palm beach county · until the presentation of a report to the board of county commissioners (bcc)...

PALM BEACH COUNTY

PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Application No.: CA2006-01930 Control No.: 2006-00554 Applicant: Rinker Inc Owners: King Ranch Inc Agent: Greenberg Traurig, PA - Ronald Kollins Telephone No.: None Project Manager: Carrie Rechenmacher, Senior Site Planner ______________________________________________________________________ Location: Approximately 10 miles south of Belle Glade on the east side of SR827 (South Bay Quarry) ______________________________________________________________________ Title: A Class A Conditional Use. Request: To allow a Type III B excavation. ______________________________________________________________________ APPLICATION SUMMARY: Proposed is a Class A Conditional Use for a Type III B excavation on a 3,773.42-acre parcel of land in the Agricultural Production (AP) Zoning District. A Type III B excavation allows extensive processing of materials on site and the use of explosives to extract the material. The proposal is to excavate 80% of the property creating a series of lakes covering approximately 3,013.95 acres in land area in three phases. The excavation is proposed to proceed at a constant rate over a period of 37 years, commencing from 2009 to 2045, and extracting the aggregate at a rate at a maximum of 100 acres a year. The limestone aggregate will be marketed for road building and construction. The land's current use as a sugar cane farm will shift to water storage as the excavation project progresses. Access to the site will be from US Highway 27/ L-19 Canal right-of-way. The site plan indicates a leased 100-foot internal right-of-way for trucks and railway access extending eastward varying from 11 to 14 miles to the processing plant and excavation area. The excavation site and ancillary uses are adjacent to and in close proximity to the easterly SR 827/ L-15 Canal right-of-way. ______________________________________________________________________ o Zoning Commission (ZC) Hearing September 6, 2007 At the September 6, 2007 ZC hearing, Barbara Alterman, the Executive Director of Planning, Zoning and Building Department, requested the postponement this application until the presentation of a report to the Board of County Commissioners (BCC) on September 11, 2007 by Kenneth Todd, PBC Water Resources Manager on the Mining Impacts in the Everglades Agricultural Area (EAA). The applicant objected to the postponement, and the ZC concurred with the applicant allowing the project to be heard. Discussion at the hearing focused on whether there is any potential impact of the Excavation activities. The agent for the applicant provided additional material and studies in regard to the project The ZC discussed the end use of the site and if the steep slope of the quarry would be dangerous years from now if this area is ever developed and the potential risk of children playing and falling off of the quarry slopes. A Planning Condition requiring the end use of the quarry for future recreational activities was deleted in response to this discussion and other liability concerns expressed by the

BCC October 25, 2007 Page Application No. CA2006-01930 BCC District 06 Control No. 2006-00554 Project No. 08058-028

applicant. After a brief discussion about the compatibility of the site, and seeing no opposition from the public, the ZC voted unanimously for approval of this application. o South Florida Water Management District’s letter to the County dated September

11, 2007 The Planning and Zoning Divisions have changed the recommendation from approval to denial based on new information provided in the letter from SFWMD to the County dated September 11, 2007. The SFWMD letter states that the benefits or potential impacts to the ongoing efforts to restore the Everglades; provide water quality; water supply; or flood control; can only be determined after a complete technical analysis on a case-by-case basis. County staff had previous discussions with SFWMD regarding this issue. The previous letter from SFWMD to the County dated March 5, 2007 did not provide sufficient clarification for staff to evaluate the application and had no substantial basis to deny this application. FINDINGS: o Denial Recommendation When considering a development order application for a proposed amendment, the Board of County Commissioners (BCC) or Zoning Commission (ZC) shall consider the following standards indicated below. An amendment, which fails to meet any of these required standards, shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the Class A Conditional Use request for compliance with the standards that are expressly established by Article 2.B.2.B and provides the following assessment. Staff is recommending denial based on inconsistencies of Article 2.B.2.B.1 Consistency with the Plan, Article 2.B.2.4 Design Minimizes Adverse Impact, Article 2.B.2.5 Design Minimizes Environmental Impacts, Article 2.B.2.9 Changed Conditions or Circumstances: Conditional Use Standards: 1. Consistency with the Plan. The proposed use or amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. The proposed use is consistent with the AP Future Land Use Designation. However, the SFWMD submitted a letter dated September 11, 2007 to the County clarifying the issue of mining and the possible benefits or harms they may pose and the documentation necessary in order to make such a determination. Based on this new information, the request may be inconsistent with the Comprehensive Plan. This cannot be ascertained without the applicable geotechnical data being submitted to the SFWMD so that a determination can be made. The following Comprehensive Plan policies specifically address the proposed use.

FLUE Policy 2.3-a:1. states. “Palm Beach County shall…ensure that mining and excavation activities…are conducted in an environmentally sound manor, such as, but not limited to, depth restrictions and impacts on littoral zones, ground water, distribution of dissolved chlorides or existing and future wellfields and private wells.”

FLUE Policy 2.3-e.3 states, “Mining and excavation activities, as applicable, shall be restricted as follows: ”Within the Agricultural Production Future Land Use designation, mining may be permitted only to support public roadway projects or agricultural activities, or water management projects associated with ecosystem restoration, regional water supply or flood protection, on sites identified by the South Florida Water Management District (SFWMD) or the U. S. Army Corps of Engineers where such uses provide viable alternative technologies for water management.”


CON Goal 3 states, “It is the GOAL of Palm Beach County to protect surface water and groundwater quality and quantity by discouraging activities that would damage or degrade water resources.

CON Policy 3.1-a: The County shall continue to coordinate with the South Florida Water Management District and/or an advisory committee created by the District to assist with implementation of the provisions of the regional water plan to evaluate long-term environmental needs and restrict activities that result in the degradation or over-utilization of potable water resources and assure adequate water supply for: 1) native ecosystems and other lands with significant native vegetation; 2) agriculture; and 3) domestic and industrial needs.

CON Policy 3.1-p: The County shall coordinate with South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (US ACE) on the Comprehensive Everglades Restoration Plan (CERP).

The applicant states in the justification statement and application materials that this project will comply with Policy 2.3-e. More specifically, that, “The excavation will produce limestone aggregate that will be marketed for road building and construction. The ultimate result of the project will be the creation of a series of reservoirs that will generate significant environmental benefits, including the support of ongoing governmental and public efforts at regional watershed restoration, as well as an agricultural irrigation source.” While the stated primary and subsequent uses proposed may be of benefit, there is possible irreparable harm and the necessary geotechnical analysis must be done to assure that no negative results will occur as a result of the request.

Based on the comments in the SFWMD’s letter, dated September 11, 2007, “the water resource benefits, …and potential impacts of siting a mine facility in the Everglades Agricultural Area (EAA) must be demonstrated by a thorough technical analysis.” To date, and to the best of staff’s knowledge, this data has not been submitted by the applicant to the SFWMD for appropriate evaluation. Therefore, staff has determined that the applicant has failed to provide sufficient data to demonstrate that the proposed use is consistent with the Comprehensive Plan.

2. Consistency with the Code. The proposed use or amendment complies with all applicable standards and provisions of this Code for use, layout, function and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, Supplementary Use Standards. The proposed uses will meet all supplementary use standard requirements, as defined by the County ULDC. These standards are detailed in the Excavation Operation and Construction statement submitted in conjunction with this application.

The use will comply with all standards imposed on it by applicable provisions of the Code for use, layout, function, and general development characteristics. The site will be subject to rules for excavation, mining and water conservation, including the storing and handling of hazardous materials (such as petroleum products), location, access, separation requirements, and all applicable state and federal regulations.

Article 4.D.5.F. states mining located in the AP District in the AP FLU Designation shall be limited to the support of public road construction projects, agricultural activities, or water management projects associated with ecosystem restoration, regional water supply or flood protection on sites identified by the SFWMD or U.S. Army Corps of Engineers where such uses provide viable alternative technologies for water management. Use Limitations Condition 3 has been provided to address this provision.

Standards of Article 4.D. Section 1, Purpose and Intent is to prevent the cumulative negative impact on PBC natural resources and to achieve these goals, it is the intent of the Section to meet standards A – I. Based on the recent information provided staff can not insure compliance with the following:

• 4.D.1.A. ensure that mining and excavation activities do not adversely impact the health, safety, and welfare of the citizens of PBC;


• 4.D.1.B. prevent immediate and long-term negative environmental and economic impact of poor land development practices;

• 4.D.1.C. encourage the use of economically feasible and environmentally sound mining and excavation practices; and,

• 4.D.1.I. ensure that the excavation and mining activities and resulting mined lakes are not allowed to become public safety hazards, or sources of water resource degradation or pollution.

These standards as outlined in the ULDC cannot be insured based on September letter from SFWMD and the application provided for this proposal.

3. Compatibility with Surrounding Uses. The proposed use or amendment is compatible and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. The proposed use is compatible with the surrounding uses. Lands that are in active agricultural use surround the Project. The project will foster agricultural use by the transference of viable muck for agricultural production onto surrounding sites. There will be virtually no traffic impacts on the surrounding area. A study was undertaken which demonstrated that there would be virtually no impacts in terms of noise or vibration on the surrounding area. The creation of the littoral zone will benefit the adjacent Wildlife Refuge, and the water table in the EAA insures that no negative water impacts will occur from the mining operation.

4. Design Minimizes Adverse Impacts. The design of the proposed use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. Until an evaluation and technical analysis is done by the SFWMD, impacts from the mining proposal cannot be determined. The distance to the nearest agricultural residence is over 2 miles, and it is over 13 miles to the nearest residential community. The project is to transport the bulk of all mined materials off the site by rail, virtually eliminating any traffic impacts. Proposed blasting limitations and procedure are significantly lower than allowed by more stringent codes in South Florida and are adopted as good management practice by the Federal Bureau of Mining. 5. Design Minimizes Environmental Impacts.The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The Property is under agricultural use; therefore no existing habitats will be impacted by the use change. The property owner anticipates significant benefit to the overall ecosystem by retaining stormwater and reducing the needed irrigation water for the King Ranch property. However, this is not consistent with statements made by the SFWMD. Until an evaluation of any benefits or negative impacts area made it cannot be determined that environmental impacts are minimized. A natural wetland area will be created through the consolidation of littoral areas into a 33.48-acre natural wetland area. The applicant represents that due to the low water table maintained in the EAA negative impacts are not anticipated to occur to surrounding water systems. However, in a letter dated September 11, 2007, the SFWMD states that mining activities must be studied on a case-by-case basis to evaluate it benefits or potential negative impact to the Everglades Restoration, water quality, water supply and flood control. Until this analysis is done it cannot be determined that the design minimizes any shown impacts.

In addition a $.05/ton environmental surcharge is being levied by the County ERM division to offset any potential environmental impacts generated. However if the SFWMD determines the excavation could be a negative impact then this surcharge may not be sufficient to offset any impacts.


6. Development Patterns. The proposed use or amendment will result in a logical, orderly and timely development pattern. The requested use is appropriate for this area of the County, and is well isolated from any development that would be negatively impacted. The site will be accessed via US 27, for which a conceptual turnout permit has been secured, and which may accommodate the relatively minor volume of traffic this project may generate. The proposed conditional use is compatible with adjacent Agricultural Production uses and is consistent with the development patterns in the vicinity. The demand for rock for road construction continues to grow as the development in Florida continues to require new or expanded highways. Also the demand for onsite agricultural water storage is growing to reduce agricultural runoff in the regional canal system to improve regional water quality and long-range supply. However due to the recent findings indicated by the September, 2007 SFWMD letter indicate the water resource benefits particularly those that might be related to the Everglades Restoration and the potential impacts of siting a mine facility in the EAA must be demonstrated by a thorough technical engineering analysis.

7. Consistency with Neighborhood Plans. NA 8. Adequate Public Facilities. The extent to which the proposed use complies with Article 2.F, Concurrency. The site is approved for a 3,013 acre Type III B excavation. The project will comply with and be subject to all concurrency requirements as defined by the Code.

9. Changed Conditions or Circumstances. There are demonstrated changed conditions or circumstances that necessitate a modification. The applicant stated that the rapid population growth in Florida is an important trend that has created significant demand for construction materials and pressure on transportation resources. This demand has led to significant shortages of basic construction materials, such as construction aggregates.

In addition, ecosystem restoration scientists continue to seek ways to mitigate the impacts of agricultural operations in the EAA, and the reservoirs created through mining are an additional tool to be used for ecosystem restoration. By creating a potential stormwater retention area and irrigation source, the proposed Project can have significant beneficial impacts on these efforts. In addition, the sugar farming industry will benefit from having on-site water reservoirs and will help reduce nutrient burden run off.

The growth of Florida has fueled a height demand of aggregate products currently no being met by suppliers within the state A study produced by the Florida Department of Transportation in March of this year highlighted the importance of locally produced aggregate material not only to support their road building activities, but also for the impacts to the overall economy. The subject site has been deemed viable to the petitioner for extracting lime rock and sand for use in roadway construction and other government uses.

On September 11, 2007, Palm Beach County staff presented a study of the Mining Permitting Process and how it addresses the concerns of the environmental impacts at multiple jurisdictional levels. Preliminary reports reflect the fact that any quarry operation must receive approvals from the Water Management District, Florida Department of Environmental Protection, the State Fire Marshall, and in some cases even the Army Corp of Engineers. This multilevel permitting process takes many years.

However by granting Zoning approval prior to any evaluation by the technical permitting agencies grants applicants rights, which may actually be harmful in the future. The results of the PBC 2007 Mining Study were that better and more coordination between permitting agencies must occur. The report also identified the need for a more detailed analysis of seepage impacts including cumulative impacts. The study also identified the need to clarify whether an EAA mining project can be used for water management purposes.


At the workshop on the Mining Study, the SFWMD (Carol Wehle) presented that letter attached as an exhibit to the express concern about blanket determination that mining will benefit water management goals. As stated in the letter case by case analysis of every project is necessary to determine the benefits or potential negative impacts.

Staff recommends denial until an evaluation of this project by the SFWMD is done and a letter from the SFWMD Board is received indicating the benefits of the excavation at this site and that no negative impacts will occur as a result of this excavation. ISSUES SUMMARY o September 11 report on the Permitting Process Regarding Mining Impacts within

the Everglades Agricultural Area (EAA) presented to the BCC On February 6, 2007 the BCC approved a recommendation to perform a study to provide information concerning the impacts of large-scale mining in the EAA. The County Water Resource Manager presented results of the study on September 11, 2007. The BCC. This study was to review the issues and the existing permitting process, identify any additional data needs, and identify any needs for better permitting requirements or coordination. State legislature recently passed a bill addressing rock mining within the State of Florida. This law requires the formation of a 15 member Statewide Mining Task Force to develop recommendations for mining within the state. The law limits mining moratoria by a local government to one year and requires all local governments to take into account information provided by the FDOT about the sources of aggregate when evaluating mining operations during the local review and approval process. Additionally, it was agreed by the Agencies involved in the Comprehensive Everglades Restoration Program (CERP) that the existing regulatory programs provide reasonable assurance that future mining operations will not impact the performance of proposed CERP projects. Based on the September 11, 2007 letter and representation made by the SFWMD impact on CERP by the future mining operations is very complex and involves a variety of potential technical challenges and site-specific facility requirements. The applicant has not demonstrated at this time a thorough technical engineering analysis to verify the impact of the proposed mining operation to restore the Everglades, provide water quality, water supply or flood control. The Palm Beach County 2007 Mining study also called for improved coordination among the various regulatory agencies and the Statewide Mining Task Force and more comprehensive standards for reclamation efforts, a more detailed analysis of hydrologic and seepage impacts, cumulative impacts of mining, the elimination of piece meal construction of wetlands, addressing impacts to roads, railroads, and utilities and address and Landscape requirements in the EAA. o Consistency with Comprehensive Plan

The Palm Beach County Planning Division has determined that although the request is

allowed within the Agricultural Production (AP) Future Land Use designation, staff is recommending denial based on new information that suggests a more technical analysis is required to determine if the request can meet both the intended goals and pose no potential harm to water quality or water resources of the area. See Planning Comments for additional information. o Excavation in the Agricultural Production (AP) FLU and Zoning District The Comprehensive Plan and the ULDC require mining in the AP Zoning District as permitted only if the aggregate is to support public roadway projects or the excavation supports agricultural activities, or water management project associated with the ecosystem restoration, regional water supply or flood protection. The applicant indicates in the justification statement and mining impact statement that the project will support public road projects, the completed reservoirs will enable the surrounding sugar cane


farms to more efficiently manage surface water, provide an agricultural irrigation source and support public efforts at regional watershed restoration. The applicant also states that the South Florida Water Management District acknowledges that the shift from the land’s current use a sugar can farming to water storage will help reduce the nutrient burden of water entering the Stormwater Treatment Area. However, according to the letter dated September 11, 2007 (Exhibit ?) addressed to Robert Weisman the benefits or potential impacts to the ongoing efforts to restore the Everglades, provide water quality, water supply, or flood control, can only be determined after a complete technical analysis on a case-by-case basis. o West County Agricultural Area (WCAA) and Mining Impact Statement The ULDC requires a Mining Impact Study to be submitted for a Type III B excavation in the West County Agricultural Area (WCAA) if requesting setback relief. (The WCAA area is bounded roughly by Lake Okeechobee, Palm Beach-Hendry County Line, and the SFWMD Levees L-4, L-5, L-6, L-7 and L-8) The applicant submitted a statement that details all methods and procedures for material extraction, processing, storage and hauling operations. The statement includes the time of day blasting will occur, the maximum number of holes to be shot each occurrence, including the type of explosive agent, maximum pounds per delay, method of packing and type of initiation device to be used for each hole. Staff is recommending conditions as proposed in the statement to reflect the applicant’s request and methodology for excavation. The study is required for projects in the WCAA, which seek a reduction in the required separations. The petitioner does not propose any reduction of the ULDC setback or separation requirements. o Compatibility with Surrounding Land Uses Agriculture lands engaged in active sugar cane production in the Glades Overlay Tier surround the site to the north, south, and west. The Loxahatchee Wildlife Refuge is to the east of the 500 foot right-of-way for the L-15 Canal. The closest residential property is 2.8 miles from the site and the closest residential neighborhood is 13 miles distance. The applicant indicates that the creation of a reservoir will enable the surrounding sugar cane farms to more efficiently manage surface water, provide an agricultural irrigation source and support public efforts at regional watershed restoration. The ULDC addresses compatibility with surrounding land uses through the application of setbacks, landscape buffers, and other considerations. As proposed and subject to the recommended conditions of approval, staff does not anticipate any adverse impacts to the surrounding properties from the request. o Environmental Impact The applicant maintains that the quarries will capture stormwater runoff that creates nutrient loads in the larger water system. This has significant benefits not only to the refuge, but to the larger Everglades ecosystem. Because the Refuge is maintained at a significantly higher water level than the agricultural areas, no water quality impacts will be generated by the quarry, as all movement in the area will be out of the Refuge. The applicant also states that the South Florida Water Management District acknowledges that the shift from the land’s current use a sugar can farming to water storage will help reduce the nutrient burden of water entering the Stormwater Treatment Area. However, by letter dated September 11, 2007 (Exhibit ?) addressed to Robert Weisman the benefits or potential impacts to the ongoing efforts to restore the Everglades, provide water quality, water supply, or flood control, can only be determined after a complete technical analysis on a case-by-case basis.


o Traffic

The Traffic Division estimates that this request will generate approximately 524 trips per day. The property owner shall obtain a Turnout Permit from the Florida Department of Transportation for access onto US Hwy 27. o Landscape/Buffering A buffer is not required adjacent to land in agricultural production in the AP district if the land is used solely for bona-fide agricultural purposes. The ULDC does however require a right-of-way buffer. To reduce the negative visual impact of the industrial nature of excavation uses, and to assure a further separation from the Loxahatchee Wildlife Refuge, the applicant has agreed to a 100-foot right-of-way buffer adjacent to the proposed asphalt or concrete batch plants and excavation areas abutting US Hwy 827 Landscaping along the south 7260 feet of the east property line (abutting L-15 Canal and SR 827 frontage), is proposed to be upgraded to include a minimum one hundred (100) foot wide landscape buffer strip with no width reduction or easement encroachment permitted, and a continuous minimum eight feet high berm graded at a 3:1 slope subject to FP&L guidelines. The plateau of the berm will include canopy trees planted 15 feet on center with 50 percent of the trees a minimum 14 feet high. All berm slopes shall be planted with native grasses and ground cover and the landscape buffer will be installed within one year of commencement of excavation activity.

This condition will exempt the north 4230 feet from this requirement and shall be subject to only ULDC right-of-way landscape buffer requirements as this area will be the location of the consolidated littoral zone planting area. Staff recommends landscaping along the 400 feet of the west property line, abutting US Hwy 27 frontage, to be upgraded to include a minimum 30-foot wide landscape buffer strip with a continuous minimum four feet high berm. The plateau of the berm is to include a double row of canopy trees planted fifteen feet on center with 50 percent of the trees a minimum 14 feet in height. All berm slopes will be planted with native grasses and ground cover, and the buffer installed within one year of commencement of excavation activity. o Perimeter Landscaping Ancillary Uses Staff recommends a landscape buffer upgrade surrounding the property lines for the ancillary use frontage parcel on US Highway 27 and the 63.8-acre concrete batch plant on the eastern portion of the site adjacent to SR 827. The upgrade will include a minimum ten (10) foot wide compatibility landscape buffer strip with one (1) additional palm or pine for each for each 30 linear feet. Landscaping shall be installed prior to a building permit approval for the ancillary parcels. o Littoral Zones

The ULDC requires planted littoral zones of 8 square feet per linear foot of shoreline. Creativity in design of placement of the littoral zone is encouraged, such as the location of the littoral zone in one location as long as the basin as a whole contains the total required littoral area. The property owner has chosen this alternative to consolidate rather that provide littoral areas for each lake. This concentration of littoral area provides for a more viable littoral and wetland area and would complement the Loxahatchee Refuge to the east to create a further wetland resource and provide additional habitat areas. Because the water table in the Refuge is maintained at a significantly higher level than the agricultural areas, there would be no issues related to water quality impacts, as all movement in the area will be directed out of the Refuge

This littoral site will cover 33.48 acres and will be planted with typical littoral zone vegetation. Although the area will meet the littoral requirements for all phases of the


mining operation, it will be constructed at the completion of Phase I, thus providing benefits ahead of the required deadline for final reclamation. o Signs No signage has been proposed through this request. If signage is proposed staff recommends a condition limiting signage fronting on US Hwy 98 frontage and access parcel to a maximum of one (1) sign with a maximum height of ten (10) feet and with a maximum sign face area per side of 100 square feet. o Phasing The chart below indicates the time frame and excavated area per year for the projected time resulting in providing a total of 10 reservoirs and the 33.48-acre littoral area adjacent to Lake 2.

Reservoir Maximum Disturbed Area Over a 37 Year Time Span

Reservoir 1 Phase 1

Reservoir 2 Phase 1

Reservoir 3 Phase 1

Reservoir 4 Phase 2

Reservoir 5 Phase 2

Year 1-5 2009-2013

Year 5-8 2013-2016

Year 8-12 2016-2020

Year 12-16 2020-2024

Year 7-19 2025-2027

371.51 Acre Lake Area





Reclamation Complete 2023





Reservoir 6 Phase 2

Reservoir 7 Phase 2

Reservoir 8 Phase 3

Reservoir 9 Phase 3

Reservoir 10 Phase 3

Year 20-25 2028-2033

Year 25-30 2033-2038

Year 31-32 2039-2041

Year 32-33 2040-2042

Year 33-37 2041-2045

479.99 Acres Lake Area










o DRI

The yearly maximum rate of disturbance will not exceed 100 acres per year to be consistent with State Development of Regional Impact DRI thresholds for review. Provided the excavation is at or below this threshold a DRI review is not required. Only one active phase is proposed at a time and King Rancher will continue to farm the land until mined. o Excavation Procedures The applicant states that the proposed mining activity would provide aggregate materials for the building industry along the east coast and central portion of Florida. However the Comprehensive Plan and the ULDC limit the use of the aggregate to public roads, therefore no other use of the aggregate shall be permitted. Article 4.D.5.F. states mining located in the AP District in the AP FLU Designation and shall be limited to the support of public road construction projects, agricultural activities, or water management projects associated with ecosystem restoration, regional water supply or flood protection on sites identified by the SFWMD or U.S. Army Corps of Engineers where such uses provide viable alternative technologies for water management. The excavation operation will involve the use of blasting with dynamite and explosives to fracture the rock so as to enable removal of the material. That blasting will not impact the surrounding area because it will be done beneath the water table, "in the wet", greatly reducing and controlling noise, vibration and dust impacts. The wet method of


extraction will allow removal by drag lining or dredge so there will be no need for dewatering the quarries. Extraction would also include the use of heavy industrial equipment to crush, sift and transport the material by rail or truck. The rock will be shipped by rail connection to multiple points of destinations along the central and east coast of Florida.

o Haul Permit The applicant’s justification statement reports that 10% of the aggregate will be trucked off site therefore a haul permit will be required from the Land Development Division. The remainder of the aggregate will be shipped by rail for the FEC and CSX railroad, which connects to multiple points along the east coast of Florida and Central Florida then distributed throughout the state to support construction and transportation projects. One railroad spur line extending 11 miles to the ancillary use and excavation area will be installed to establish this connection. (See heading on ‘Excavation Procedures’ for limitations on uses of the extracted aggregate) o Depth of Excavation The ULDC allows a maximum depth of twenty (20) feet from the ordinary water line (OWL) for excavation activity. The maximum depth may be exceeded if approved by the Palm Beach County Department of Environmental Resource Management (ERM) in accordance with the Code excavation administration and enforcement standards. ERM has provided a condition requiring a variance request if the proposed depth should exceed this ULDC excavation standard. o Excavation Equipment and Accessory Uses All of the mobile equipment on-site is either gasoline or diesel powered. The location of the mobile equipment varies and depends on the progression of mining within the mining area. The types of equipment to be utilized onsite may include items such as: Hydraulic Excavators, Front-end Loaders, Bulldozers, Generators, Dragline & Dredges, Limestone processing plant, Air Compressors, Service Trucks, Pick-up Trucks, Water Pumps, (simply for moving water, not for dewatering).

The majority of equipment will be serviced at an equipment shop. The equipment shop will be located in the office and processing plant area, and will consist of a covered warehouse structure for the storage of tools and parts, a mechanic’s work area, and an employee training room and restroom facilities. Any equipment serviced in the pit area is done so using good maintenance practices. Any waste generated is captured and deposited in recycle containers for proper disposal. A spill response kit is also available should an accident occur.

An aggregate processing plant will be situated west of SR 827 (Brown Farm Rd.) and east of the FP&L power lines in Section 32, T45S R39E occupying the 63.88-acre plant area indicated on the site plan. Accessory uses consist of an office building, maintenance shop, employee parking, and above ground petroleum storage tank facility (20,000 gallon vehicular diesel tank) with requisite secondary containment. Operational equipment will include a series of overland conveyors, and hoppers, rock crushers, and stackers. Conveyors will be utilized to transport extracted rock material from the excavation to the processing plant and to the railroad cars, which will serve as the exclusive offsite transportation modes.

o Access


The subject site has 400 feet of frontage on the US HWY 27, L-12 Canal right-of-way. The ULDC requires direct access for a Type III Excavation to an arterial or collector street as designated on the County’s Future Thoroughfare Identification Map. The 330-foot wide L-19 right-of-way is owned by South Florida Water Management District and includes a 50-foot overlap into the 220-foot right-of-way for US HWY 27. The ultimate right-of-way for the L-19 and US 27 is approximately 500 feet. An existing bridge accesses the property over the L-12 canal. The frontage parcel was established to

address the frontage criteria of the Code. The Engineering Division will not allow an additional access on SR827; therefore the only way to arrive at the excavation site is by the interior 11-mile access road established by the applicant for this purpose. The access right-of-way will include a railroad spur as well as a road for vehicular uses. Staff has provided an access condition 1 limiting the site to the one vehicular access point. o Setbacks and Separation Landscape Buffering and Setbacks The ULDC recommends that excavation projects in the WCAA shall be evaluated on a case by case basis or comply in accordance with the compatibility criteria in the Code to ensure there are no negative impacts from the proposal. The justification states that all of the excavated pit area and operation will be more than 2.8 miles from the closest residential property and 13 miles from the closest residential neighborhood. Given that there are no buildings within a mile of the site and exceeds the seismic 1-mile radius standards for testing pursuant to State monitoring regulations a negative impact is not anticipated. The proposal will therefore exceed the following Code requirements. Setbacks shall be measured from the outermost edge of the excavation area (top of bank) structure, building, equipment, or stockpile to the boundary of the excavation project.

Separation from Commercial and Industrial Uses Commercial: 1/2 mile Industrial: 1/8 mile

Table 4.D.5.F-22- Setbacks Based On Separation From Residential Uses Separations Uses 1 mile 2 mile 1/4 mile 1/8 mile Mined lake edge 50' 100' 500' 1200'

Processing equipment 100' 300' 800' 1400'

Stockpiles 100' 300' 700' 1300' Accessory buildings & structures

100' 100' 100' 100'

Table 4.C.5.F-23 - Setbacks Based On Separation From Commercial And Industrial Land Uses Commercial/Ind Uses Setback Mined lake edge 100' Processing equipment 200' Stockpiles 200' Accessory buildings & structures 100'

All setbacks and separations required by the Code are exceeded by this proposal and a compatibility study was not required as applicant owned sugar cane fields surrounds the property. All equipment shall be 200 feet from all other property lines. o Perimeter Reclamation The ULDC requires a minimum, 75 percent of the perimeter of the excavated area shall have a width of 180 feet; and the remaining 25 percent shall have a width of 100 feet. All disturbed and reclaimed areas shall be planted or seeded with a permanent native ground cover to reduce the loss of topsoil due to water and wind erosion, to provide


adequate growing conditions for reclamation planting requirements and to prevent the establishment of prohibited plant species. The Code requires reclamation to occur immediately following the end of excavation or immediately following each phase of excavation, whichever occurs first. Upon commencement of reclamation and rehabilitation of the initial phase of this excavation, the next phase of excavation may commence upon written authorization by DRO. The applicable guarantee must be on file prior to authorization for the commencement of excavation on any subsequent phase.

TABULAR DATA

EXISTING

PROPOSED

Property Control Number(s)

00-36-45-23-00-000-1010 Same

Land Use Designation:

Agricultural Production (AP) Same

Zoning District: Agricultural Production District (AP)

Same

Tier: Glades Tier Same Use: Agriculture, Bona Fide

Excavation, Type III B

Acreage: 3773.42 acres Same Access: US Hwy 27 (1) Same

CODE ENFORCEMENT: N/A ______________________________________________________________________ PUBLIC COMMENT SUMMARY: At the time of publication, staff had received no letters from the public. ______________________________________________________________________ RECOMMENDATION: Staff recommends denial of the request. ______________________________________________________________________ MOTION: To adopt a resolution to deny the request for a Type III B excavation.


Land Use Map


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STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: The future land use (FLU) designation of Agricultural Production (AP). CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a Class A conditional Use to allow a Type IIIB Excavation under the site's Agricultural Production (AP) Zoning District. Staff has found that while mining as a use is allowed for property with an AP FLU designation, there are additional criteria in the Comprehensive Plan that have to be met related to this type of use. Additionally, staff has since received a letter of clarification from the SFWMD stating that they require a more thorough geotechnical analysis in order to ensure that the request could meet it's goals and not cause harm. Based on the new information and Conservation Element's Goal 3, the applicant has not demonstrated that the use will not cause harm to the water quality or water resources for the area. Therefore, staff is recommending denial. The following policies from the Comprehensive Plan are relevant to the request. They outline the criteria by which the item has been reviewed and provide justification for the proposed conditions of approval. FLUE Policy 2.3-a:1. states. Palm Beach County shallensure that mining and excavation activitiesare conducted in an environmentally sound manor, such as, but not limited to, depth restrictions and impacts on littoral zones, ground water, distribution of dissolved chlorides or existing and future wellfields and private wells.” FLUE Policy 2.3-e.3 states, Mining and excavation activities, as applicable, shall be restricted as follows: “Within the Agricultural Production Future Land Use designation, mining may be permitted only to support public roadway projects or agricultural activities, or water management projects associated with ecosystem restoration, regional water supply or flood protection, on sites identified by the South Florida Water Management District (SFWMD) or the U. S. Army Corps of Engineers where such uses provide viable alternative technologies for water management.” The applicant has stipulated that, The excavation will produce limestone aggregate that will be marketed for road building and construction. The ultimate result of the Project will be the creation of a series of reservoirs that will generate significant environmental benefits, including the support of ongoing governmental and public efforts at regional watershed restoration, as well as an agricultural irrigation source.” CON Goal 3 states, It is the GOAL of Palm Beach County to protect surface water and groundwater quality and quantity by discouraging activities that would damage or degrade water resources. CON Policy 3.1-a: The County shall continue to coordinate with the South Florida Water Management District and/or an advisory committee created by the District to assist with implementation of the provisions of the regional water plan to evaluate long-term environmental needs and restrict activities that result in the degradation or over-utilization of potable water resources and assure adequate water supply for: 1) native ecosystems and other lands with significant native vegetation; 2) agriculture; and 3) domestic and industrial needs. CON Policy 3.1-p: The County shall coordinate with South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (US ACE) on the Comprehensive Everglades Restoration Plan (CERP). The Comprehensive Plan requires that requests for mining activities within the AP land use designation can only proceed under certain conditions and only if certain criteria have been met. The applicant has given statements they meet the criteria the Plan


outlines. In order to ensure that the request will meet those criteria throughout the mining process, staff has crafted conditions that require ongoing monitoring of archaeological resources, submission of an annual report that requires updates as it relates to uses, permitting and compliance and continued consistency with the Comprehensive Plan and the ULDC requirements. However, staff has since received additional information from the SFWMD that suggests the necessary geological surveys have to be submitted in order to ascertain the possibility of potential harm to the ground water or water quality. To date, the applicant has not submitted the necessary geotechnical data to make the determination of possible harm or benefit the request may pose. Therefore, staff is recommending denial until such a time as the applicant can demonstrate that the mined areas will be utilized within the parameters stated in Policies FLUE 2.3-a:1, FLUE 2.3-e.3, CON Goal 3, CON 3.1-a and CON 3.1-p and cause no harm. TIER: The subject property is in the southeast portion Everglades Agricultural Area (EAA) within the Glades Tier. FUTURE ANNEXATION AREAS The subject site is not in a future annexation area identified within an adopted Comprehensive Plan. INTERGOVERNMENTAL COORDINATION: The subject property is not located within one mile of any municipality. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: none. FINDINGS: While the request is consistent with the AP land use, the applicant has not submitted the appropriate data to determine consistency with several policies regarding water quality and water resource protection. The request has the possibility to provide a water storage option for future environmental restoration, water supply, and flood control in the surrounding area, however, submission of the necessary geotechnical data to the SFWMD may conclude that request can meet it's intended goals without harm or risk to the water resources of the area or it may demonstrate possible harm. Should the resulting analysis describe possible harm the request would be inconsistent with Policies FLUE 2.3-a:1, FLUE 2.3-e.3, CON Goal 3, CON 3.1-a and CON 3.1-p. ______________________________________________________________________ ENGINEERING COMMENTS: Total traffic expected from this project: - truck traffic from mined material - Employees - Deliveries is 524 trips/day. Required Permits 2) The property owner shall obtain a Turnout Permit from the Florida Department of Transportation for access onto US 27. TRAFFIC: US 27 SEGMENT: CR 827 A to Broward County Line PRESENT: - HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 498 trips per day TOTAL: - PRESENT CAPACITY AT LEVEL OF SERVICE “D”: 32,700 PRESENT LANEAGE: 4 lane


PALM BEACH COUNTY HEALTH DEPARTMENT: See Health Conditions 1. and 2. as contained in Exhibit C. _____________________________________________________________________ ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently in suger cane production. WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 93 3. Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No. 93 15. ENVIRONMENTAL IMPACTS: A waiver for depth from ERM must be received prior to the commencement of construction. ______________________________________________________________________ OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No educational impact created by this project. PARKS AND RECREATION: The Petitioner shall coordinate with the County Parks and Recreation Department in providing an end use plan that allows for public boating access to on site lakes and other public recreational uses within the projects boundaries. CONCURRENCY: Concurrency is approved for 3,773.67 gross area, and 3,013.95 acres lake area, for Type III B Excavation. WATER/SEWER PROVIDER: Well and septic. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). ______________________________________________________________________

EXHIBITS Exhibit A: Legal Description (NA - attached to resolution)

Exhibit B: Vicinity Sketch (NA - attached to resolution)

Exhibit C: Conditions of Approval

Exhibit D: Disclosure Form #8


EXHIBIT C

CONDITIONS OF APPROVALS ALL PETITIONS 1. Development of the site is limited to the uses approved by the Board of County

Commissioners. The approved site plan is dated June 25, 2007. All modifications must be approved by the Board of County Commissioners or Zoning Commission unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (DRO: ZONING - Zoning)

ACCESS 1. The site shall be limited to one vehicular access point on to US Hwy 27.

(ONGOING: CODE ENF - Zoning) ARCHITECTURAL REVIEW 1. At time of submittal for final approval of the site plan by the Development Review

Officer (DRO), the architectural elevations for all buildings shall be submitted simultaneously with the site plan for final architectural review and approval. The elevations and the site plan shall be designed to be consistent with Article 5.C. of the ULDC. Development shall be consistent with the approved architectural elevations and the approved DRO site plan. (DRO: ZONING Architecture Review)

ARCHAELOGY 1. Should any archaeological artifacts be uncovered during development or soil

disturbing activity, excavation shall halt, the County Archaeologist contacted and allowed to comment on the significance of the find as provided for in Article 9 of the ULDC. (ONGOING: PLANNING-Planning)

2. All potential areas containing Calcrete shall be identified, with the findings

provided to the County Archaeologist, prior to Final Site Plan approval. (DRO: PLANNING-Planning)

3. All areas with identified Calcrete shall adhere to the specific conditions outlined

within the Certificate To Dig issued by the County Archaeologist. (ONGOING: PLANNING-Planning)

4. The property owner shall obtain the services of a professional archaeologist to

monitor the mechanical removal of muck soils for any areas within phases identified in the approved Certificate to Dig. The County Archaeologist is to be notified in writing within two working days prior to removal of muck soils in those identified areas. (ONGOING: PLANNING-Planning)

BLASTING 1. The property owner shall abide by and implement the best management practice,

techniques and methods for blasting to reduce noise and vibration. In cases of conflict with the ULDC or conditions of approval, the more strict requirement shall apply. (ONGOING: CODE ENF - Zoning)


2. The property owner shall comply with the following blasting regulations: BLASTING REGULATIONS Method of Extraction METHOD IMPACT Processing of material At identified Rock Plant Sites pursuant

to DEP Lime Rock Processing Permit Storage of material On site pursuant to plans Hauling operation 24 Hours 7 Days a week by Rail only:

Max 10% by Truck pursuant to Traffic approvals and Haul Permit

Time of blast Between 10 am 5 pm daily, excluding

Saturday, Sunday and legal holidays Blasting schedule Subject to State Fire Marshall standards

and County Regulations Established noise and vibration Subject to State Fire Marshall Standards

and County Regulations Compatibility study by consultant N/A- Property surrounded by applicant-

owned property and sugar cane fields. All required setbacks and separation provided as required by ULDC. (ONGOING: CODE ENF - Zoning)

3. The property owner shall ensure that the seismograph instruments are

recalibrated in accordance with standard industry practices at least once per year. (ONGOING: CODE ENF- Zoning)

4. No blast shall be detonated within the required separation areas set forth in the

ULDC. (ONGOING: CODE ENF - Zoning) 5. The property owner must comply with all State Fire Marshall guidelines for

blasting. A violation of these guidelines shall be considered a violation of this conditional use. (ONGOING: Code Enforcement- Fire Rescue)

6. The petitioner shall maintain all blasting activity logs for a minimum of three (3)

years. The blasting log shall be made available to the public or any government official on request. (ONGOING: CODE ENF - Zoning)

DRI 1. No subphase shall exceed one-hundred (100) acres of land per year.

(ONGOING: CODE ENF- Zoning) ENGINEERING 1. The Property owner shall construct: A) left turn lane east approach on the

projects facility entrance at US 27 B) left turn lane north and a right turn lane south approach on US 27at the project entrance D) This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way. E) Permits required by Palm Beach County shall


be obtained prior to the issuance of the Building Permit (BLDG PERMIT: MONITORING-Eng) F) Construction shall be completed prior to the issuance of the first Certificate of Completion . (MONITORING-Eng)

2. SIGNALIZATION REQUIRMENTS 1) The Property Owner shall fund the cost of

signal installation if warranted as determined by the County Engineer at project entrance and US 27. Signalization shall be a mast arm structure installation. The cost of signalization shall also include all design costs and any required utility relocation. Funds in the form of a cash bond or escrow agreement shall be provided to the Traffic Division in an amount as determined by the Director of the Traffic Division prior to January 1, 2008. (BLDG PERMIT:MONITORING-Eng). 2) In order to request release of the surety for the traffic signal, the Property Owner shall provide written notice to the Traffic Division stating that the excavation has ceased and the property owner is requesting that a final signal warrant study be conducted. The Traffic Division shall have 24 months from receipt of this notice to either draw upon the monies to construct the traffic signal or release the monies. (ONGOING: ENGINEERING-Eng)

ENVIRONMENTAL 1. Prior to final approval by the Development Review Officer (DRO), the property

owner shall provide a Phase I or Phase II Audit, whichever is deemed appropriate by the Environmental Resources Management Department, for all portions of this subject property that may have, currently or in the past stored or utilized regulated substances. (DRO: ERM - ERM)

2. The property owner shall report to the Environmental Resources Management

on January 31, 2008, and on an annual basis verifying that there will be no off site discharge from the property either during or post construction into adjacent canal system. (DATE: ERM -ERM)

3. If the proposed excavation exceededs the depth standards of Article 4.D,the

property owner shall provide request for a waiver pursuant to the requirements of Article 4.D.9 of the Unified Land Development Code prior to final approval by the Development Review Officer. (DRO:ERM-ERM)

4. The property owner shall report to the Environmental Resources Management

prior to DRO site plan certification verifying the complete separation of the farmfield agricultural activities from the industrial mining/ excavation activities. (DRO:ERM-ERM)

5. Prior to final approval by the Development Review Officer (DRO), the property

owner shall obtain an Environmental Resource Permit from the Florida Department of Environmental Protection, which provides a monitoring program for chorides acceptable to the Department of Environmental Resources Management. (DRO:ERM-ERM)

6. A voluntary natural resource extraction fee is to be provided yearly for this mining

operation from the operators of this mine or its successors. The basis for the extraction fee is calculated at $.05 per ton of material produced and railed from the mine. The tonnage will be calculated at the end of each calendar year with the information provided to ERM by January 31 of the succeeding year with the payment of $.05 per ton provided by February 15. To receive these funds, ERM will set up a separate account for natural resource extraction fees. The funds will be used for environmental enhancement activities and include, but is not limited to: Purchase land; restore land to a more natural state; and, enhance the flora and fauna of already preserved natural areas. The Voluntary Natural Resources Extraction Fee shall escalate at the rate of three (3%) percent per year. In the event the legislature of the State of Florida or the County imposes, by legislation, ordinance, or other means, an extraction fee, tax, or charge, then this Voluntary


Natural Resources Extraction Fee shall be reduced by the same amount. (DATE: MONITORING-ERM)

HEALTH 1. Prior to the final site plan approval by the Development Review Officer, the

property owner shall apply and obtain a construction permit for an onsite sewage treatment and disposal system (OSTDS) in accordance with Chapter 64E-6, FAC, and Palm Beach County ECR-I (DRO: HEALTH-Health)

2. Prior to the issuance of the first building permit, the property owner shall submit

an application and engineering plans for approval of an onsite drinking water system by the Palm Beach County Health Department in accordance with Chapter 64E-8 and Palm Beach county ECR-II.( BLDG PERMIT: MONITORING -Health)

LANDSCAPE - STANDARD-LANDSCAPE STANDARD 1. Prior to the issuance of a building permit, the property owner shall submit a

Landscape Plan or an Alternative Landscape Plan to the Landscape Section for review and approval. The Plan shall be prepared in compliance with all landscape related conditions of approval as contained herein. (BLDG PERMIT: LANDSCAPE - Zoning)

LANDSCAPING- ANCILLARY USE PARCELS 2. Landscaping along the property lines for the west frontage parcel and the 64 acre

ancillary use parcel on the east (for portions not affected by the right of way landscape buffer conditions.)

Landscape buffer width along the above referenced parcels, except where other more restrictive conditions apply, shall be upgraded to include:

a. A minimum ten (10) foot wide compatibility landscape buffer strip. No width reduction or easement encroachment shall be permitted b. One (1) palm or pine for each for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. c. Perimeter landscaping shall be installed prior to the building permint approval

for the ancillary parcels. (BLDG PERMIT: LANDSCAPE - Zoning) LANDSCAPE - STANDARD-3. LANDSCAPING ALONG THE EAST PROPERTY LINE (FRONTAGE OF SR 827) 3. Landscaping along the south 7260 feet of the east property line(abutting L-15

Canal and SR 827 frontage), and shall be upgraded to include:

a. A minimum one hundred (100) foot wide landscape buffer strip. No width reduction or easement encroachment shall be permitted; b. A continuous minimum eight (8) feet high berm graded at a 3:1 slope and shall be subject to FP&L guidelines; c. The plateau of the berm shall include canopy trees planted fifteen (15) feet on center with fifty (50) percent of the trees a minimum fourteen (14) feet high; d. All berm slopes shall be planted with native grasses and ground cover; and e. The landscape buffer shall be installed within one year of commencement of excavation activity. (BLDG PERMIT: LANDSCAPE - Zoning)

LANDSCAPING ALONG THE WEST PROPERTY LINE (FRONTAGE OF US HWY 27) 4. Landscaping along the 400 feet of the west property line, (abutting US HWY 27

frontage), shall be upgraded to include:


a. A minimum thirty (30) foot wide landscape buffer strip. No width reduction or easement encroachment shall be permitted; b. A continuous minimum four (4) feet high berm graded at a 3:1 slope and shall be subject to FP&L guidelines; c. The plateau of the berm shall include a double row of canopy trees planted fifteen (15) feet on center with fifty (50) percent of the trees a minimum fourteen (14) feet high; d. All berm slopes shall be planted with native grasses and ground cover; and e. The landscape buffer shall be installed within one year of commencement of excavation activity. (BLDG PERMIT: LANDSCAPE - Zoning)

MONITORING 1. The Excavation Activity Monitoring Report required by Section 7.6.H.5.a. of the

ULDC shall be submitted to the Zoning Division and Environmental Resources Management Department on or before October 1 annually. This excavation activity report shall include certification and documentation that all seismograph instruments have been re-calibrated within the calendar year. (DATE: ZONING/ERM - Zoning)

2. Stock piles of rock or other material shall not exceed a maximum height of

hundred (100) feet from the undisturbed average finished grade. (ONGOING: CODE ENF - Zoning)

3. The Maintenance and Monitoring Report of Reclaimed Areas required by Article

4.D.8.E of the ULDC shall be submitted on or before October 1annually. (DATE: ZONING/ERM - Zoning)

4. In accordance with good record keeping practices, the property owner shall

maintain a daily blasting log with the following minimum information:

a. Name of operator or responsible person; b. Date and time of blast; c. Blast location (face and bench); d. Monitoring location; e. Distance to monitoring site; f. Distance to nearest residential structure; g. Lbs. of explosive, total; h. Lbs of explosive/millisecond delay; I. Peak ground vibrations for all 3 components of motion; j. Peak airblast and frequency roll-off of the airblast channel; k. Trigger settings for vibration and airblast; l. Frequencies of peak ground vibrations; and m. Other information required by the ULDC or as deemed necessary by the DRO. (ONGOING: DRO - Zoning)

5. The property owner shall keep time histories (wave traces) for all events, which

exceed 0.10 in/sec. The petitioner shall provide written notification, with the seismograph reading, to the Zoning Director within 24 hours of any blasting event, which exceed a ground vibration of 0.20 in/sec. (ONGOING: CODE ENF - Zoning)

6. The property owner shall submit a five (5) year monitoring report in a form

determined by the Zoning Director on October 1, 2012. The report shall record the last five (5) year site activities. The Zoning Director shall schedule an Administrative Inquiry to the Board of County Commissioners (BCC) to discuss ongoing status of the project to ensure consistency with the BCC's approval. (DATE: MONITORING - Zoning)


7. The Maintenance and Monitoring Report of Reclaimed Areas required by Article 4.D.8.E of the ULDC shall be submitted to the Environmental Resources Management Division starting on November 1, 2011 and submitted annually thereafter until completion of the excavation activity and reclamation of the site. The report shall include an “As built” survey for the lake being excavated at the same scale as the approved site plan, delineating the excavation boundaries of the excavaton for the current year and previous year activity to verify compliance with the DRI Thresholds and Mining Phasing Plan. (DATE: MONITORING - ERM/Zoning)

PLANNING/MONITORING 8. Prior to issuance of building permits or commencement of excavation activities,

the property owner shall provide a copy of the SFWMD, ACOE and DEP permits associated with the proposed mining activities. (BLDGPERMIT: PLANNING-Planning)

9. Starting the year excavation activities commence, within 30 days of December

31st of that year, the property owner shall submit an annual report to the Planning Director and Development Review Officer (DRO) that shall demonstrate compliance with the requirements of Future land Use Element (FLUE) Policy2.3-e.3 regarding permitted mining and excavation activities within the Agricultural Production (AP) Future land Use (FLU) designation. The document shall contain the following:

a) Status of each phase of the operation. b) Total tonnage removed from the site and associated tonnage fee paid to ERM. c) Documentation as to FDOT certification of quarry status and that the intended use of the material complies with the County requirements. d) Status of compliance with conditions contained within Resolution e) Status of compliance with SFWMD and DEP permits. Copies of all modifications to permits shall be submitted in their entirety to PBC Planning, Land Development and ERM. f) Status of eligibility for the mined areas to be utilized for Water Management or ecosystem restoration purposes with a letter from each corresponding agency discussing eligibility or any executed binding agreements pertaining to the reclaimed mined areas future proposed uses. (ONGOING: PLANNING-Planning)

10. Upon completion of each phase submit the following documents where

applicable:

a) Should the reclaimed mined area be used for agricultural activities associated with flood control or irrigation submit an executed binding agreement, or other such documentation as approved by the County Attorney's office, between the property owner and the lessee describing how the use of the area will be for agricultural purposes and submit a copy of the modified SFWMD Water Resource Permit demonstrating the use of the area as for agricultural activities associated with flood control and or irrigation.

b) Should the mined reclamation area be used, with consent of the property owner, for water management projects associated with ecosystem restoration, regional water supply, flood protection or other such projects in direct association with the SFWMD, ACOE, DEP or other applicable governmental agency, submit either a copy of an executed binding agreement with the subsequent agency illustrating the use of the reclaimed areas within the proposed project or a copy of the deed transferring the reclaimed area to the subsequent agency. (ONGOING: MONITORING-Planning)

11. All mining and operations, except reclamation, associated with Control No. 2006-

554 shall be valid until 2025, the end of the current Comprehensive Plan's Planning Horizon, unless extended by the BCC for good cause. At which time


the Development Order shall be brought to the BCC for further evaluation and approval or the applicant agrees to undergo a Development of Regional Impact (DRI) review. (DATE: PLANNING-Planning)

12. No final site plan approval shall be issued from the Development Review Officer,

until the applicant submits a determination letter from the SFWMD. The determination shall ascertain if the proposed mine operations and subsequent reclamation efforts will support the request as submitted to the Palm Beach County Board of County Commissioners and cause no harm to the water resources of that area. Should the determination describe potential harm, the Development Order shall be remanded back to the BCC for further consideration of revocation and no mining shall occur on any lands associated with the request. (DRO: PLANNING-Planning)

PHASING 1. A maximum of one phase shall be in active excavation at any time.

(ONGOING: CODE ENF - Zoning) SIGNS 1. Freestanding point of purchase signs fronting on US Hwy 27 shall be limited as

follows:

a. Maximum sign height, measured from finished grade to highest point - ten (10) feet; b. Maximum sign face area per side - 100 square feet; c. Maximum number of signs - one (1); and d. Style - monument style only. (CO: BLDG - Zoning)

USE LIMITATIONS 1. All uses shall not exceed 50 dBA as measured in the Performance standards of

Article 5.E.3. of the ULDC. Noise shall be measured from the residential property line closest to the area under excavation. (ONGOING: CODE ENF - Zoning)

2. The west 2.75 acre frontage parcel adjacent to US HWY 27 shall be limited to

parking and offices uses. No aggregate storage or excavation shall be permitted on this location. (ONGOING: CODE ENF - Zoning)

3. Mined aggregates shall be used only for public road building. Use for any other

construction activity is a violation of the Comprehensive Plan and the ULDC. (ONGOING:CODE ENF-Planning/Zoning)

COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the

oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning)

2. Failure to comply with any of the conditions of approval for the subject property at

any time may result in:

a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy; the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of


any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or a. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or b. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or c. Referral to code enforcement; and/or d. Imposition of entitlement density or intensity.

Staff may be directed by the Executive Director of PZ&B or a Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Article 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval.

Departmental administrative actions made pursuant to this condition may be appealed as provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of a Conditional Use, Type II Variance, Development Order Amendment or other actions based on a Zoning Commission decision shall be by petition for writ of certiorari to the Circuit Court, Appellate Division, 15th Judicial Circuit of Florida. (ONGOING: MONITORING - Zoning) This resolution is effective when filed with the Clerk of the Board of County Commissioners.


Disclosure


PALM BEACH COUNTY - ZONING DIVISION FORM#~

DISCLOSURE OF OWNERSHIP INTERESTS· APPLICANT

TO: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE

DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE

STATE OF FLORIDA

COUNTY OF PALM BEACH

BEFORE ME, the undersigned authority, this day personally appeared

_Paul A. J. Brittain_, hereinafter referred to as "Affiant," who being by me first duly

sworn, under oath, deposes and states as follows:

1. Affiant is the [ 1 individual or [Xl Vice President_of Rinker

Materials of Florida, Inc. (hereinafter, "Applicant"). Applicant seeks Comprehensive

Plan amendment or Development Order approval for real property legally described

on the attached Exhibit "A" (the "Property").

2. Affiant's address is: 1501 Belvedere

Palm Beach, FL 33406 ______ _

3. Attached hereto as Exhibit "8" is a complete listing of the names and

addresses of every person or entity having a five percent or greater interest in the

Applicant. Disclosure does not apply to an individual's or entity's interest in any entity

registered with the Federal Securities Exchange Commission or registered pursuant to

Chapter 517, Florida Statutes, whose interest is for sale to the general public.

4. Affiant acknowledges that this Affidavit is given to comply with Palm

Beach County policy, and will be relied upon by Palm Beach County in its review of

Applicant's application for Comprehensive Plan amendment or Development Order

approval. Affiant further acknowledges that he or she is authorized to execute this

Disclosure of Ownership Interests on behalf of the Applicant.

5. Affiant further acknowledges that he or she shall by affidavit amend this

disclosure to reflect any changes to ownership interests in the Applicant that may occur

before the date of final public hearing on the application for Comprehensive Plan

amendment or Development Order approval.

Disclosure of Beneficial Interest -Applicant form Created 01/30/2007


PALM BEACH COUNTY - ZONING DIVISION FORM • ...QL

6. Affianl further states Ihal Affiant is familiar with the nature of an oath and

wilh the penalties provided by the laws of the State of Florida for falsely swearing to

statements under oath.

7. Under penalty of perjury, Affiant declares that Affiant has examined this

Affidavit and 10 the best of Affiant's knowledge and belief it is true, correct, and

complete.

FURTHER AFFIANT SAYETH NAUGHT.

_Pau A. J. Brittain _____ , Affiant

(Print Affiant Name)

The foregoing instrument was ackn~ledg~ before me this ~~ay of &.bC44"f 20aL,by ~( A.iL irctta.rt , 1.1who ispe"on'l~ known 10 me or I J who has produced _____________ _

as idenlificalion and who did lake an oath.

Oisclosure of Beneficialtnleresl-Applicanl form

Notary Public

.s~r~{ 11:Tc1 ( ot\. rint olary Name) ...

NOTARY PUBLIC

Siale of Florida al Large

My Commission Expires: ¥ '1 . dOO 1 )

Created 01/3012007



EXHIBIT "A"

PROPERTY




EXHIBIT"B"

DISCLOSURE OF OWNERSHIP INTERESTS IN APPLICANT

Affiant must identify all entities and individuals owning five percent or more ownership interest in Applicant's corporation, partnership or other principal, if any. Affiant must identify individual owners. For example, if Affiant is the officer of a corporation or partnership that is wholly or partially owned by another entity, such as a corporation, Affiant must identify the other entity, its address, and the individual owners of the other entity. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public.

Name Address

Rinker Materials Corporation 1501 Belvedere Road, West Palm Beach, FL 33406

Rinker Materials of Florida, Inc. is wholly owned by Rinker Materials Corporation,

which is in turn wholly owned by Rinker Group Limited, an SEC registrant.


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