Special Magistrate Hearing Lecanto Sand Mine

Agenda items

• 1) After excavation is complete and upon reclamation of the site, the banks of the excavations must be sloped at a ratio not greater than four (4) horizontal to one (1) vertical from the top of the finished grade to an elevation of four feet below the dry season water depth or as specifically provided in FDEP or SWFWMD approval for mining reclamation. RECLAMATION PLAN ATTACHED EXHIBITS F1-F4.
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• 1) All current Federal, State, and Regional permits shall be listed. Permit revisions requested or received since the last reporting period shall be summarized.
• 1) Mining activities which are conducted within one-thousand (1,000) feet of a County or State maintained public road, residential structure, permanent building or public park shall be screened from view. A 100 FT VEGETATIVE BUFFER WILL BE PRESERVED AROUND ALL PROPERTY LINES. 2) A planted vegetation buffer meeting the standards of this LDC must be maintained. A berm eight (8) foot in height, that meets the following standards may be incorporated into a vegetated buffer where existing native vegetation is lacking. Native vegetation of no less than one hundred (100) feet in average depth may substitute a planted buffer, provided such buffer provides the equivalent of a Type "D" enhanced buffer. Such buffer may be bisected by natural or manmade features such as wetlands or access roads.
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• 1) Satisfy the minimum street construction standards specified in the LDC; and
• 1) The reclamation plan indicates how access will be made to future development;
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• 1) Water areas shall have a diversity of shallow and deep areas within littorial shelves to enhance lake productivity for fish and wildlife.
• 1. Air Pollution: Mining equipment, vehicles, stockpiles, roadways, and machinery shall be properly maintained and operated. Operations shall be conducted to minimize air pollution, including fugitive dust emissions. Dust shall be periodically removed from paved public roadways. All trucks used for hauling shall be maintained in a clean condition and shall have load covers, to prevent dust from causing a public nuisance. Accumulated material and dust shall be removed from any paved public roadway within twenty-four (24) hours of notification by the County or agency having jurisdiction. UNDERSTOOD AND IS COVERED IN THE CSWMP PLAN I1 & I2. DUE TO THE EXISTING ROADWAYS SURROUNDING THE SUBJECT PARCEL ALL BEING LIMEROCK/DIRT ROADWAYS TRACKING SHOULD NOT BE AN INCONVIENVCE.
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• 1. COMPREHENSIVE PLAN AMENDMENT
• 1. Introduction
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• 1. Introduction…………………………………………………………….………….. 2
• 1. The geotechnical report shall be performed by a Professional Engineer or Professional Geologist. A SEASONAL HIGH WATER TABLE SUMMARY REPORT PERFORMED BY CREATIVE ENVIRONMENTAL SOLUTIONS IS ATTACHED.
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• 10. Traffic Circulation: Unless specified otherwise in the mining permit, the
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• 11. Reclamation Standards: Mining operations will be subject to reclamation. Unless specified within an ERP, reclamation shall be subject to the following reclamation standards. The Board of County Commissioners may modify these standards as a condition of approval when in the public interest, or where they determine a particular requirement unnecessary due to unusual circumstances. These conditions are not intended to conflict with the wetland permitting requirements of the U.S. Army Corps of Engineers, FDEP or SWFWMD. If differences exist, adjustments necessary to resolve the conflicts are acceptable for review. RECLAMATION TO MATCH THAT IN THE SWFWMD ERP IS REQUESTED.
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• 12. Reporting Standards and County Monitoring: In order to establish baseline conditions and to evaluate compliance with applicable environmental standards during the course of mining activities, the mine operator, in conjunction with the property owner must provide a Biennial Mining and Reclamation Report that establishes and maintains an environmental monitoring program. Said report shall commence not less than one year prior to submission of an application for Master Mining Plan approval and shall continue until all reclamation efforts for the mine have been approved by the Director. A BIENNIAL MINING AND RECLAMATION REPORT WILL BE SUBMITTED TO THE COUNTY EVERY TWO YEARS. IT WILL ADDRESS THE ITEMS BELOW, INCLUDING THE FINDINGS OF THE MONITORING PROGRAM.
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• 13. Compliance
• 162. UNDERSTOOD.
• 2) A report on the status of any enforcement actions or investigations.
• 2) Be constructed to a minimum throat depth of 300 feet on the subject property.
• 2) Subaqueous slopes shall be no steeper than four (4) horizontal to one (1) vertical out to four (4) feet below the dry season water table within littorial shelves.
• 2) The excavation banks must have a revegetated littoral shoreline of at least 150 feet in length along the perimeter when abutting a residentially zoned area or district. SHORELINES WILL BE RECLAIMED PER SWFWMD PERMIT
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• 2) The reclamation plan indicates that the setback area will not be developed after restoration; or
• 2. Days/Hours of Operation: The hours of operation of any mine for which a mining permit under this Section is required shall be between the hours of 6:00 a.m. to 6:00 p.m., Monday through Friday, and between the hours of 7:00 a.m. to 12:00 p.m. on Saturday. No operation of any mine shall be permitted on Sunday. For purposes of determining the days and hours of operation as provided herein, the term "operation", in addition to those activities referenced in the definition section of this code, includes the staging of vehicles, but shall not include the routine maintenance or repair of machinery. The hours of operation for any mine may be
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• 2. Financial Responsibility: Any applicant for a mining permit shall submit with the application, and any holder of a current mining permit shall submit within sixty (60) days of the adoption hereof, proof of property and personal injury and liability insurance or an approved self-insurance plan, that satisfies the following: A FINANCIAL RESPONSIBILITY LETTER FROM THE OWNER IS ATTACHED. FINANCIAL RESPONSIBILITY DEMONSTRATION WILL BE PROVIDED AT THE APPROPRIATE TIME.
• 2. It shall utilize a professionally acceptable methodology establishing to a reasonable degree of technical certainty the condition and elevation of the affected aquifer in a normal state unaffected by mining activity (pre-mining aquifer conditions). Pre-mining aquifer conditions shall be utilized as baseline conditions to evaluate the adequacy of mitigation measures and successful reestablishment of hydrology after reclamation is complete. PROFESSIONAL ASSUMPTIONS SUPPORTING THIS EVALUATION ARE SUMMARIZED IN THE REPORT REFERENCED ABOVE.
• 2. Physical Setting ……………………………………………………………..…….. 2
• 3) A biennial monitoring summary which shall include reports on the results of all required surface and ground water monitoring programs and air emission monitoring.
• 3) A closer setback will not be injurious to other property owners and the mining owner or operator agrees to fence the mining site nearest private property under separate ownership if deemed necessary by the Board of County Commissioners.
• 3) A minimum of 25 percent of the post construction lake (mine) perimeter length is required to have planted a littoral shoreline. The littoral shelf must be a minimum of 10 feet wide. Reclamation shall compliment post mine uses.
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• 3) On a case by case basis, the County may allow the use of other methods of buffering where the maintenance of a vegetated buffer is impracticable or impossible. Such other methods shall be limited to construction of a fence of at least ten (10) feet in height or construction of an earthen berm without the vegetative buffer plantings. Any fence or earthen berm shall be sufficient to ameliorate sound effects and shall achieve one-hundred (100) percent visual opacity to a minimum height of at least ten (10) feet. Berms must meet the standards specified above.
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• 3. Excavation Standards
• 3. It shall include a plan for monitoring and reporting, which shall include the following: COUNTY WILL BE COPIED ON MONITORING AND REPORTING REQUIRED BY SWFWMD PERMIT
• 3. Wetlands…………………………………………………………………………… 4
• 4) A summary of any release of hazardous or toxic waste, hazardous material, pollutants, or other regulated materials in excess of established minimum quantities.
• 4) Reclamation shall improve water quality and create wildlife habitat.
• 4. Groundwater Impacts
• 4. Observed Listed / Non-Listed Wildlife Species………………….……………...… 4
• 5) Littoral plants must meet the standards of the LDC unless otherwise stated within the ERP. If applicable, organic soils from impacted wetlands on site shall be used in creation of littoral shelf area.
• 5) Signed and sealed topographic surveys that provide the depth of the mine.
• 5. Potential Listed Wildlife Species……………………….......................................... 5
• 6) The littoral shelf must be protected from impacts during and after mining.
• 6) The status of all reclamation conducted.
• 6. Listed / Invasive Exotic Plant Species …………..................................................... 15
• 6. Minimum Acreage: New mines or expansion of existing lawful mines must meet the following minimum acreages. For an expansion permit, the total combined acreage of the existing and expanded mine must equal or exceed this standard:
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• 7) The status of all reclamation permits or authorizations which are currently being sought from any regulatory agency.
• 7. Recommendations………………………………..................................................... 16
• 7. Screening
• 8. Appendices………………………………………………………….……….…….. 18
• 8. Setbacks
• 9. Surface Waters and Wetlands: No alteration of wetland areas shall occur except where necessary to make reasonable extractive use of the property. Alteration of wetlands shall be in accordance with
• B. Development Standards: New mining districts, expanded mining districts, and expanded mines must be located, designed, and operated to be compatible with surrounding private and publicly owned lands with special considerations given to surrounding conservation and residential districts. Mining activities will be subject to the following design standards. The Board of County Commissioners may adopt modified conditions of approval pursuant to the Planned Unit Development standards of this LDC when in the public interest and expressed in formal findings of fact.
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• D. APPEAL PROCESS AND MEETING PROCEDURES
• D. APPEAL PROCESS AND MEETING PROCEDURES
• D. APPEAL PROCESS AND MEETING PROCEDURES
• G. APPLICATIONS
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• G. APPLICATIONS
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• a) For any earthen berms approved hereunder, the toe of the slope nearest the public road shall be at least fifty
• a. A parking area large enough to accommodate all transport vehicles used for the mining operation shall be provided on site unless alternative transportation method is used (e.g. barge). The parking area shall be accessible prior to hours of operation. Trucks, other vehicles, or other equipment used to conduct mining operations shall not stand or park on public road rights-of-way.
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• a. All disturbed areas of the subject property must be revegetated within twenty-four (24) months after completion of operations in the mining unit or phase, or within twenty-four (24) months after the cessation of excavation activity.
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• a. Any violation or failure to conduct mining operations in a manner which is consistent with the requirements stated herein shall constitute both a violation of the mining permit or other authorization and a violation of the County Land Development Code.
• a. Biennial Mining and Reclamation Report Standards: The biennial Mining and Reclamation Report shall contain the following:
• a. CPA/AA/PUD-2025-00010 Lecanto Sand, LLC
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• a. Except for buffers, berms, fences, access drives, on-site utilities (including stormwater), monitoring wells and wildlife relocation activities, all activities for mining shall maintain the following setbacks: NO STRUCTURES ARE PROPOSED ON THIS PROJECT.
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• a. Maximum depth. Maximum excavation depth shall be determined through the Planned Unit Development approval process after reviewing the site-specific geotechnical reports and recommendations of SWFWMD, FDEP, and County staff, as applicable. The permitted depth shall not exceed the depth permitted by the SWFWMD, FDEP as applicable and shall not penetrate through impervious soil or other confining layer that presently prohibits intermingling of two or more aquifers that degrades water quality. ALL MINING WILL CEASE ABOVE THE TOP OF THE CLAY LAYER OR LIMESTONE LAYER; ONLY SAND WILL BE EXCAVATED.
• a. Mining activity shall not cause unmitigated interference with adjacent or nearby legal users of water. Examples of interference with adjacent or nearby users of water shall include, but are not limited to, lowering of water elevations farm and fish ponds, crop failure, water well failure or significant decrease in well efficiency, or increased irrigation requirements. Proposed mining operations utilizing active dewatering must be approved by the Board of County Commissioners as a PUD application. All dewatering operations shall be conducted to maximize recharge to the aquifer via on-site methods, and in compliance with the Southwest Florida Water Management
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• a. New and expanded mines proposing impacts to wetlands and surface waters must be approved by the Board of County Commissioners as a PUD application.
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• a. Photos
• a. Positioning and installation of rain gauges, staff gauges, and piezometers as necessary to acquire professionally acceptable data on the performance of mitigation measures.
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• a. The amount of insurance shall be a minimum of two million dollars per incident, and five million dollars aggregate.
• b) All earthen berms shall be constructed with slopes not steeper than four (4) horizontal to one (1) vertical in order to permanently support ground cover without any noticeable erosion. Promptly after construction, berms shall be permanently vegetated to present an attractive appearance and prevent soil erosion.
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• b. A vegetative buffer meeting the planting standards of a Type "D" enhanced buffer, fifty (50) feet in width, eight (8) feet in height, and 75% opacity within two years of issuance of the mining permit shall be maintained along all property lines not previously addressed in this section. Native vegetation equivalent to the planting and fifty (50)-foot depth of a Type "D" buffer may substitute for a planted buffer.
• b. Any road connection to any public road is to be constructed and maintained to the standards of the County or FOOT, whichever has jurisdiction.
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• b. Collection of data from all gauges, monitoring wells and piezometers and blasting reports periodically, at a frequency as necessary to accurately assess performance of the mitigation.
• b. Excavation will not be conducted within jurisdictional wetlands unless a permit has been issued by the appropriate Federal, State or Regional agency (a copy of such permit shall be included with the Master Mining Plan or Mining Permit application).
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• b. Failure to comply with these regulations or any orders, stipulations or requirements of the mining permit shall constitute grounds for suspension or revocation of the mining permit by the Department.
• b. Mapping Exhibits
• b. No mining activity shall cause, in any area beyond the property boundary of the permittee, a violation of any State or Federal groundwater quality standard, nor cause any groundwater used for potable purposes to fail to meet State or Federal primary or secondary drinking water quality standards. UNDERSTOOD. THE MINING ACTIVITY WILL NOT AFFECT GROUNDWATER OR SURFACE WATER LEVELS OR QUALITY OFFSITE.
• b. Penalty for excessive depth. If the excavation exceeds the established maximum excavation depth, the operator of the mining operation together with the property owner will be liable for full cost of restoration plus a penalty of 10 percent of market value per cubic yard (in-situ measure) for each cubic yard of material excavated beyond the maximum excavation depth. This penalty shall not exceed those provided for in F.S. Chapter
• b. Reclamation must be completed within 24 months or within the time specified within the ERP.
• b. Report Submittal: All required reports, including geotechnical, water quality and quantity monitoring, and biennial report shall be submitted to the County electronically in a format approved by the Department. All reports shall be signed and sealed by a Professional Engineer or Geologist as appropriate.
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• b. Setbacks established by the approved mining permit shall be clearly marked prior to initiation of any active phase of mining. Such markers shall remain until mining activities are concluded. UNDERSTOOD.
• b. The liability insurance shall name as the insured the property owner and the applicant, if different than the property owner.
• c) No berms shall be approved for use as screening hereunder which would be located within FEMA flood
• c. All screening as required hereunder shall be maintained in a condition sufficient to satisfy the requirements stated herein for the duration of the mining activity.
• c. Bank Slope.
• c. File Management: The County shall maintain copies of all required reports for at least 10 years.
• c. In addition to standard general commercial liability coverage in the above amount, vibration related personal injury and property damage shall be covered.
• c. Jurisdictional wetlands, lakes, ponds, canals and other water bodies must be shown on site plans and master mining plans.
• c. Preparation and submission of a Biennial Mining and Reclamation Report presenting and interpreting the data.
• c. Reclamation must be completed along the perimeter of excavations below the water table.
• c. The County shall recover all administrative costs associated with investigation and prosecution of violations of this section and shall impose penalties to achieve compliance therewith. Nothing in this section shall prevent the County from taking any legal action necessary to compel compliance with the requirements provided herein.
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• c. The accumulation of materials and water shall be prevented or minimized to the standards of the County or agency having roadway jurisdiction. Upon notice from any authority having jurisdiction the mine owner/operator shall promptly correct such condition, at his expense.
• c. The area of excavation or associated earthworks is set back not less than two hundred (200) feet from the nearest property line unless specifically authorized as a condition of approval assigned by the County. UNDERSTOOD.
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• c. The mine owner/operator shall take measures as necessary to prevent off-site ground water impacts due to dewatering, and to adequately mitigate dewatering effects when and if they occur. Mitigation efforts shall be maintained to ensure required groundwater quality and quantity. UNDERSTOOD. THE MINING ACTIVITY WILL NOT AFFECT GROUNDWATER
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• c. USFWS Standard Protection Measures for the Eastern Indigo Snake
• d. All access roadways must be paved up to the boundary of the subject property. Access for new extractive districts shall be specifically limited to collector or arterial roadways which shall not pass through any residential neighborhood. All roadways within the facility shall be stabilized and maintained. Paved access connections must:
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• d. Disturbed land areas not less than three (3) feet above the original ground elevation, must be graded to a level, gently rolling, sloping or terraced topography, with slopes no steeper than four (4) horizontal to one (I) vertical and in a way to minimize erosion due to rainfall, break up long uninterrupted slopes and make the surface suitable for vegetation.
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• d. Funding of County Mine Monitoring: The mine operator together with the property owner is responsible for payment of costs to review and monitor all required reports, including geotechnical, water quality and quantity monitoring, and biennial reports. A fee schedule shall be adopted by the Board of County Commissioners resolution and reviewed every three (3) years.
• d. It shall propose a mitigation plan for any potential interference or adverse impact on water levels identified in the application for a Master Mining Plan or Mining Permit. The mitigation plan shall demonstrate compliance with Reclamation Standards of this Section.
• d. The insurer shall have a currently valid certificate of authority to provide insurance issued by the office of the Florida Office of Insurance Regulation Commissioner and must be in compliance with all other requirements of the Florida Insurance Code.
• d. The mine owner/operator shall investigate and fully respond to all complaints of water well interference and/or dewatering of adjacent and nearby areas which interferes with the beneficial use of groundwater on lands not under the ownership or control of the permittee hereunder. The County shall require a mitigation plan to mitigate for all documented interference or dewatering in nearby and adjacent areas. Any mitigation plan required hereunder shall become a binding condition of the
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• d. The permittee under any mining permit issued hereunder shall also comply with any applicable setbacks established in, or required by, the County Comprehensive Plan, or any other regulatory permit required pursuant to Chapter 403, Florida
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• d. USFWS Citrus County Listed Species
• d. Wetlands, lakes, ponds, canals and other water bodies shall be protected from the adverse effects of development by compliance with applicable requirements of the U.S. Army Corps of Engineers, the FDEP, and the SWFWMD.
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• e. Additional reclamation requirements may be specified by the County in the mining permit.
• e. FWC State of Florida Threatened / Endangered Species List
• e. In the event that the mine operator fails to implement any mitigation plan approved as a condition to the mining permit, the County shall institute enforcement proceedings pursuant to_ Citrus County Code to require mitigation, together with continued monitoring. The applicant shall be liable to the County for all costs incurred in such mitigation, which shall be collected by the County as provided by Citrus County Code. UNDERSTOOD.
• e. No mining shall be allowed within five-hundred (500) feet of the ordinary or mean high water line of any Outstanding Florida Water.
• e. The Board of County Commissioners may allow reduced setbacks in the context of a Planned Unit Development approval provided: NO REQUESTED SETBACK REDUCTIONS.
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• e. The insurer shall have at least an A+ rating in the latest issue of Best's Key Rating Guide.
• f. A minimum seventy-five (75) foot undisturbed buffer shall be maintained in all areas adjacent to perennial rivers, streams and creeks. A minimum thirty-five (35) foot undisturbed buffer shall
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• f. FNAI Listed Plant Species Database
• f. The implementation and success of any mitigation plan, as well as all complaints of water well interference and dewatering of adjacent or nearby areas, and the mine operator's investigation and response thereto, shall be included in the Biennial Mining and Reclamation Report, unless resolved to the satisfaction of the complainant. UNDERSTOOD.
• f. The insurer shall be a current member in good standing of the Florida Insurance Guaranty Association.
• g. Insurance satisfying these requirements shall be continuously in effect at all times during the term of the mining permit and until all mining operations cease and reclamation is released as provided by Citrus County Code. Failure to comply with the requirements for insurance as stated hereunder shall constitute a violation of Citrus County Code and shall constitute grounds for suspensions or revocation of the Mining Permit.
• g. Invasive / Exotic Plant Species Documentation
• g. Mining within the aquifer must be approved by the Board of County Commissioners as a Planned Unit Development. UNDERSTOOD.
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• g. No alteration of the buffer shall be permitted, including destruction of existing vegetation or alteration of the natural topography.
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• h. Mining operations shall not result in any significant off-site increase/decrease in surface water levels. Significant shall be defined as a 10 percent (10%) or greater change from the baseline established in the geotechnical report, unless otherwise addressed by a State rule or permit.
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• h. Protection of Drinking Water Sources: The mine operator shall provide a site plan that reflects all potable water sources, including private wells, within 1000 feet of the property line of
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• i. defines the potentiometric contours, elevations (feet NGVD) and direction of movement of groundwater flow within the mining property or district, and
• ii. defines potentiometric elevations below which mining operations may not occur.
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