazards. SECTION E-4. APPEALS. Any operator whose approval has been suspended or revoked shall be denied a new approval to engage in mining until he gives evidence satisfactory to the Board of County Commissioners of his ability and intent to fully comply with the provisions of this ordinance, and the terms and conditions of his approval including the approved Reclamation Plan, and that he has satisfactorily corrected all previous violations. SECTION F. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance, for any reason, is held to be unconstitutional, void or invalid, the validity of the remaining portions of said ordinance shall be not affected thereby. SECTION G. INCLUSION INTO THE CODE. The provisions of this Ordinance shall be included and incorporated in the Code of ordinances of Hernando County, and the Hernando County Land Development Regulations, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION H. EFFECTIVE DATE. The effective date of this ordinance shall become official upon recording of the official acknowledgement from the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with said office. 40

41 Adopted by the Board of County this 29th day of June, Commissioners in regular session Board of County Commissioners Hernando County, Florida Karen Nicolai, Clerk of the Circuit 41