§ 24-159. Mineral extraction and mining.

(a)

Mineral extraction defined. Mineral extraction shall include all activity which removes from the surface or beneath the surface of the land some material mineral resource, natural resource or other element of economic value, by means of mechanical excavation necessary to separate the desired material from an undesirable one; or to remove the strata or material which overlies or is above the desired material in its natural condition and position. Open pit mining includes, but is not limited to, the excavation necessary to the extraction of sand, gravel, topsoil, limestone, sandstone, clay, oil and titanium. Mineral extraction excludes borrow pits which receive a permit under section 24-161 or fish ponds allowed under section 24-41.

(b)

Mining defined. The term "mining" means all functions, work, facilities and activities in connection with development, mineral extraction (whether primary or secondary) or processing of mineral deposits on land and all uses reasonably incident thereto. Examples include, but are not limited to, the construction of roads or other means of access, pipelines, waste disposal and storage, excavation and re-circulating water systems but excludes borrow pits, fish ponds, excavation solely in aid of onsite farming, onsite construction and the process of searching, prospecting, exploring and investigating for minerals. The term "processing" shall not include rock drying or the processing of rock in a chemical processing plant. All mining, excavation and mineral extraction activities shall require a mine permit (see section 24-159(g)) to be approved by board of county commissioners. All mining, excavation and mineral extraction activities must be located in an industrial zoning district or as a permissible use by mine permit and must comply with policies A.1.4.9, A.1.4.10, E.1.5.1, E.1.5.2, and E.1.5.3 of the county comprehensive plan. Heavy mineral mining includes excavation activities necessary for the extraction of titanium materials, zircon and staurolite.

(c)

Intent. It is the county's intent to provide for conditions relating to mining, excavation or mineral extraction activities in order to protect the health, safety, welfare, environment and natural resources of the citizens of Baker County. Further, the county intends to advance the clearly articulated, affirmatively expressed and actively supervised state policy as expressed in F.S. ch. 211. The criteria within this section are declared to be the minimum necessary to protect the health, safety and welfare of the citizens of the county. Approval for mining, excavation and mineral extraction activities through permissible use and by mine permit (see subsection 24-159(g)) in the review process.

(d)

Permitted uses. Activities associated with mining, excavation, reclamation, contouring, heavy mineral mining and mining operation activities as defined herein are permitted by right or as a permissible use by mine permit subject to the terms and conditions of Baker County's Land Development Regulations.

(e)

Uses not permitted. Any use not described in subsection (d) of this section as determined by the community development director or his designee.

(f)

Location criteria.

(1)

Minimum area is ten acres.

(2)

Access to a public right-of-way.

(3)

The area to be mined must be located a minimum of 500 feet from an off-site water body, or at a minimum distance from any water body so as not to adversely impact the minimum flows and levels established pursuant to F.S. § 373.042, as amended, which maintain the water resources or ecology of the area for any affected water body, to maintain its ecological health and ecological community structure, whichever is greater.

(g)

Application requirements for mine permits.

(1)

The applicant shall be required to attend a pre-application conference with the community development department staff. The director shall invite, as a minimum, representatives from the St. Johns River Water Management District, and the department of environmental protection to attend the conference.

(2)

The applicant shall complete the appropriate application forms as provided by the community development department which shall include: A boundary survey or sketch of the area to be mined; a legal description of the property; the name and address of the owner and, if applicable, evidence of the assignment of an agent who represents the owner; a topographic map at an appropriate scale showing existing contour lines, including all existing buildings, wooded areas, and unique natural features; the location of any habitat of threatened, endangered or special concern plant and animal species; the location of any wellfields on the property; the location of any high aquifer recharge areas; the location of floodplain within the property, approximate location of wetlands, environmentally sensitive lands and proposed setbacks, boundary survey including the U.S.D.A. Baker County soil survey, soil mapping units of all mining units.

The applicant shall provide sufficient information including, but not limited to, onsite data and engineering calculations so as to provide reasonable assurance the proposed activity shall not degrade or threaten nor violate state water quality standards in the Floridan Aquifer, during and post mining at the site. This shall include a description of spill potential, normal mining operations, or sinkholes and any other direct threat to the Floridan Aquifer from mining operations.

The applicant shall pay the applicable fee.

(3)

The applicant shall complete a site plan substantially in conformance with the requirements of subsection 24-456(c)(5). The specific requirements will be determined at the pre-application conference.

(4)

The applicant shall prepare an environmental assessment report that describes the effects of the proposed mining operation on the groundwater quantity and quality as a result of the mining operation, fugitive dust control measures and the land use within one mile of the site.

The assessment shall also address the impact of the proposed mining operation both onsite and offsite on the local jurisdictional wetland flora and fauna for wet and dry seasons (based on historic precipitation data) for pre- and post-mining conditions due to decreased or increased groundwater or surface water elevations at the site.

(5)

A proposed contour map shall be provided to the community development department depicting topographic and drainage characteristics.

(6)

The applicant shall post a financial assurances performance bond in the amount of 100 percent of the cost of contouring, reclamation, restoration and re-vegetation as defined in the "reclamation plan" to ensure compliance with all state and local regulations. The applicant, at his option, may provide the amount as established by the board of county commissioners upon the advice of the community development director, in an irrevocable letter of credit, negotiable certificate of deposit, or escrow agreement, to ensure that the excavation shall be performed in conformance with all state and local regulations. The provision of financial assurances to the state or a water management district pursuant to an environmental resource permit shall be deemed to satisfy this requirement.

(7)

The applicant shall prepare a contouring, reclamation, restoration and re-vegetation plan ("reclamation plan") that would meet the requirements of a conceptual plan under Florida law as specified herein and set the cost of reclamation as described hereafter. The reclamation plan shall include information necessary to confirm compliance with state and county reclamation requirements. For heavy mineral mining, the information required for reclamation plans under Florida Administrative Code Rule 62C-37.003 shall be included in the application unless otherwise approved by the county manager. For reclamation of solid resources other than phosphate, limestone, heavy minerals and Fuller's Earth, the information required for reclamation plans under Rule Chapter 62C-39.008, Florida Administrative Code shall be included in the application unless otherwise approved by the county manager. All such reclamation plans shall include information necessary to meet county requirements as set forth herein, as well as the state requirements for reclamation.

(8)

In no case shall excavation occur within 100 feet of any public roadway except those roads on site or within 100 feet of the property line, and except where the approved mine area includes the crossing of a public roadway or the relocation of a public roadway.

(9)

Mine permit general conditions. All mine permits shall comply with each of the following protections:

a.

Reclamation plan. All mining, excavation, reclamation, restoration, contouring, heavy mineral mining and mining operations shall be consistent with the county's approved reclamation plan for the proposed mine operation. The community development director shall require, at the applicant's expense, an independent written review by an appropriately licensed professional with mining experience, preferably with reclamation plan experience, to meet the requirements of the reclamation plan, which reviews compliance with this chapter. Supervision of the reclaimed site shall be under the supervision of an appropriately licensed professional with mining experience preferably with reclamation plan experience, to ensure the site(s) are returned, stabilized and suitable for future use as detailed in the approved reclamation plan.

b.

Air quality. All mining, excavation, reclamation, contouring, heavy mineral mining and mining operations shall undertake fugitive dust control measures as specified herein. Where the operations area is within 500 feet of an existing residence, such area shall be buffered from the residence to address air, noise and other potentially negative impacts. Air pollution modeling or other county approved calculation of potential small particle transport and human exposure potential shall be provided to the county for consideration relating to the issuance or denial of the permit. Examples include a minimum 150-foot buffer of mature trees or natural or planted vegetation at least six feet in height or a stabilized earthen berm having at least four feet in height to remain in place until reclamation activities are undertaken in the area. No land clearing or non-prescribed burning shall take place within the buffer areas. No buffer is required where mining is adjacent to undeveloped land or silviculture. All buffering measures shall be approved by the community development director.

c.

Land resources. All excavation, mining and mineral extraction shall require reclamation, restoration and re-vegetation through the use of mulch, liquid, resinous adhesives with hydroseeding, sod, or supplemental seeding with native ground cover. All topographical features, drainage patterns and contouring shall be restored in accordance with the conceptual reclamation plan approved as part of the mine permit. Depending on climatic conditions, fertilizers will be added to stimulate ground cover.

d.

Water resources. All excavation, mining and mineral extraction shall comply with federal, state and local laws, rules and regulations to ensure water quality is monitored and maintained. The mining activity shall not impact the natural groundwater surface elevations beyond the boundary of the applicant's property. The proposed mining activity shall not adversely affect wetland flora, and the functional value provided to fish and wildlife and listed species by jurisdictional wetlands and other surface waters within the applicant's property unless mitigation is provided. The mining activity during and post mining shall not degrade water quality in the Floridan Aquifer. The mining activity shall comply with the state water quality standards of discharge at the point(s) of discharge from the applicant's property in groundwater or class standards of surface waters at the point of discharge into any affected water body. The permit holder shall send copies of groundwater monitoring reports quarterly through the completion of mining activities or as provided for in the permit.

e.

Wetlands. All mined wetlands shall be reclaimed or mitigated as specified in the approved reclamation plan. When possible, and consistent with state and federal regulations, mitigation shall be onsite or within the boundaries of Baker County.

f.

Historical and archaeological. Should regionally significant historical and archaeological resources be discovered in the course of development, the community development director shall be notified immediately to investigate the significance of the findings.

g.

Wildlife and plant habitat. All mining, excavation, reclamation, contouring, heavy mineral mining and mining operations shall comply with federal and state laws, rules and regulations as set forth in federal or state permits issued to the applicant to conserve or improve the status of endangered and threatened animal species and preserve endangered, threatened, and commercially exploited plants.

h.

[Reclamation and restoration to be identified.] Prior to the commencement of excavation, mining and mineral extraction activities, any conceptual mine reclamation plan required by the Florida Department of Environmental Protection or other federal agencies or state agencies, as applicable, shall identify the reclamation and restoration requirements for the area to be mined. Copies of the permits issued by the department of environmental protection and those that may be required by other state agencies shall be submitted to the community development director when issued by such agencies.

(h)

Action by the board of county commissioners. In addition to the requirements of subsection 24-159(g), the applicant shall provide all relevant factual data, materials and/or oral testimony to support the action requested in the application for a mine permit. The board of county commissioners shall also review written and/or oral comments from the public in accordance with its established procedures.

After notice and two public hearings, the first of which may be conducted by the LPA, in accordance with article X of this chapter and the county comprehensive plan, the board of county commissioners may enact an ordinance establishing a mine permit including any special conditions related thereto, after consideration of the following and based upon findings that:

(1)

The proposed mine permit does not affect adversely the environment or orderly development of the county and does not adversely impact surrounding land use in accordance with this section.

(2)

The proposed mine permit is consistent with the county's goals, objectives and policies contained in the comprehensive plan. The board of county commissioner shall consider: The physical characteristics of the subject parcel and surrounding lands; impact on the surrounding transportation network; the availability and capacity of public services; and applicable development standards promulgated by the board of county commissioners.

(3)

The proposed mine permit will not affect adversely the health and safety of residents or workers in the area and will not be detrimental to the use of adjacent properties or the general neighborhood.

(4)

If the proposed reclamation would result in significant changes to the post mining topography, the county shall consider whether the proposed reclamation maintains or improves the uses and functions present on the site prior to commencement of the mining operations or provides alterations which serve a public purpose, such as enhancement of aquifer recharge, changes which maintain or improve the land's suitability for economic development, utilization by wildlife or recreational purposes. If the proposed reclamation would result in the creation of one or more permanent lakes, the county may consider whether the lakes are shaped at their banks in a manner similar to naturally occurring lakes in the Baker County area, and whether the slopes are designed and shaped to be stable and afford opportunities for future access and use, and whether the proposed reclamation plan incorporates reasonable future uses of the lake(s).

(5)

If the board of county commissioners enacts an ordinance approving a mine permit, the mine permit area shall be indicated on the official zoning map. All maps, plans, documents, agreements, stipulations, conditions, and safeguards constituting the development plan as finally approved shall be placed on file with the community development department and shall constitute the regulations for the specific mine permit that has been approved. All mining activities within the boundaries of the mine permit as approved shall take place in accord with such regulations.

(6)

Approval of an application for a mine permit by the board of county commissioners shall be contingent upon acceptance by the applicant within 30 days.

(i)

Approval of the mine permit. If a mine permit is approved with conditions which modify the development plan submitted for final approval, then after approval by the board of county commissioners, the applicant shall submit a revised development plan to the community development director for review. The community development director shall review the development plan for conformance with the ordinance passed under subsection (h) of this section. Action to approve, modify or deny the site development plan shall be taken by the community development director within 30 days of receipt of the plan.

(j)

Appeals. Any injured or "aggrieved party" by the final actions of the board of county commissioners may present to the circuit court of the county a petition for writ of certiorari to review such final action as provided in F.S. § 125.018. Such petition shall be presented to such court within 30 days after the date of such final action by the county. The appeal shall be in writing and shall identify with particularity the reasons why the decision of the county should be overturned based upon the applicable county criteria. Failure to file an appeal within said 30 days shall be deemed a waiver of all appellate rights.

(k)

Limitations. No written application by an owner of real property for a mine permit for a particular parcel of property, or part thereof, shall be filed with the community development department until the expiration of 12 calendar months from the date of denial of a written application for mine perm it for such property, or part thereof, unless the board of county commissioners specially waives said waiting period based upon a consideration of the following factors: the new written application constitutes a proposed mine permit different from the one proposed in the denied written application; failure to waive the waiting period constitutes a hardship to the applicant resulting from mistake, inadvertence, or newly discovered matters of consideration.

(LDR 2014, §§ 3.04.07.24, 3.04.07.24B, 3.04.33, 3.04.33a—3.04.33f; Ord. No. 2013-04, § 1, 7-15-2014; Ord. No. 2017-05, § 3, 7-18-2017)