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  Growth Management Report     14. 1.    
BCC Regular Meeting Public Hearing  
Meeting Date: 11/17/2016  
Issue:    5:46 p.m. - A Public Hearing - Issuance of Operational Permit for Resource Extraction for Blue Water Farms Borrow Pit
From: Horace Jones
Department: Development Services  

RECOMMENDATION:
5:46 p.m. - A Public Hearing Concerning the Issuance of Operational Permit for Resource Extraction for Blue Water Farms Borrow Pit

That the Board approve and authorize or deny the request for the Development Services Department of Escambia County to issue an Operational Permit for Resource Extraction for Blue Water Farms Borrow Pit, located at 2120 Highway 97, property reference number 18-3N-31-1101-000-000.
BACKGROUND:
Blue Water Farms Borrow Pit is a new mineral resource extraction borrow pit located at 2120 Highway 97. The proposed mining activity will occur on approximately 51.2 (+/-) acres of a 57 acre undeveloped parcel. The proposed mining area is located in the northern portion of the parcel.

All manmade structures will be removed from the site. There will be no permanent mining 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. 

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" as referenced in the Board’s minutes for existing operations.

Along with the direction given from the BCC on February 19, 2015, regarding existing borrow pit operations, the Board adopted new language for new mineral resource extraction and borrow pit operations within Escambia County with the aforementioned ordinance. Thus, this  new mineral resource extraction borrow pit must comply with all the current and relevant provisions for mineral resource extraction and borrow pit operations within Escambia County, as approved by the Escambia County Board County Commissioners on February 19, 2015.

Article VIII. - Borrow Pits and Reclamation, Section 42-323, Requirement 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."
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 an operational permit for resource extraction only for Blue Water Farms Borrow Pit.

Attachments
Development Order with Exhibits
Maps

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