§ 2-20-10. Definitions.
The terms used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:
Acres mined shall mean all acres upon which mining operations have resulted in the extraction of phosphate rock.
Adjacent shall mean, when referring to the location of land in proximity to other land upon which mining activities may occur, that such lands adjoin, or are in close proximity to, one another, whether or not contiguous. The separation of lands by a right-of-way for a highway, road, railroad, canal or utility, or a body of water, watercourse or other minor geographical division of a similar nature, running parallel with and between such lands, shall not prevent such lands from being treated as adjacent for purposes of this chapter.
Annual progress report shall mean that report prepared annually and submitted by the applicant to the director, in accordance with section 2-20-42(1), who shall determine whether the applicant has followed its master mining plan and operating permit for the preceding year and whether the applicant's plans for the coming year differ from those approved in the master mining plan and operating permit.
Applicant shall refer to the person(s), entity or entities engaged or seeking to be engaged in phosphate mining activities.
Beneficiation shall mean the step in phosphate processing whereby the matrix is physically and chemically treated to separate the phosphate rock, clay and sand fractions.
Best operating practices (BOPs) shall refer to practices that are technologically and economically practicable and beneficial in preventing or reducing adverse impacts from phosphate mining activities. BOPs may include, but shall not be limited to: water reuse; augmentation of flows to surface or groundwater bodies that could be adversely affected by mining activities; special protections for sensitive habitats; increased frequency of certain types of monitoring and inspections; specialized training for mining personnel, and the like.
Best possible technology (BPT) shall mean the most advanced technology that provides the maximum possible protection for the public health, safety and welfare, and which minimizes to the greatest degree possible any adverse impacts from mining activities in the watershed protection overlay districts. Best possible technology may include, but shall not be limited to: innovative reclamation techniques; augmentation of public water supplies that could be adversely affected by mining activities; construction of secondary containment structures or other measures to ensure against catastrophic failure of primary containment structures; below-grade clay settling areas; and elimination of mine site rock dryers; provided, however, that such measures shall not be required if the applicant demonstrates to the director's satisfaction that they are technically infeasible or economically prohibitive.
Board shall refer to the board of county commissioners of Manatee County, Florida.
Clavs shall mean the clay and water mixture and other fine mineral particles (generally under one hundred fifty (150) mesh in size) that are the by-product of processing the matrix to extract the phosphate rock.
Clay settling area shall mean that area lying between earthen dams or within excavated areas, which is used primarily for impounding clays or other wastes, sometimes also referred to as lime pond or an "initial" or "waste-clay" settling area. Specifically excluded are sand/clay reclamation sites.
County shall mean the County of Manatee, a political subdivision of the State of Florida.
Cumulative impacts shall mean the impacts of past, current and reasonably foreseeable phosphate mining activities carried on within Manatee County on the natural resources of Manatee County, identified by a study conducted pursuant to the requirements of Appendix D of Ordinance No. 04-39.
Degradation shall mean a statistically significant negative change or violation of a local. State, or federal standard which results in the lowering of water quality conditions of a creek, stream, lake, or river.
Department shall mean the Manatee County Environmental Management Department.
Development of regional impact (DRI) in accordance with the provisions of Chapter 380, Florida Statutes, as amended, shall mean any development which, because of its character, magnitude, or location would have a substantial effect upon the health, safety or welfare of citizens of more than one county.
Director shall refer to the director of the department or his/her designee, who shall be charged by the county administrator with ensuring implementation of this chapter and enforcing its requirements.
Disturbed lands shall mean the surface area of the land that is mined and all other land area in which the natural land surface has been disturbed as a result of, or incidental to, phosphate mining activities.
Existing mining operation shall mean a phosphate mining operation that was ongoing under a valid master mining plan and operating permit as of the effective date of this chapter.
Exploration shall mean those activities undertaken in an effort to determine the presence and location of the phosphate resource and its recoverability.
Exotic or nuisance species shall mean those species not native to Florida, and which have been scientifically shown to have undesirable ecological impacts; such species shall include, but not necessarily be limited to: Brazilian pepper (Schinus terebinthifolius); cajeput (Melaleuca quinquenervia) and Australian pine (Casuarina spp.).
Floodplain, 25-year shall mean that area delineated as such by the Southwest Florida Water Management District or the U.S. Geological Survey, whichever delineation encompasses the greater area. The applicant shall have the ability to delineate, through the use of proper hydrologic studies, an estimate of the 25-year floodplain area. Delineations provided by the applicant shall be subject to review and acceptance by the county.
Historic resources shall mean all areas, districts or sites containing properties listed as significant on the Florida Master Site File, the National Register of Historic Places, or designated by Manatee County as historically, architecturally or archaeologically significant.
Listed species shall mean flora and fauna as identified by the U.S. Fish and Wildlife Service's "List of Endangered and Threatened Wildlife and Plants" in 50 Code of Federal Regulations (CFR) 17.11-12; flora as identified by the Florida Department of Agriculture and Consumer Services as specified by the Preservation of Native Flora Act in Section 581.185-187, Florida Statutes; and fauna identified by the Florida Fish and Wildlife Conservation Commission in Rules 39-27.003 and 39-27.004, Florida Administrative Code. Endangered species are so designated due to anthropogenic or natural factors that have placed them in imminent danger of extinction, while threatened species are so designated due to a rapid decline in number and/or habitat such that they may likely become endangered in the absence of corrective action.
Manatee County Comprehensive Plan or Comprehensive Plan shall mean the 2020 Manatee County Comprehensive Plan (Manatee County Ordinance 89-01, as amended from time to time).
Manatee County Land Development Code or Land Development Code shall mean Manatee County Ordinance 90-01, as amended, the code of land development regulations adopted by the board to implement the Manatee County Comprehensive Plan.
Manatee County Phosphate Mining Reclamation Manual shall mean that manual governing the reclamation of mined lands in Manatee County, as amended.
Master mining plan shall mean a board-approved plan that provides a description of proposed mining activities over the life of a mine, which shall allow review of the applicant's proposed pre-mining and mining activities, including the plan for reclamation.
Matrix shall mean the combination of naturally-occurring materials (phosphate ore), including sands and clays, in which phosphate rock is imbedded.
Mine shall mean an area of land upon which mining activities or operations have been conducted, are being conducted, or are planned to be conducted, as the term is commonly used in the industry.
Mining activities or phosphate mining activities shall mean all functions, work, facilities and activities performed in connection with the development, extraction, drying, transporting or processing of matrix (phosphate ore), and all uses reasonably incidental thereto, including, without limitation, reclamation. The construction and use of recharge ditches and other ancillary activities, as well as reclamation, shall also be deemed "mining" for the purposes of this chapter. Exploration, site surveying, site preparation (e.g., grading, tree removal, grubbing, etc.), prosecuting, coring, mapping, and other functions necessary solely for proper preparation of permit applications shall not be considered "mining activities."
Mining extraction activities shall mean the following mining activities: operation of draglines and dredges for the removal of phosphate ore; construction and maintenance of recharge ditches; pumps greater than ten (10) horsepower; slurry wells and associated equipment; and slurry pipelines that are not secondarily contained.
Operating permit shall mean the written authorization, granted by the board of county commissioners through an adopted resolution, for an applicant to proceed with specified phosphate mining activities for a specified period of time, on a tract unit. An operating permit shall generally require that the applicant provide more site-specific information than that available at the time of development of regional impact (DRI) and master mining plan review.
Overburden shall mean the layer of sand and clay and/or other minerals that typically sits above the stratum of phosphate.
Perennial streams shall be any lake or stream shown as perennial on the most recent U.S. Geological Survey (USGS) Topographical Quadrangle Maps, or in the most recent soil survey of Manatee County, published by the United States Department of Agriculture, or as delineated by a method accepted by the county.
Person shall mean an individual, group of individuals, firms, associations, joint ventures, partnerships, estates, trustees, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations thereof.
Phosphate fertilizer manufacturing plant shall mean a facility that manufactures sulfuric acid by sulfur burning, wet-process phosphoric acid, ammonium phosphate, normal superphosphate and triple superphosphate, and produces a by-product of phosphogypsum.
Planning commission shall mean the commission created and governed by section 302 of the Manatee County Land Development Code.
Reclamation shall mean the reshaping and revegetation of land and waterbodies disturbed or affected by phosphate mining activities.
Sand/clay reclamation site shall refer to a location or locations where sand/clay mixtures are deposited and settled within dams or berms constructed over excavated areas as part of a final reclamation effort.
Significant amendment shall mean any proposed amendment to a master mining plan or operating permit that includes: any addition of substantial acreage to be mined; any substantial change in the location or manner of construction of a clay settling area, permanent roads or other transportation facilities; or any other change that might reasonably result in substantially increased adverse impacts.
Slimes shall mean the clay-water mixture and associated chemicals that result from processing of the matrix.
Slime pond shall refer to a clay settling area.
Spoil shall mean overburden displaced during the mining process.
Tailings shall refer to sand particles that are generally between sixteen (16) and one hundred fifty (150) mesh in size that have been separated from the matrix through beneficiation.
Tract unit shall mean that area of land, no greater than six thousand five hundred (6,500) acres in size that is encompassed by an individual operating permit. All tract units within the area covered by a master mining plan shall be contiguous to each other whenever possible.
Watershed of the Evers Reservoir shall be defined as the geographic area encompassing the land and water surfaces which, by virtue of natural topography, contributes surface water flow to the Evers Reservoir. The Evers Reservoir watershed area shall be as depicted on the future land use maps contained in the Manatee County Comprehensive Plan, or as otherwise delineated by the applicant through the use of appropriate hydrological studies, the results of which are acceptable to the Manatee County Environmental Management and Planning Departments.
Watershed of the Lake Manatee Reservoir shall be defined as the geographic area encompassing the land and water surfaces which, by virtue of natural topography, contributes surface water flow to the Lake Manatee Reservoir. The Lake Manatee Reservoir watershed area shall be as depicted on the future land use maps contained in the Manatee County Comprehensive Plan, or as otherwise delineated by the applicant through the use of appropriate hydrological studies, the results of which are acceptable to the Manatee County Environmental Management and Planning Departments.
Watershed of the Peace River shall mean the geographic area encompassing the land and water surfaces which, by virtue of natural topography, contributes surface water flow to the Peace River. The Peace River watershed shall be as depicted on the future land use maps contained in the Manatee County Comprehensive Plan, or as otherwise delineated by the applicant through the use of appropriate hydrological studies, the results of which are acceptable to the Manatee County Environmental Management and Planning Departments.
Watershed protection overlay districts shall mean those areas designated as such in the Comprehensive Plan to which special policies, goals and objectives apply.
Water recirculation facilities shall mean those structures used for storing, routing, and treating mine and process waters, including but not limited to reservoirs, clay settling areas, canals, ditches and their associated dams and dikes.
Watlands shall be as defined in Rule 40D-4.021, F.A.C., as amended, or its successor provisions.
Wetland mitigation or mitigation shall mean actions including but not limited to restoration, enhancement, creation of wetlands, upland preservation or a combination of the above required to be taken to offset environmental impacts of permitted activities.
(Ord. No. 04-39, § II, 11-2-04)