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Growth Management Report 10. 1.
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| BCC Regular Meeting |
Public Hearing |
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| RECOMMENDATION: |
5:45 p.m. - A Public Hearing Concerning the Issuance of an Operational Permit for Resource Extraction for Expansion of an Existing and Active Borrow Pit known as Devine Farm Borrow Pit located at 4478 Devine Farm Road
That the Board take the following action in regards to the “Operational Permit” for Resource Extraction for an expansion of an existing and active resource extraction facility borrow pit, located at 4478 Devine Farms Road, Parcels 34-1N-31-1102-000-000 and
34-1N-31-1203-000-000:
A. Review and approve, modify, or deny the issuance of an Operational Permit for Resource Extraction for an expansion of existing and active borrow pit;
and
B. Approve and authorize the Development Services Department of Escambia County, Florida, to issue an Operational Permit for Resource Extraction for an expansion of Devine Farms Borrow Pit, located at 4478 Devine Farms Road. |
| BACKGROUND: |
At the February 19, 2015, Board of County Commissioners (BCC) Regular Meeting, the BCC unanimously approved adopting (by Ordinance Number 2015-5) the amendments to the Borrow Pit Ordinance, as amended to grandfather existing, permitted borrow pits, "based on the three additional items: (submitting an annual affidavit of activity, agreeing to inspections by the County and a termination provision of five years); (incorporate the grandfathering provisions provided in the Errata Sheet and) strike all reference to reclamation activities in Items 5, 5.a., 5.b., and 5.c., on the Errata Sheet. Furthermore, the BCC stated that approval of the borrow pit "does not guarantee a reclamation permit for the future.""
Article VIII. - Borrow Pits and Reclamation, Section 42-323, Requirements and permits., of the Escambia County Code of Ordinances (Ordinance Number 2015-5), approved by the BCC at its February 19, 2015, Regular Meeting, requires a Public Hearing to obtain the permit.
Article VIII.- Borrow Pits and Reclamation, Section 42-324, Scope and compliance., of the Escambia County Code of Ordinances (Ordinance Number 2015-5), approved by the BCC at its February 19, 2015, Regular Meeting, requires "...All property subject to this article must be brought into compliance by meeting the standards required by this article, to include applicable grandfathering, and by obtaining a permit from the County at a public hearing to be set before the Board of County Commissioners no later than one hundred twenty (120) days after the enactment of this ordinance."
On July 23, 2015, the BCC voted unanimously approving and authorizing the Development Services Department of Escambia County to issue an Operational Permit for Resource Extraction for Devine Farm Borrow Pit (see Exhibit B). As an existing borrow pit operation for resource extraction, a Development Order #PSP2002668 was issued on September 2, 2020, for the expansion of its borrow pit resource extraction operation to include an additional 53.05 (+/-) acres. Thus, the total size of the borrow pit would be 62.59 (+/-) acres. Furthermore, the approval of the Development Order is contingent upon the authorization from the BCC for the operational resource extraction permit, for the expansion of the Devine Farm Borrow Pit, to be issued. |
| BUDGETARY IMPACT: |
| N/A |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The County Attorney's Office has reviewed and approved the recommendation for legal sufficiency. |
| PERSONNEL: |
| N/A |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| The recommendation is in compliance with Chapter 42, Article VIII, Borrow Pits and Reclamation, of the Code of Ordinances of Escambia County, Florida. |
| IMPLEMENTATION/COORDINATION: |
| Upon approval by the BCC, the Development Services Department will issue a Development Order for expansion of the existing resource extraction only for Devine Farms Borrow Pit. |
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