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  Growth Management Report     11. 2.    
BCC Regular Meeting Public Hearing  
Meeting Date: 04/16/2019  
Issue:    9:16 a.m. - A Public Hearing Concerning the Issuance of an Operational Permit for Resource Extraction - Black Gold Sand and Clay Borrow Pit
From: HORACE JONES
Department: Development Services  

RECOMMENDATION:
9:16 a.m. - A Public Hearing Concerning the Issuance of an Operational Permit for Resource Extraction for a Borrow Pit Known as Black Gold Sand and Clay Borrow Pit

That the Board take the following action in regard to the “Operational Permit” for Resource Extraction for a new resource extraction facility borrow pit, located at 1950 Morgan Cemetery Road, parcel reference number 21-3N-31-1101-000-002.

A. Review and approve, modify, or deny the issuance of an Operational Permit for Resource Extraction for a new borrow pit;

and 

B. Approve and authorize the Development Services Department of Escambia County, Florida, to issue an Operational Permit for Resource Extraction for Black Gold Sand and Clay Borrow Pit, located at 1950 Morgan Cemetery 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."

The proposed borrow pit will occur on approximately 116.73 (+/-) acres of a 235.8 (+/-) acre undeveloped parcel. There will be no buildings or permanent equipment constructed or used at the site. The activity will include digging out material for use in construction projects. The material will be stockpiled and transported offsite. Development Order #1902530PSP for Black Gold Sand and Clay Borrow Pit was on issued on March 13, 2019. Furthermore, the approval of the DO is contingent upon the authorization and approval from the BCC for the operational resource extraction permit.
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 the resource extraction permit for operation of the Black Gold Sand and Clay Borrow Pit.

Attachments
Maps and Site Plan
Development Order with Exhibits

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