§ 702. Earthmoving.

702.1.   Purpose.

The purpose and intent of this Section is to ensure safe and environmentally adequate design and reclamation of all disturbed lands; and to protect all property during excavating, filling, and off-site transporting of material in the process of earthmoving.

702.2.   Exemptions.

A.

The earthmoving operations listed under subsection B shall not require a separate earthmoving site plan or operating permit provided:

1.

No off-site drainage is affected;

2.

No rise in the base flood elevation of an identified floodway;

3.

No change in grade at the property line (except for swales); and

4.

All other state and local requirements have been fulfilled. Although an earthmoving permit may not be required, a tree removal permit under Section 700 may be required. If the site is located within the floodplain, the provisions of Section 802, Floodplain Management shall apply.

B.

The activities eligible for exemptions are:

1.

Earthmoving which is accessory to agricultural operations where no earth is transported off-site.

2.

Site preparation and finish grading for or accessory to Permitted Uses or other Conditional Uses, which are specifically identified and approved during another developmental permit approval.

3.

Earthmoving which is a part of a county approved construction project, such as a subdivision, or a dredge and fill project.

4.

Earthmoving for the preparation of a site, foundation, and landscaping of a single family detached, attached dwelling unit, or duplex located on a lot of record.

5.

Two hundred (200) cubic yards or less of material classified under earthmoving within any one (1) year period.

6.

A grading operation of two (2) acres or less.

7.

Excavation of a retention/detention pond associated with another valid development permit.

8.

Excavation, and filling confined to a single family detached or attached dwelling unit residentially zoned lot including excavation for a pond not to exceed two hundred (200) cubic yards located totally within the same lot.

9.

Earthmoving which is specifically associated with and part of another valid development permit on a lot for a structure, drainage facility, or sanitary sewer system, subject to compliance with the Manatee County Development Standards.

10.

All phosphate mining activities shall comply with requirements set forth in Chapter 2-20, Mining and Reclamation, of the Code of Ordinances, in lieu of obtaining an earthmoving permit under this Section.

702.3.   Earthmoving Site Plan Review and Requirements.

A.

Site Plan Requirements. The earthmoving site plan depicts the proposed earthmoving activities and procedures as forecasted for the entire life of the earthmoving project.

B.

Minor Earthmoving Site Plan.  

1.

Applicability. Minor earthmoving site plans shall be required for all earthmoving operations as described herein, which:

a.

Are not exempted by Section 702.2, Exemptions;

b.

Are not subject to Section 702.4, Major Earthmoving Requirements;

c.

Involve grade changes at any property line, except for swales and driveway access;

d.

Involve any earthmoving operation in excess of two hundred (200) cubic yards but less than one thousand (1,000) cubic yards of material classified under earthmoving, when not specifically associated with and approved under any other development permit; or

e.

Involve a grading operation over two (2) acres but not less than ten (10) acres, when not specifically associated with and approved under any other development permit.

2.

Pre-Application Conference. A pre-application conference is optional for minor earthmoving site plan applications.

3.

Department Director Review. Applications for minor earthmoving shall be submitted to the Department Director on forms as provided. The Department Director, after necessary coordination with other applicable county departments and agencies, may approve such application.

The Department Director shall conduct a site inspection and issue a report on each application. In the approval of any application for minor earthmoving under this Section, the Department Director may include conditions designed to protect adjacent property or public property; or to ensure safe and environmentally adequate design, construction and reclamation that are stipulated under Sections 702.4 and 702.5.

4.

Site Inspection. Upon completion of the earthmoving, the property owner shall notify the Department Director, who shall cause a site inspection of the completed operation to ensure any and all necessary reclamation is completed and that no adverse surface water drainage conditions exist.

5.

Floodplain Management Permit. If an earthmoving operation lies within any floodplain, a floodplain management permit is also required.

6.

Phosphate Mining. All phosphate mining operations shall comply with Chapter 2-20, Mining and Reclamation, of the Code of Ordinances, as amended in lieu of obtaining an earthmoving permit under this Section.

C.

Major Earthmoving Site Plan.  

1.

Site Plan and Permit Required. Major earthmoving site plans and operating permits shall be required for all earthmoving operations which involve excavation and/or filling of:

a.

Over one thousand (1,000) cubic yards of material, whether by single or multiple operations in any one (1) year period of time; or

b.

More than a ten (10) acre excavation/filling operation.

2.

Requirements. All major earthmoving shall meet the following requirements:

a.

The applicant shall be the owner of the property, if the earthmoving operation is being conducted by him. If the earthmoving operation is done by others (e.g. a contractor), the owner and contractor shall be co-applicants as principals jointly and severally liable as co-principals on the surety bonds;

b.

If the zoning district in which the proposed activity is located permits earthmoving activities, an applicant shall submit to the Department Director, an earthmoving site plan of its proposed activities to accompany the application. In zoning districts when earthmoving requires an administrative or Special permit, the applicant shall submit those applications in addition to the earthmoving site plan; and

c.

For loam, sand, gravel, and roadway aggregate material excavations, the Department Director may lessen the requirements herein required based on the scope of the work proposed by the applicant.

D.

Application Information and Site Plan Requirements. A pre-application conference is required for all major earthmoving site plan applications. The purpose of the pre-application conference is to provide the County with sufficient information at an early stage in order to understand the scope of work, advise the applicant of the Code requirements, and inform the applicant what may be required prior to the applicant preparing site plans. The Earthmoving Site Plan is a description of the proposed earthmoving activities and procedures as forecasted for the entire life of the earthmoving project. The materials to be excavated or filled, the sequence or phasing of excavation or filling and the estimated periods of time involved shall be indicated. The Earthmoving Site Plan shall in addition to meeting the requirements of Section 322, Preliminary Site Plans, shall also include:

1.

Scaled maps, supporting documents, and calculations.

2.

The name, address, and telephone number of the applicant. If the applicant and/or property owner are not individual natural persons or individual business entities, the application shall fully identify each person or entity having any interest in the earthmoving activities or ownership of the land, and shall specifically identify the nature of such interest. The name, address, and telephone number of the applicant's business office in Manatee County upon whom service of legal papers may be made and who may be contacted in case of need. A certified legal description and a statement of the nature of the applicant's legal interest in any and all lands upon which any operations are proposed;

3.

The location of the one hundred (100) year floodplain and the twenty-five (25) year floodplain shall be shown on the site plan.

4.

The locations and dimensions of proposed pit dewatering retention/detention ponds, together with a description of all proposed temporary and permanent silt, erosion, and turbidity controls;

5.

The location, use, and description of any pipelines, building, or any other non-mobile structures or devices to be constructed for the extraction, pit dewatering, weight scales or other material handling facilities;

6.

Maps or aerial photographs, on a scale of one (1) inch equals two hundred (200) feet, with overlaps of two hundred (200) feet, depicting the name, location and limits of all wetlands, lakes, rivers, reservoirs, streams, creeks, and other water bodies within the Earthmoving Site Plan area, including all waters of the State as defined by F.S. ch. 403, and all navigable waters as defined by F.S. ch. 253;

7.

Engineering estimates of rated flow capacity for all equipment proposed for pit dewatering purposes and discharges to ground and surface waters, showing location of points of discharge from the applicant's property and estimates of discharge rates to any receiving streams;

8.

The drainage features to be provided during and following all earthmoving activities, including topographic maps sufficient to show all drainage characteristics of the earthmoving site and immediate vicinity thereto; criteria used for design and an assessment of the effect that the proposed earthmoving, pit dewatering and discharge will have on the drainage regime of surface waters and the surficial aquifer system;

9.

A program for controlling non-point sources of water pollution originating from any areas disturbed by earthmoving activities, the runoff from which is not redirected back into the pit.

10.

A program for controlling fugitive dust originating from any areas disturbed by earthmoving activities or used as a principal haul route by the applicant, as deemed necessary by the Public Works Director.

11.

A description of the maintenance program for the water retention/detention ponds and other pollution control facilities, addressing such issues as inspection, maintenance, repair or replacement and restoration as part of the total site reclamation effort;

12.

An inventory of all existing wells on the property, to include locations, diameters and estimated depths;

13.

Descriptions and locations for monitoring systems or devices to measure the effects of the proposed earthmoving activities on air and water quality, to include for each station: (1) the type of device or procedure to be installed or followed; (2) the schedule to be followed; (3) provisions for the County to witness the monitoring activities; (4) a proposal for the compilation of data; and (5) the scheduling for the submission of reports;

14.

A soil testing report by a Soil Testing Laboratory of the results of exploratory drilling showing the elevation of the top and base of the borrow zone, the soil composition of both underlying and overlying materials, and the pre-operational water levels encountered in the drilling of auger holes;

15.

A transportation analysis, prepared by an engineer, to identify the haul routes for trucks or any other modes of transportation used for removing borrow materials off of the applicant's property, with emphasis given to any disruption of normal vehicular traffic movements caused by the proposed activities; and in so far as possible, the estimated maximum number of haul trips for any twenty-four-hour period;

16.

A reclamation plan for all disturbed areas in accordance with Section 702.4, below, and a time schedule therefor that meets all provisions of this Code;

17.

The applicant shall submit a map indicating the proposed haul route and include turning radii, width of pavement, method of periodic maintenance and dust control.

18.

For all projects located in a floodplain, in addition to obtaining a floodplain management permit under Section 802, a hydrologic study detailing the effects of the earthmoving operation on the characteristics of the one hundred (100) year regulatory floodway and one hundred (100) year floodplain shall be submitted. The technical information shall include, but not be limited to, the following:

a.

Existing and final topography, surveyed and mapped by a professional land surveyor to one (1) foot contour intervals with elevations referenced to mean sea level datum, shown on a fifty (50) foot grid meeting the minimum requirements as set forth in Chapter 21-HH-6, of the Florida Administrative Code;

b.

Hydrologic data addressing anticipated effects on any water bodies and hydrologic conditions;

c.

A complete plan of the project with cross sections and dimensions, together with a detailed map of the affected area which indicates changes in the one hundred (100) year floodplain caused by the activity.

d.

Certification by an engineer that the Standards of Section 801, Stormwater Management, have been met.

e.

The signature and seal of an engineer responsible for the preparation of the Earthmoving Site Plan and an express certification by said engineer that he/she is personally familiar with the proposed earthmoving activities, that he/she has personally reviewed all elements of the Earthmoving Site Plan and that all engineering estimates or computations comply with generally accepted engineering practices.

19.

Applications shall be determined complete in accordance with Section 312 of this Code.

E.

Effect of Approval of Major Earthmoving Use.  

1.

The purpose or the earthmoving site plan is to describe the earthmoving activities of the applicant over the life of the earthmoving project, so as to allow the overall plans to be reviewed prior to the issuance of any operating permits for particular earthmoving activities, thus enabling the county to ascertain whether the impacts of the activities are consistent with the public health, safety, and welfare, the comprehensive plan, and the overall development of the county.

2.

Upon approval of an earthmoving site plan by the Department Director, the applicant may apply for an operating permit pursuant to this Section. Approval of the earthmoving site plan shall not vest the applicant with any rights to issuance of said operating permit, nor shall it entitle the applicant to initiate earthmoving activities; the applicant shall be required to meet all requirements for operating permits as they exist at the time of application therefore, and the earthmoving site plan approvals shall so expressly provide.

3.

The applicant shall have a period of one (1) year from the date of the approval of the earthmoving site plan to submit an application for an operating permit. The Department Director may, extend the time limit for one (1) additional year. If an operating permit has not been applied for at the end of the one (1) year period or within any authorized extension that has been granted, the earthmoving site plan approval shall automatically terminate.

F.

Amendments or Variances to Earthmoving Site Plan.  

1.

Amendments to the earthmoving site plan may at any time be requested by the applicant who has obtained said approval. Any significant changes as to any component of an approved earthmoving site plan shall be reviewed in the same manner as the original application. Significant changes shall include, but are not limited to, any change in the location or manner of excavation for the pit, any primary haul routes exiting the property, or discharge points; a change in the manner or location of dredging or filling waters of the State; or any other change that might result in increased environmental impacts. Any change made at the order or direction of any State or Federal agency shall require prompt notice to the Department Director. Failure of the holder of an approved earthmoving site plan to so inform the Department Director of any significant changes in the previously approved earthmoving site plan or changes ordered or required by Federal or State agencies, shall constitute a violation of this Section. Approval of any change shall be a pre-requisite to commencing any actual change at the site.

2.

Any requested amendment of an earthmoving site plan shall comply with the procedures outlined for an original earthmoving site plan application and, in addition, shall include a list of the specific item(s) to be amended, and a detailed explanation of the reasons for amendment.

G.

Transfer of any Major Earthmoving Site Plan Approval.  

1.

Before the transfer of any major earthmoving site plan approval, the applicant and the prospective transferee must apply to the Department Director for an amendment to the original application and permit, stating in detail any changes desired in the earthmoving site plan.

2.

If the transfer is approved by the Department Director, it shall be accomplished by the issuance of a "transfer excavation plan" to the transferee.

3.

Upon acceptance of the transfer excavation plan, the transferee becomes the applicant under this Section and assumes the responsibility of compliance with all the terms of this Section effective on the date of transfer, regulations adopted hereunder, and the earthmoving site plan.

H.

Fees. A schedule of fees for earthmoving site plan processing shall be established and revised periodically by the Board by Resolution. These fees shall be those reasonably necessary to off-set the additional cost to the county incurred in the adequate review of all aspects of the excavation activities, and to insure the health, safety and welfare of the citizens of Manatee County.

702.4.   Reclamation Standards.

A.

Agricultural Lands. Land reclaimed for agricultural use shall meet the following standards:

1.

Topography: The land shall be sufficiently level and free of holes, gullies, and washouts to permit safe operation of conventional farm and agricultural equipment; including stormwater management measures.

2.

Stability: The land shall have settled and firmed to the extent that will support conventional farm and agricultural equipment and such that livestock will be able to walk on the surface of the land.

3.

Revegetation: All disturbed areas shall be promptly seeded and mulched with grass mixtures of perennial and annuals, with application rates which are capable of cover establishment during the growing season for which it is applied. Revegetation shall be considered complete upon demonstrating ninety (90) percent perennial vegetation cover establishment one (1) year after reclamation;

B.

Lakes and Other Water Bodies. Lands reclaimed as lakes and other water bodies shall meet the following standards:

1.

Shoreline Conformation: In order to encourage healthy circulation within created lakes, such lakes shall be designed to have regular (non-meandering) shorelines;

2.

Soil Stability: All banks and slopes shall be stabilized with self-sustaining vegetation. No evidence of excessive erosion shall exist. No evidence of unplanned channel development shall exist;

3.

Area; Slopes: For the purposes of establishing an area that will sustain fish and wildlife, and to provide a measure of non-structural water quality maintenance, the applicant shall establish a littoral zone below the mean water level either along the shoreline or within a central area of the lake or a combination of the two, meeting the following requirements: (a) the total area of the littoral zone(s) shall be a minimum of ten (10) percent of the total surface area of the lake at the mean water level; (b) if created along the shoreline, the littoral zone shall be clustered over areas not exceeding eighty (80) percent of the shoreline perimeter to ensure adequate access for maintenance and other permitted water-dependent uses. The littoral zone(s) shall be sloped or terraced at slope equal to or no greater than 5:1, below the water line to a depth of three (3) feet; (c) if created in a central area of the lake not connected with the shoreline, the littoral zone(s) shall be constructed at depths below the mean low water line to exceed three (3) feet with side slopes at the perimeter of the littoral zone of 4:1; and (d) all other portions of the lake shoreline not sloped at 5:1 or flatter to meet littoral zone requirements shall be contoured no steeper than 2:1 from a mean depth of six (6) feet;

4.

Perimeter Berm and Swales: For the purposes of ensuring water quality control and to provide for a measure of long-term quality maintenance, the applicant shall construct a perimeter berm and swale system designed to intercept and filter overland runoff before allowing it to discharge into the lake, meeting the following requirements: (a) the perimeter swale shall have a maximum slope of three (3) percent; (b) side slopes on the swale shall be no less than 4:1; (c) spreader spillways to the lake from the berm and swale system shall be spaced and provided at regular intervals not to exceed two hundred (200) feet and shall be protected against erosion; except that (d) perimeter berm and swale systems need not be required where such lake systems interface with wetland areas and where the unrestricted water movement from one water body to another is necessary to promote proper hydro periods and biological integrity; and

5.

Lake Depth: Reclamation shall be completed so that the deepest parts of created lakes of the reclaimed lands shall not exceed thirty-five (35) feet in depth from the mean water level, and ninety (90) percent of the surface of the lake shall not exceed an average depth of twenty-five (25) feet from the mean high water level. Further, the design shall avoid a bottom configuration that would serve as a detriment to proper circulation.

702.5.   Earthmoving and Mining Activities within the Floodplain.

A.

All earthmoving involving more than two hundred (200) cubic yards or disturbing more than two (2) acres and mining activities located in the one hundred (100) year floodplain shall require approval of an earthmoving site plan. The applicant shall provide documentation of any changes in the characteristics of the one hundred (100) year floodplain as a result of the activity. In cases where earthmoving site plan approval is not required, the Department Director may still require Floodplain Management information.

B.

All proposals shall demonstrate conformance with the standards of the Manatee County floodplain management regulations. A hydrologic study detailing the effects of the operation on the characteristics of the Floodway and one hundred (100) year floodplain shall be submitted. The technical information shall include, but not be limited to, the following:

1.

Existing and final topography, mapped to one foot contour intervals with elevations referenced to mean sea level datum, shown on a twenty-five (25) foot grid;

2.

Hydrologic data addressing anticipated effects on any water bodies and hydrologic conditions;

3.

A complete plan of the project with cross sections and dimensions, together with a detailed map of the affected area which indicates changes in the one hundred (100) year floodplain caused by the activity; and

4.

Certification by an engineer that the standards of this Code have been met.

702.6.   Operating Permit Requirements.

A.

Application for an Operating Permit. Any persons contemplating major earthmoving activities in Manatee County shall, upon securing approval of an earthmoving site plan, apply for and obtain an operating permit before commencing any earthmoving or other lot clearing activities within an approved area. An operating permit constitutes authorization to commence specified earthmoving activities for a specified period of time, and after an affirmative showing by the applicant of compliance with the criteria and objectives of this Section. An operating permit may contain such terms and conditions as the county determines necessary to protect against the adverse impacts of the proposed earthmoving activities. The application for an operating permit, on a form provided by the county, shall be submitted to the Department Director.

B.

Necessary Information. The application for an operating permit shall be accompanied by:

1.

Documentation of earthmoving site plan approval.

2.

Copies of necessary applications to, and any applicable approvals from federal, state, regional and local agencies.

3.

The fee required for review of an operating permit application under the terms of this Section.

4.

Such other information or studies needed to affirmatively show compliance with the operating permit criteria established by this Section.

5.

Draft of surety bonds.

C.

Completeness of Application. The Department Director shall determine the completeness of the application within a reasonable period of time following receipt thereof, and shall notify the applicant of its determination within that period. If the application is deemed incomplete, the Department Director shall apprise the applicant of the deficient part(s) of the application. Thereafter, the applicant shall have thirty (30) days within which to supply all necessary information. Based on the scope and extent of deficiencies, the applicant may be granted an extension of up to sixty (60) days. If such information is not supplied, the application shall be returned to the applicant as unacceptable and may reapply sixty (60) days thereafter.

D.

Permit Approval or Denial.  

1.

After receipt of a complete operating permit application, the Department Director shall review the application in accordance with the standards and criteria as contained herein and all applicable provisions of this Code. The applicant for a permit shall have the burden of providing with the application accurate and sufficient information to clearly substantiate that the application is in compliance with all of the criteria and the requirements of this Section. The Department Director shall issue, require modification of, or deny the permit, within a reasonable period of time.

2.

No permit shall be issued by the Department Director if there is found:

a.

Information set forth in the application, by inspection, that the applicant cannot comply with this Section; or

b.

That the applicant has had any other permit issued hereunder revoked, or any bond posted to comply with this Section forfeited, and the conditions causing the permit to be revoked or the bond to be forfeited have not been corrected to the satisfaction of the county.

3.

An applicant shall have one (1) year from the date the operating permit is issued to commence and actively conduct earthmoving activities; if earthmoving activities are not commenced and actively conducted within said time the operating permit shall be void and be of no effect.

E.

Term of Operating Permit. All operating permits issued pursuant to the requirements of this Section shall be valid for a term not to exceed five (5) years, unless suspended, canceled, or revoked prior to that time.

F.

Criteria for Operating Permit Issuance.  

1.

Compliance with Other Laws. All applicable statutes or regulatory requirements of federal, state, regional and local agencies are made a part of this Section, and a violation thereof shall constitute a violation of this Section.

2.

Minimum Protection. The applicant shall conduct earthmoving activities in a manner that will avoid and minimize undesirable effects of earthmoving activities and that will protect the land, water resources, natural resources, wetlands, historical sites, road systems, property rights, and the public health, safety, and welfare of the County.

3.

Reclamation. The applicant shall provide reasonable assurance that reclamation will proceed in accordance with the approved earthmoving site plan and Section 702.6.L.

4.

Radiation. The applicant shall conduct earthmoving activities in such a manner as to ensure that upon reclamation of earthmoving activities, the lands within the operating permit area have radiation levels that do not exceed the limit of total mean soil Radium 226 concentration. Representative test samples shall be taken from one six (6) foot core per each five (5) acres of disturbed lands which will not be reclaimed as lakes and shall not exceed 5.0 picocuries per gram.

5.

Roadway Impacts and Improvements. The applicant shall not begin any shipment on county maintained roads without an approved operating permit. The transporting of all earthmoving activities shall take into consideration the impact on traffic circulation, safety, and roadway stability resulting from such shipments. Any required improvements shall be completed or satisfactorily guaranteed before such use is made of county maintained rights-of-way. Such improvements shall include repairs or maintenance from damage to such rights-of-way based upon roadway conditions prior to construction expressly identified in writing by the Department Director before the use of the road. If the applicant does not accomplish expeditious repair to damaged rights-of-way, the county shall make such repairs at the applicant's expense. The applicant shall agree to abide by all future regulations as may be developed by the county with regard to safety, loads, and frequency.

G.

Setback Requirements.  

1.

No earthmoving activities shall be performed within two hundred (200) feet of a naturally occurring stream bed or other water body, regardless of whether the stream bed or other water body is located on or off the subject earthmoving site, or within fifty (50) feet of the applicant's property line, whichever provides the greater setback from the property line.

2.

No excavated material, stock pile or construction equipment shall be stored on the applicant's property longer than fourteen (14) days within fifty (50) feet from an applicant's property line, natural water body, or county easement.

3.

If the applicant affirmatively demonstrates that the above requirements are unreasonable under the circumstances and creates undue hardships, and that a lesser requirement would not adversely affect the public health, safety and welfare, the Department Director may allow a lesser setback requirement.

H.

Safety Requirements. The owner shall provide fencing at a minimum height of five (5) feet with a vertical protective barrier material such that a four (4) inch diameter sphere cannot pass through any opening, where the property is (1) open to public access or (2) within one hundred (100) feet of a arterial or (3) within five hundred (500) feet of any residentially zoned property, or (4) shall provide other suitable means of restraining public access onto the site during the period of earthmoving and reclamation activities.

I.

Monitoring.  

1.

The purpose of the environmental monitoring program for earthmoving activities in Manatee County is to establish baseline conditions over a one (1) year period prior to earthmoving, as deemed necessary by the Department Director and subsequently to continuously evaluate compliance with applicable standards established by local, regional, state and federal agencies over the life of the permit. The one (1) year period may be reduced by the Department Director based on the type of earthmoving material being mined and the type of mining operation. Operations which are currently mining and have baseline data for an area may request that this data be considered by the Department Director to satisfy baseline monitoring requirements for expansion areas. The program shall consist of monitoring the following areas:

a.

Surface water quality;

b.

Surface water quantity;

c.

Radiation in soils; and

d.

Reclamation of the site. Specific requirements of the above-mentioned components of the monitoring program will be developed on a site-specific basis according to the features of the site and the projected environmental impacts of earthmoving activities.

2.

Each component of the environmental monitoring program will consist of the following descriptive elements:

a.

Sampling locations;

b.

Parameters and standards;

c.

Frequency and duration;

d.

Methods;

e.

Quality assurances; and

f.

Reporting.

3.

The applicant shall submit to the Department Director copies of all environmental monitoring data/reporting required by outside agencies for the subject activity (including data on contiguous portions of any earthmoving outside of Manatee County). The data reports shall be submitted to the Department Director concurrently with the submission to the requiring agency (e.g., DEP permit monitoring reports).

4.

Modification of monitoring requirements may be made during the annual progress report process. The purpose of such modification is to add or delete sampling to reflect new developments in earthmoving and sampling technology which may improve both sampling and environmental quality. Upon mutual agreement (express written approval) by the applicant and the Department Director, changes in the monitoring program can be made at any time. Additions or changes in monitoring as required by new permits or newly-enacted legislation will be implemented according to schedules prescribed by law or by the conditions of said permit.

J.

Maintenance Plans. The applicant shall submit to the Department Director for review and express written approval, a maintenance plan for the retention ponds, expressing such issues as inspections, maintenance, repair or replacements, and restoration, as part of the total site reclamation effort.

K.

Inspection. The county is authorized to enter the premises of any earthmoving activity conducted hereunder for the purpose of inspection, to ensure compliance with the terms and conditions of the operating permit and the earthmoving site plan approval.

L.

Financial Responsibility. Prior to the issuance of an operating permit, an applicant shall furnish the Department Director, evidence of financial responsibility in an amount based upon the total number of acres to be disturbed and haul road length during the term of the operating permit and subsequent reclamation. Such evidence of financial responsibility shall consist of the following:

1.

Reclamation Surety Bonds. After an operating permit application has been approved by the Department Director and prior to its effective date, the applicant shall file with the Department Director, surety bonds, on forms provided by the county, payable to Manatee County, and conditioned upon the following:

a.

Faithful performance of all the requirements of this Section, the operating permit, and satisfaction of all claims and demands incurred for the same;

b.

Full indemnification of the county from all costs and damages that the county might suffer by failure to do so;

c.

Full reimbursement and repayment to the county for outlays and expenses the county may incur in making good any noncompliance or nonperformance;

d.

The bond shall further be conditioned upon the applicant protecting, defending, indemnifying, and holding harmless the county from any suits, actions, claims, losses, or damage of any character (and from all expenses incidental thereto) based upon or arising out of any damage to person or property caused by or arising from any act, omission, performance, nonperformance of the applicant, its office agents, servants, employees, or others under the applicant's direction and control, but not including the sole negligence of the county;

e.

The bond may be secured by a corporate surety licensed to do business in the Florida and approved by the county, or by deposit in a state banking institution, or by real property, pursuant to rule. The bond shall be conditioned so that the surety cannot cancel the bond within less time than ninety (90) days of certified written notice to the Department Director. Any cancellation of the bond shall result in automatic suspension of the operating permit and immediate cessation of all activities;

f.

If for whatever reason, the surety contemplating a change to the bond status, termination thereof, or the property owner intends to change the status of the bond or surety companies, the property owner or surety shall notify the Department Director in writing, at least ninety (90) days prior to such action. Said notification shall include all particulars for the proposed change or termination. It shall be the obligation of the property owner to insure continued compliance with this Code at all times. The Department Director shall coordinate with the County Attorney's office to take any necessary and appropriate action in accordance with the provisions of this Section;

g.

The surety bonds shall cover that area of land within the permit area upon which the applicant will initiate and conduct activities within the terms of the permit. As succeeding increments of earthmoving and reclamation activities are projected to be initiated and conducted within the earthmoving site plan area, and subsequent to the issuance of additional operating permits, the applicant shall, if necessary, file with the Department Director an additional surety bond or bonds to cover such increments in accordance with this Section. Separate bonds shall also be secured for the principal haul routes to be used by the applicant, subject to the approval of the Department Director. The amount of the bonds shall be one hundred thirty (130) percent of the reclamation cost per acre and roadway section to be bonded, as certified by the applicant's engineer of record, subject to the review and express written approval of the Department Director and the County Attorney; and

h.

Unless prohibited by law, an action on this bond may be brought by the county or any other persons entitled to the benefits of the bond at any time within one (1) year of the county's final written acknowledgement of reclamation compliance. The applicant and surety shall be jointly and severally liable under the provisions of the bond, and actions against either or both may proceed without prior action against the other, and both may be jointed in one action. The amount of the bond may be reduced upon final written acknowledgement of reclamation compliance to a minimum of ten (10) percent of the reclamation cost stipulated above.

2.

Forfeiture. If at any time the county finds that earthmoving activities are not proceeding in accordance with the operating permit and that the applicant has failed, within thirty (30) days after written notice, to satisfactorily undertake corrective action, the county shall initiate proceedings against the bond. Such proceedings shall not be commenced with respect to a surety bond insuring performance until the surety has been given sixty (60) days to commence and a reasonable opportunity to begin and complete corrective action. The county shall initiate such proceedings in any court of competent jurisdiction. In such proceedings, the damages shall include county's costs for engineering, survey, emergency repairs, and a reasonable attorney's fee; provided however, that the damages shall not be limited to the reasonable value of the land prior to the earthmoving activities.

M.

Fees. A schedule of fees for review of an operating permit shall be established and revised periodically by the Board by resolution. These fees shall be those reasonably necessary to offset the additional, extraordinary cost to the county incurred in the adequate review of all aspects of earthmoving activities, and to ensure the health, safety and welfare of the citizens of Manatee County.

N.

Operating Permit Amendment, Transfer and Renewal.  

1.

Amendment of Operating Permit. Amendment of an issued operating permit shall follow the same procedures prescribed for the initial submission of the operating permit outline under Section 702.6.

2.

Transfer of Permit.

a.

Before the transfer of any operating permit, the applicant and the prospective transferee must apply to the Department Director for an amendment to the original application and permit, stating in detail any changes desired in the operating permit.

b.

At the same time as the application for transfer, the prospective transferee must also furnish proof of financial responsibility as is required by Section 702.6.L Financial Responsibility.

c.

If the transfer is approved by the Department Director, it shall be accomplished by the Department Director issuing a "transfer operating permit" to the transferee.

d.

Upon acceptance of the transfer permit, the transferee becomes the applicant under this Section and assumes the responsibility of compliance with all terms of this Section effective on the date of transfer, regulations adopted hereunder, and of the operating permit.

O.

Subsequent Permit Procedures. At least six (6) months prior to the expiration of the operating permit, the applicant shall submit to the Department Director an application for a new operating permit. Under the provisions of the application, the Department Director shall examine the application as to its completeness, advising the applicant in writing of its completeness or of any inadequacies, deficiencies, or omissions in the application within sixty (60) days of receipt thereof. If the Department Director requests additional information, the applicant shall have thirty (30) days to correct such deficiencies or provide the requested information, or to notify the Department Director in writing that such extension is necessary to prepare the requested information. Upon receipt of the necessary information, in compliance with Department Director requests, the application shall be deemed complete. Within a reasonable period of time following the filing of the complete application, the permit application shall be reviewed by the Department Director. The then current operating permit shall continue in existence until the final decision on the new permit is rendered by the Department Director.

P.

Fees. A schedule of fees for permit amendment, transfer, and renewal shall be established and revised periodically by the Board by resolution. These fees shall be those reasonably necessary to offset the additional, extraordinary cost to the county incurred in the adequate review of all aspects of the permit amendment, and to insure the health, safety and welfare of the citizens of Manatee County. Such costs are more justly borne by the applicant, who will receive direct, financial benefit from earthmoving activities in Manatee County.

Q.

Annual Progress Reports and Acknowledgements of Compliance.  

1.

Progress Reports. Operators holding valid operating permits shall file with the Department Director within forty-five (45) days after the anniversary date of permit approval, a written report, in ten (10) copies, reviewing the reclamation progress for the year preceding the anniversary date, identifying lands reclaimed to date and identifying lands planned for reclamation during the current year. The annual report shall provide all detailed plans for the coming year that were not previously provided in the operating permit application. Financial responsibility shall be reviewed and updated to reflect earthmoving and reclamation progress.

2.

Engineer. A licensed engineer, commissioned by the applicant and familiar with the applicant's earthmoving activities and site, shall certify in a written annual report to the Department Director that the project is being developed and operated according to the conditions set forth in the approved operating permit and in accordance with generally accepted engineering practices. These reports shall be submitted to the Department Director and reviewed by the appropriate county departments. The operator (applicant) shall also furnish the Department Director with copies of all inspection reports required by and furnished to other regulatory agencies.

3.

Failure to File. Failure to file the required annual progress report shall be grounds for suspension of the operating permit. An extension of time for filing may be granted by the Department Director upon request for good cause shown.

4.

Fees. A schedule of fees for the annual progress report shall be established and revised periodically by the Board by resolution. These fees shall be those reasonably necessary to offset the additional extraordinary cost to the county incurred in the adequate review of all aspects of the progress report, and to insure the health, safety and welfare of the citizens of Manatee County. Such costs are more justly borne by the applicant, who will receive direct financial benefit from earthmoving activities in Manatee County. A fee for processing of the annual progress report shall be paid by the applicant at the initiation of such review.

R.

Acknowledgement of Compliance. Acceptance of reclaimed areas by the Department Director shall be obtained by written application of the applicant to the Department Director, identifying the lands and requesting acceptance within the requirements of this Section. Within a reasonable period of time thereafter, the Department Director shall either give a written acknowledgement of reclamation compliance or advise the applicant in writing why the subject site and haul road fails to meet the reclamation requirements. Approval of completion of reclamation requirements for a given operating permit shall be issued by the Department Director when the required subject site and haul road has been accepted. The bond required by this Section may be revised.

702.7.   Administration of this Section.

A.

Prohibitions. It shall be a violation of this Section and it shall be prohibited:

1.

To cause pollution, except as otherwise allowed in this Section, so as to injure human health or welfare, animal, plant, or aquatic life, or property;

2.

To fail to obtain any permit or approval required by this Section or by rule or regulation, or to violate or to fail to comply with any rule, regulation, order, permit conditions, or approval adopted or issued by the county pursuant to its lawful authority;

3.

To knowingly make any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this Section, or to falsify, tamper with, or knowingly render inaccurate any monitoring device required to be maintained under this Section or by any permit or approval issued under this Section; or

4.

To fail to timely inform the county of any significant changes in the approved earthmoving site plan or the terms and conditions of the operating permit. Any change in the location or construction of slime ponds, discharge points or changes reasonably expected to create increases in any air or water pollution shall be deemed significant and a violation of this Section.

B.

Notice of Violation.  

1.

The applicant shall provide the Department Director with copies of any notice of violation, noncompliance order, stop-work order, or other written notification by any state or federal agency of any alleged violation of or failure to comply with any law, Code, regulation, or order, within twenty-four (24) working hours of receipt of such notification by the applicant. Failure to provide such copy to the Department Director shall constitute a violation of this Section, subject to all penalties provided hereunder.

2.

If at any time during the term of the permit the applicant fails to comply with this Section, with appropriate rules and regulations of other departments of the county, the State of Florida, or the Federal government, or with the terms of the operating permit, the Department Director shall immediately issue an order notifying the applicant in writing of necessary corrective measures to be instituted within a specific period of time. Upon receipt of a Notification of Violation, the applicant shall cease all earthmoving activities until compliance with the county order is confirmed in writing by the Department Director.

C.

Pollution. No earthmoving activity shall pollute land or water, or damage aquatic or marine life, wildlife, birds, public or private property, or allow any extraneous matter to enter or damage any mineral or fresh water-bearing formation.

D.

Liability. If pollution or damage occurs, other than such pollution or damage specifically authorized by the applicable earthmoving site plan approval, or operating permit within any earthmoving site; from the operations of any person subject to Paragraph 732.6.3. Pollution, and thereby damages or threatens to damage human, animal or plant life, public or private property, or any mineral or water-bearing formation; said person shall be liable for all costs of clean up or other damages incurred by Manatee County and for damages resulting from injury to others.

E.

Proof. In any suit to enforce claims of Manatee County or others under this Section, it shall not be necessary for the claimant to plead or prove negligence in any form or manner. The claimant need only plead and prove the fact of the prohibited damage or polluting condition and that it occurred in violation of this Section at the facilities of the person conducting earthmoving operations pursuant to this Section.

F.

Asphalt Processing or Manufacturing in Conjunction with Earthmoving of Sand and Shell. Asphalt processing or manufacturing in conjunction with major earthmoving of sand and shell, shall be allowed as an accessory use to major earthmoving of sand provided that such manufacturing facilities are located at least one-half (½) mile from any residence or platted residential subdivision when installed; provided that sand and shell processing facilities are present on the site; and further provided that no noise, dust, or fumes from such operation are discernible at or beyond the lot line and that the operation meets the air pollution standards of the Manatee County Health Department, Environmental Health Services. The process required to establish the accessory asphalt plant shall be the same process required to establish the major earthmoving use, pursuant to Figure 6-1 of this Code. For the purpose of this section, the term "site" may include contiguous parcel(s) in another jurisdiction provided that the total site is under common ownership. Should the major earthmoving activity in both jurisdictions cease operation, the asphalt processing or manufacturing operation shall also cease. In the event that the major earthmoving activities are located in an adjacent jurisdiction, the developer shall submit copies of any reports required by the adjacent jurisdiction to the Manatee Department Director. Upon installation of such plant, the developer shall submit to the Department Director a Certificate of Compliance, signed and sealed by a licensed Engineer, certifying that the installation meets all the above-stated performance standards. Similar Certificates shall thereafter be submitted at yearly intervals, while the plant is in operation.

G.

Modification of Requirements. In zoning districts where earthmoving is permitted the Department Director may modify any of the requirements of this Section if the Department Director finds that the strict enforcement of such requirements would impose an unreasonable restriction on the use of the property, and that such modification will not adversely affect the health, safety and welfare of the public. In order to obtain such a modification, the person requesting the same shall apply in writing to the Department Director, stating in the application the requirement sought to be modified, any proposed alternative procedure, and facts sufficient to show that such modification shall not adversely affect the interest of the general public. After receiving recommendations from appropriate County departments, the Department Director may either grant, or deny the application for modification.