§ 2-20-42. Annual progress reports and reclamation approval (release).

(1)

Annual progress report. Within forty-five (45) days after the anniversary date of each operating permit approval, the applicant shall file with the director ten (10) hard copies of an annual progress report, plus an electronic version in a format acceptable to the director, such as an Adobe Acrobat PDF file, including the following information:

(a)

The schedule of mining activities and completion of the tract unit, including identification of lands mined during the preceding year and lands expected to be mined during the current year;

(b)

A discussion of reclamation that has occurred during the report year, and reclamation that is planned for the coming year;

(c)

Recent aerial photographs, at a scale acceptable to the director, showing areas that have been mined and areas yet to be mined within the tract unit. Aerials shall also depict areas lying a minimum of two thousand six hundred (2,600) feet outside the tract unit boundaries;

(d)

A table showing, for the tract unit, acreage and types of wetlands disturbed or eliminated, arrayed against acreage and types of wetland mitigation provided;

(e)

Detailed engineering plans and specifications for all mining activities scheduled for the current year that were not previously provided in the approved master mining plan and operating permit or amendments to those documents;

(f)

Results of the most recent prospecting defining the ore body and leach zone, if any, in the portion of the tract unit to be mined during the current year;

(g)

A summary of results of the previous year's environmental monitoring program, indicating the magnitude and frequency with which air and water quality parameters and mass loadings of same exceeded applicable ambient or effluent emissions standards, if such exceedances have occurred during the reporting year. Any significant trends of ambient air and water quality shall also be discussed, along with any measures being taken to correct or improve the performance of pollution control systems;

(h)

A review and update of the applicant's proof of financial responsibility in accordance with the provisions of Appendix C of Ordinance No. 04-39;

(i)

Copies of all inspection reports not previously furnished to the director that are required by state or federal regulatory agencies;

(j)

A listing of the status of permits and licenses by permit, agency, issue and expiration dates;

(k)

Baseline radiation monitoring as required by section 2-20-33(3); and

(l)

A certification by the applicant that, to the best of the applicant's knowledge, all information in the annual progress report is true and correct.

(2)

Certification by engineer. A Florida-registered professional engineer, familiar with the applicant's phosphate mining activities, shall certify in the annual progress report that the project is being developed and operated in accordance with the conditions set forth in the approved master mining plan and operating permit and in accordance with generally accepted engineering practices.

(3)

Failure to file. Failure to file the required annual progress report shall be grounds for suspension of the operating permit, in accordance with the procedures set forth in section 2-20-65. An extension of time for filing may be granted by the director upon written request from the applicant and for good cause shown.

(4)

Reclamation approval. An applicant shall request approval (release) of reclaimed areas by identifying in the annual progress report the specific parcels for which approval is sought. Reclamation of disturbed lands shall be deemed complete after a showing that the specific parcels have been reclaimed in accordance with the applicant's approved master mining plan and operating permit, the requirements set forth in the Manatee County Phosphate Mining Reclamation Manual (Appendix E of Ordinance No. 04-39), and the requirements imposed by the Florida Department of Environmental Protection. An area which otherwise qualifies for release from reclamation may be released provided the applicant complies with section 2-20-21(1)(h), and submits a copy of the recorded notice to Manatee County. Specific parcels shall be approved or denied for release in writing by the director within sixty (60) days of the director's determination that the annual progress report is complete, and that requirements for release by all other applicable agencies have been satisfied. Specific reasons shall be cited for denial of release of any parcels. Within sixty (60) days of the director's approval of the reclaimed parcels, the reclamation bond(s) shall be released or applied to parcels to be disturbed in the following year, as appropriate.

(5)

Fees. Submission of the annual progress report shall be accompanied by an appropriate fee, as set forth in a fee resolution adopted by the board pursuant to section 2-20-9.

(Ord. No. 04-39, § V(B), 11-2-04)