§ 2-20-33. Operating permit application submittal criteria.

Prior to or subsequent to board approval of the master mining plan, an applicant may submit to the director an operating permit application for the tract unit to be mined. However, the operating permit cannot not be approved unless or until the board approves the master mining plan, and board review of each of these submittals shall be scheduled for separate public hearings. An application for an operating permit shall be accompanied by twenty-four (24) copies thereof, and shall include the following:

(1)

A copy of all applications to, and current permits granted by, all applicable federal, state and regional agencies, unless such items have already been submitted to the county;

(2)

Baseline data depicting pre-mining land uses (with the use of FLUCFCS codes) on the tract unit that is the subject of the operating permit, including specific location of habitats of listed animal species, and locations of listed plant species and historic resources, unless such information has previously been submitted to the county;

(3)

Confirmation that baseline radiation measurements for the area to be mined during the initial year of the operating permit have been conducted in accordance with the requirements of section 2-20-21(12), and Appendix A of Ordinance No. 04-39. Confirmation of continued baseline monitoring shall be submitted with the annual reports;

(4)

The location and limits of all existing wetlands; and lakes, rivers, reservoirs, streams, creeks and other waterbodies within the tract unit area up to the 100-year floodplain created by those waterbodies, unless such information has previously been submitted to the county;

(5)

Engineering specifications and design drawings at suitable scale for all aspects of mining activities for the life of the operating permit for which specifications and drawings have not previously been submitted to the county as part of the master mining plan. Prior to construction of said facilities, the applicant or its engineer shall submit to the director, for his or her written approval, construction drawings of such facilities. Prior to using said facilities, the applicant shall furnish as-built drawings and specifications of said facilities that reflect any changes made to the original plans. All specifications and drawings shall be signed and sealed by a Florida registered professional engineer, who shall certify that he or she is personally familiar with and has reviewed said drawings and specifications and found them to be consistent with generally accepted professional engineering practices. Approval of the director shall not constitute building permit approval;

(6)

Plans or narrative showing how nonpoint sources of air and water pollution, including fugitive dust, shall be controlled in accordance with applicable state and local requirements;

(7)

Plans showing that clays, waste materials and other materials with high clay content shall be disposed of only within clay settling areas or sand/clay reclamation sites, unless such information has previously been submitted to the county;

(8)

Plans showing that all dams, dikes and berms constructed to impound or channel clays, spoil, tailings, clean water, process water, wastewater, or sand/clay mixtures will be located, designed, constructed and maintained in compliance with applicable state requirements and in accordance with generally accepted engineering practices, unless such information has previously been submitted to the county;

(9)

Identification on suitable maps or charts, to the extent practicable, of all reductions from the setback requirements of section 2-20-21(11) of this chapter that the applicant intends to request for mining of the tract unit. The applicant shall forecast impacts of proposed mining activities both with and without said reductions, if approval of the setback reductions has not been obtained by the time of application;

(10)

Plans showing that positive protection (e.g., alarms and containment systems) against any significant discharge, leak, or other release of materials from pipelines that are external to the rainfall catchment area of the water recirculation system shall be provided;

(11)

Plans or studies showing that increases to ambient noise resulting from mining activities shall not result in a nuisance;

(12)

A description of any proposed blasting or other uses of explosives;

(13)

A detailed description of any changes to the environmental monitoring program of the approved master mining plan submitted in accordance with section 2-20-31(22) of this chapter;

(14)

A spill prevention, containment and response plan developed in conformity with requirements set forth in Appendix B of Ordinance No. 04-39;

(15)

Form of the financial statements, proof of insurance and surety bonds that will be provided to satisfy the criteria set forth in Appendix C of Ordinance No. 04-39;

(16)

Any application for a vested rights exemption, preliminary vested rights exemption or specific approval exemption, which shall identify the specific provisions of this chapter from which the applicant seeks an exemption, and the basis for granting such an exemption; and

(17)

The fee required for review of an operating permit application, as prescribed in the fee resolution adopted by the board pursuant to section 2-20-9.

(Ord. No. 04-39, § IV(C), 11-2-04)