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Agenda 09/23/2008 Item #17BItem # 17B September 23, 2008 Page 1 of 42 EXECUTIVE SUMMARY CUR - 2008 -AR- 13539, Mining Venture, LLC, represented by R Bruce Anderson of Roetzel & Andress, requesting a Conditional Use Re- review (CUR) of the property commonly referred to as Jones Mine. The Conditional Use (CU- 2004 -AR -6904) was approved on September 25, 2007 and in accordance with condition No. 3 of Resolution Number 07 -274, as amended, the Conditional Use approval shall be reviewed by staff and brought back to the BZA on the first anniversary of approval. The subject property, consisting of 2,576 acres, is located at 16000 Immokalee Road (CR -846), approximately 2 miles north of Oil Well Road (CR -858) in Sections 35 & 36, Township 47 South, Range 27 East; and all of Sections 1 & 2, Township 48 South, Range 27 East, Less Road Right -of- Way for County Road 846, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) review an existing Conditional Use for the excavation of fill material and blasting of material approved by Res. No. 07 -274, to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. CONSIDERATIONS: On May 13, 2008, the BZA held a public hearing and reviewed the Conditional Use Re- review of CU- 2004 -AR -6904 (Res. No. 07 -274) for an earth mining activity fit the Rural Agriculture with a Mobile Home Overlay (A -MHO) Zoning District. The BZA directed staff to review the Conditional Use after six months from the date of approval, and on the first anniversary of the approval, and every two years subsequent. This Conditional Use Re- review is the first anniversary approval. During the six month Re- review, the BZA approved a Resolution (Res. No 08 -128) that amended two Conditions of Approval in Resolution No. 07 -274). Condition No. 12 was amended to limit the blasting activities to eight days per month, and Condition No. 23 which amended blasting activities shall not exceed eight days per month with a three second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. (See Exhibit 2) FISCAL IMPACT: Not Applicable. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Not Applicable. Page I of Item # 17B September 23, 2008 Page 2 of 42 LEGAL CONSIDERATIONS: Upon a review of the attached report provided by the applicant, the BZA should determine if additional stipulations are necessary and if so set a public hearing to add any such stipulations to the existing Resolution. If no new stipulations are needed the Resolution remains in effect and no further BZA action is necessary. Reports on this item will periodically be brought to the BZA pursuant to the conditions contained in the Resolution. The item has been reviewed for legal sufficiency and is legally sufficient for BZA action. (MMSS) RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) approve Petition CUR- 2008 -AR- 13539, Mining Venture, LLC (commonly referred to as Jones Mine) to allow the continued use. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review Page 2 of 2 Item # 17B September 23, 2008 Page 3 of 42 Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel & Andress, requesting a Conditional Use Re- review (CUR) of the property commonly referred to as Jones Mine. The Conditional Use (CU- 2004 -AR -6904) was approved on September 25, 2007 and in accordance with condition No. 3, the Conditional Use approval shall be reviewed by staff and brought back to the BZA on the first anniversary of approval. The subject property, consisting of 2,576 acres, is located at 16000 Immokalee Road (CR -846), approximately 2 miles north of Oil Well Road (CR -858) in Sections 35 & 36, Township 47 South, Range 27 East; and all of Sections 1 & 2, Township 48 South, Range 27 East, Less Road Right -of -Way for County Road 846, Collier County, Florida. Prepared By: Department Date Zoning and Land Development Review 9/5/2008 4:59:26 PM Approved By: Department Approval Date Transportation Approved 9/16/2008 8:46 AM Planning Approved By: Department Approval Date Transportation Approved 9/16/2008 9:32 AM Approved By: Department Approval Date CDES Approved 9/16/2008 10:18 AM Approved By: Department Approval County Attorney Approved Approved By: Department Approval Office of Approved Management Date 9/16/2008 1:42 PM Date 9/16/2008 3:32 PM and Budget Approved By: Department Approval County Approved Manager's Office ATTACHMENTS: Name: Description: D EXECUTIVE SUMMARY 9- 11- 08.doc Executive Summary 0 location map pdf Location Map D Resolution 2008 -128 pdf Resolution 2008 -128 0 response to conditions of Applicant's response to conditions of approval approval pdf D Neighborhood engineering committee -1 pdf Neighborhood Engineering Selection Committee Item # 17B September 23, 2008 Page 4 of 42 Date 9/16/2008 3:50 PM Type: Executive Summary Location Map Backup Material Backup Material Backup Material / 7 c 6Z 'H $ 6 2 a w o ¢U a 0 OQ� � b O I �O Do O t96 'H s d Yob —� ws Z Z 0 LCL C z O I— J Es• Ei Ei �Ot•O i� 4 o� �� -� �e•a�� �es�es �e �e� �� ootE,� v o� OEEli �o mss• aoe� wee• noE yes m� ram �� owrE,� x101 :mEiEa��ES".cnsEE�poiEsPL I�� camEi�� "�C.nea4 �av; �a �'Q s�� v �� �e��sl —GIs oeoge ,� ,, __ eee ■ ■eees MW= eee�meeee = = ■— ■.= ■r■ -■■ eee.eeoe 1 1� - — -- eeee ■eves ■m � - -■■ eeeeeee eee■ ■eses - - - ---© �� ■ ■�� ■■ eeeoeoe 1 - -eeee 1Fi 1 -- MMUm- 1 PiF �i— ■iimE ■- eee --�- ®,eeee i— �� ' ��� = = = =■ eee��� eeee "�' '© eee■ ■eeee oee�eeeo ::C �4�eQeeaAeee I- !"MW�m O iEE see deeeeeee IiE.1rrE■'l.�E�9E IiCi! ��i �iR!.fiE �Ei�,iE�E i:11:aWr77 cOE —E / 7 c 6Z 'H $ 6 2 a w o ¢U a 0 OQ� � b O I �O Do O t96 'H s d Yob —� ws Z Z 0 LCL C z O I— J RESOLUTION NO. 08-128 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NUMBER 07 -274 WHICH ESTABLISHED THE JONES EARTHMINING OPERATION CONDITIONAL USE TO AMEND EXHIBIT D, CONDITIONS, BY REVISING THE NUMBER OF MONTHLY BLASTING ACTIVITIES. WHEREAS, on September 25, 2007, the Board of Zoning Appeals (BZA) approved a conditional use for an expanded earthmming operation (Petition Number CU- 04- AR -67W V17B Resolution Number 07 -274, a copy of which is attached hereto as Exhibit l; and September 23, 2008 Page 6 of 42 WHEREAS, said conditional use approval was made subject to several conditions attached and made a part of Resolution Number 07 -274 as Exhibit D thereof; and WHEREAS, Paragraph 3 of said Exhibit D required that this earthmining conditional use operation be evaluated by staff and be brought back to the BZA for further review; and WHEREAS, on April 22, 2008, staff did bring back the earthmining conditional use for BZA review and the BZA did review it; and WHEREAS, the BZA as a result of its review and hearing on the matter determined that certain changes to said Exhibit D conditions where necessary; and WHEREAS, this Resolution amends Resolution Number 07 -274 attached hereto as Exhibit 1 with a revised Exhibit D attached hereto as Exhibit 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Exhibit D of Resolution Number 07 -274 is amended to read as set forth on the revised Exhibit D attached hereto as Exhibit 2 and incorporated by reference herein. :r. . BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super- majority vote, this ,L�L day of 2008. ATTEST: Dwight E: 4ro¢1q.Perk By:' q jjftttiy Clerk Appro s tofuq �y and legal sbffiCt6ncy: i f ! 4.tyin.t.�. 3YI Marjorie)M. Student - Stirling U Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, ORIDA . By: TOM HENNING, CHAIRMA MMSS — amending Reso. No. 07 -274 1 Words swaek thfaegh are deleted; words underlined are added. Item # 17B September 23, 2008 Page 7 of 42 Collier County Conditions of Approval CU -04 -AR -6904 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found not to be in the public interest or are detrimental to the public health, safety, or general welfare. 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will investigate blasting complaints. The firm and/or candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. 3. The conditional use approval .shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this conditional use approval, and every two years subsequent to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the foregoing standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. 4. This Conditional Use for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued. 5. Jones Mine shall set -up a bi -annual $40,000 fund that shall be designated for neighborhood improvements. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 7. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 8. The local damage contact will be Mr. Damon Jones at 239 -304 -1506 or www.jonesmining.com. 9. To reducc the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Exhibit D of Resolution 07 -274 — revised 5 -1 -08 MMSS Exhibit 2 Words staek4hFoug# are deleted; words underlined are added. Item # 17B September 23, 2008 Page 8 of 42 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. 13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi- annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has terminated. 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. 15. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 16. The storm water run off quality should not be affected with the proposed excavation area expansion. 17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. IS. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 19. Blasting is allowed only within the 'Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase I and II. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 21. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04 -55, as amended. 22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. Exhibit D of Resolution 07 -274 — revised 5 -1 -08 MMSS Exhibit 2 Words streek threegh are deleted; words underlined are added. Item # 17B September 23, 2008 Page 9 of 42 to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. 23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days oer month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right -of -way shall be the applicant's responsibility. 27. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 28. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between 16'h Street N.E. and 20'h Street N.E.; at the eastern property border between 52nd Avenue N.E. and 58`h Avenue N.E. 30. A pre - blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with future structures that meet the pre- blasting inspection criteria of Ordinance 04 -55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 31. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre - construction meeting or prior to excavation permit approval. 32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, Exhibit D of Resolution 07 -274 — revised 5-1 -08 MMSS Exhibit 2 Words sttuek th eugh are deleted; words underlined are added. Item # 17B September 23, 2008 Page 10 of 42 woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 33. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. 37. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. 38. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. 40. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 41. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. 42. Blasting shall be limited to the blast zone depicted on the attached map. Exhibit D of Resolution 07 -274 — revised 5 -1 -08 MMSS Exhibit 2 Words ugh are deleted; words underlined are added. Item # 17B September 23, 2008 Page 11 of 42 RESOLUTION 07- X74 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR A CONDMONAL USE WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION OF FILL MATERIAL TO A MAXIMUN DEPTH OF 45 FEET, OR TO THE CONFINING LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN A RURAL AGRICULTURAL - MOBILE HOME OVERLAY (A -MHO). IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCE AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND FOR PROCESSING OF MATERIAL FOR PROPERTY LOCATED EAST OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35 & 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTION 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT -OF -WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 99 -420 AND 06 -157. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246. Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, by Resolution 99 -420, a copy of which is attached as Exhibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining with respect to the same property which is the subject of this conditional use petition, which property is described in Exhibit B; and WHEREAS, on June 20, 2006, by Resolution 06 -157, a copy of which is attached as Exhibit F, the Board of Zoning Appeals of Collier County approved a second Conditional Use concerning earth mining and blasting of material with respect to the same property which is the subject of this conditional use petition; and WHEREAS, the owner of the subject property, Mining Venture, LLC, has filed Petition No. CU- 2004 -AR -6904, seeking to extend the boundaries of the excavation; and WHEREAS, the parties wish that this Resolution supersede and replace Resolutions No. 99-420 and 06 -157, so that this Resolution sets forth all conditions for the granting of the Conditional Use for the subject property; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of allowing this requested expansion of the existing Conditional Use; and Exhibit 1 Page 1 of 2 (17 pages) WHEREAS, the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code: and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, HE IT RESOLVED BY The Board Of Zoning Appeals Of Collier County, Florida, that: (1) The petition filed by R. Bruce Anderson, Eaq, of Roetzel & Andress, representing the owner of the property hereinafter described in Exhibit "B" attached hereto and incorporated by reference herein, be and the sume is hereby approved, to the extent that the Board hereby grants a new Conditional Use for Rural Agricultural - Mobile Home Overlay (A -MHO) district for earth mining: excavation of fill material to a maximum depth of 45 feet, or to the confining soil layer, whichever is less, and blasting of material in compliance with all blasting requirements of Section 10.02.03 Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit "C') and subject to the conditions set forth in Exhibit "D' which is attached hereto and incorporated by reference herein. (2) That this Resolution hereby supersedes and replaces Resolutions No. 99.420 and 06-157, which are hereby repealed and rescinded in their entirety and are accordingly no longer of any legal force or effect. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super- majority vote, this %.S�day of 12007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLL:A;W By: By: Attest as tE plt)$Clerk AWS COLEITA. Chairman � HgMtM'! M County Attorney Page 2of2 Item # 17B September 23, 2008 Page 12 of 42 Item # 17B September 23, 2008 Page 13 of 42 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes i/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Cr�'C f Affect cannot be miti gated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 0 No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. � 1 1 if DATE: c }; 7 CHAIRMAN: I I '�"+—� EKNIBIT A Item # 17B September 23, 2008 Page 14 of 42 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: i,-�No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V/-No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: aIz 0 MEMBER:_ Item # 17B September 23, 2008 Page 15 of 42 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land DDeevelopment Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ✓ / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: INo affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within dist Yes _ No _ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. i f 1 DATE: O I Item # 17B September 23, 2008 Page 16 of 42 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the some district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes �� No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or i/ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes " No Based on the above findings, this conditional use shoul�with stipulations, (copy attached) (should not) be recommended for approval. r7 ii DATE: MEMBER: V. Item # 17B September 23, 2008 Page 17 of 42 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Zo opment Code and Growth Management Plan: Yes _ _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egreXNo Yes C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ZNo affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes zso Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: °� _ G % MEMBER: Item # 17B September 23, 2008 Page 18 of 42 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMI' FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine fhe following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes _x No _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / _ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or 4— Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No _ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recornmended for approval. DATE: & - k 0 7 MEMB �� Item # 17B September 23, 2008 Page 19 of 42 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMI'. FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land D7e went Code and Growth Management Plan: Yes - No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress / Yes r/ No C. Affects neighboring properties in to noise, glare, economic or odor effects: No affect or "Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district j Yes ✓/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. MEMBER: ✓ . DATE: _ Item # 17B September 23, 2008 Page 20 of 42 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMIt FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ', ' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or t` Affect mitigated by % Lvi 7W .; RPU i fl jld Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No XY o0l 1- 14 Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE:' ? MEMBER:! itn,tr.. fte., %(i L[ /,art._; Item # 17B September 23, 2008 Page 21 of 42 LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT -OF -WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT °B" y v_ 1, IF` I. r � Y d'ti W � IF` I. r � Y d'ti Item # 17B September 23, 2008 Page 23 of 42 Collier County Conditions of Aooroval CU -04 -AR -6904 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. I. The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found not to be in the public interest or are detrimental to the public health, safety, or general welfare. 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will investigate blasting complaints. The firm and/or candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. 3. The conditional use approval shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this conditional use approval, and every two years subsequent to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the foregoing standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. 4. This Conditional Use for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued. 5. Jones Mine shall set -up a bi- annual $40,000 fund that shall be designated for neighborhood improvements. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 7. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 8. The local damage contact will be Mr. Damon Jones at 239- 304 -1506 or wuw,j o n e s m i n i ng. c o m. 9. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Exhibit D Item # 17B September 23, 2008 Page 24 of 42 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum of eighteen (18) blasts per month and the maximum number of holes per month shall not exceed 1,680. 13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi- annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has terminated. 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. 15. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 16. The storm water run off quality should not be affected with the proposed excavation area expansion. 17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 18. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. if attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase I and II. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 21. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04 -55, as amended 22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. if the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. Exhibit D Item # 17B September 23, 2008 Page 25 of 42 23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eighteen (18) times a month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right -of -way shall be the applicant's responsibility. 27. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 28. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closes residential structure; at the southern property border adjacent to the closes residential structure between 16d' Street N.E. and 20d' Street N.E.; at the eastern property border between 52 "d Avenue N.E. and 58th Avenue N.E. 30. A pre - blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with future structures that meet the pre - blasting inspection criteria of Ordinance 04 -55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 31. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre- construction meeting or prior to excavation permit approval. 32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 33. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by Exhibit D Item # 17B September 23, 2008 Page 26 of 42 FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. 37. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. 38. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. 40. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 41. Blasting shall he terminated five (5) years after the expanded excavation permit has been issued. 42. Blasting shall be limited to the blast zone depicted on the attached map. Exhibit D Item # 17B RS ember 23 22_008 F�age 27 0f 42 I Sept. 2008 Conditional Use Re- Review - Response to Conditions of Approval CU- 2004 -AR -6904 Mining Ventures, LLC Item # 17B Sepmber 23, CUR - 2008 -AR -13539 RE'Page 28 of 42 2008 SR -846 LAND TRUST EARTH MINE Project: 2004120008 Date: 721/08 DUE: 8/4/08 Response to the Conditions of Approval for September 9, 2008 Review Mining Ventures, LLC CU- 2004 -AR -6904 Following is the response to the Conditions of Approval that were part of the Conditional Use approval issued for the SR 846 Land Trust parcel on September 25, 2007. The responses are in bold and have been prepared by members of Jones Mining (the operators of the mine) and Mining Ventures, LLC's consultant team consisting of: WilsonMiiler (planning and civil engineering), GeoSonics (seismology); Roetzei & Andress, LPA (land use attorney); Passarella & Associates (ecology), and Missimer Groundwater Science (groundwater hydrology). Collier County Conditions of Approval CU -04 -AR -6904 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found no to be in the public interest or are detrimental to the public health, safety, or general welfare. All conditions continue to be complied with and monitored, and are addressed in this response. 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will investigate blasting complaints. The firm and /or candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. The neighborhood engineering committee has been formed and proposals from several engineering firms were received and evaluated. Minutes from the engineering selection committee from May 27, 2008 and June 30, 2008 have been Included as Attachments 1.a and 1.15 of this response. Members present at the last meeting voted for two engineering firms (Forge Engineering, Inc. and Bob Rude Structures, Inc.) to Investigate blasting complaints if the complaints cannot be resolved by Jones Mining. The contact information for both firms is also included in Attachment 1.c. Absent members of the committee have been given until July 21, 2008 to cast their votes. If the selected engineers change as a result of absentee votes an update will be provided to the County. 3. The conditional use approval shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this conditional use approval, and every two years subsequent to determine whether additional 7117W08 -3 M- Vc1- BOAa81aL O120S�5-04.FW -31898 Sept. 2008 Conditional Use Re- Review Response to Conditions of Approval CU- 2004 -AR -6904 Mining Ventures, LLC Item # 17B September 23, 2008 Page 29 of 42 stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the foregoing standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. The applicant has initiated an application for Conditional Use Re- Review and attended a pre-application conference on Monday, July 14 for said application. The applicant will be available for the September 9, 2008 BZA meeting. 4. This Conditional Use for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued. Acknowledged. The excavation permit has not been issued as of July 18, 2008. 5. Jones Mine shall set -up a bi- annual $40,000 fund that shall be designated for neighborhood improvements. The fund has been established by placing $20,000 for the first six months in an escrow account at the offices of Roetzel & Andress, PA in Naples. An additional $20,000 will be deposited into the escrow account prior to August 1, 2008. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. County engineering personnel have been present for each blast. The inspectors share information with the operation's technical recording team to review and compare the statistical data from each blast event. A $200 fee is paid to the County for each blast that covers the inspector's costs. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. Applicant has a $500,000 Performance Bond to assure compliance with LDC requirements. Bonding companies contacted by Applicant stated they could not provide a separate bond solely for blasting because that is a matter for coverage by liability insurance. Applicant provided copies of liability insurance certificates of coverage through its subcontractors in the aggregate amount of $2 million, as part of the April 2008 CUR application. 8. The local damage contact will be Mr. Damon Jones at 239- 304 -1506 or www.jonesmining.com. Damon Jones remains the local damage contact, and his telephone number remains the same. The Jones Mine website is updated periodically with new information about the various mining activities. 7(17a 9 mazaz. Vw: i OGa MEL NG 005 W'0 PW -3,996 Sept. 2008 Conditional Use Re- Review Response to Conditions of Approval CU- 2004 -AR -6904 Mining Ventures, LLC Item # 17B September 23, 2008 Page 30 of 42 9. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. Three blasts have occurred between the April 22, 2008 CUR hearing and the preparation of this response (July 18, 2008). Engineering Services Department Staff has monitored every blast and the applicant has not exceeded the maximum limit of 120 dbl. A log of blasting events since the April, 2008 Conditional Use Re- Review are included as Attachment 2. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Three blasts have occurred between the April 22, 2008 CUR hearing and the preparation of this response (July 18, 2008). Engineering Services Department Staff has monitored every blast and the applicant has not exceeded 0.20 inch per second ground vibration. A log of blasting events since April 22, 2008 is included as Attachment 2. 11. The maximum load per hold shall be limited to less than 100 pounds of explosives per blast. Three blasts have occurred between the April 22, 2008 CUR hearing and the preparation of this response (July 18, 2008). Engineering Services Department Staff has monitored every blast and the applicant has not exceeded the maximum limit of 100 pounds of explosives per blast. A log of blasting events since April 22, 2008 Is included as Attachment 2. 12. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. Three blasts have occurred between the April 22, 2008 CUR hearing and the preparation of this response (July 18, 2008). Engineering Services Department Staff has monitored every blast and the applicant has not exceeded the maximum limit of 8 days per month of blasting activities. A log of blasting events since April 22, 2008 is included as Attachment 2. 13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi - annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has been terminated. A one dollar ($1.00) fee per loaded truck has been collected and paid to the County. The fees for the second quarter of 2008 will be paid shortly, and documentation will be forwarded to the County. 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. 7/17nWO -2 V2- VmI- BGABML MN 05A - PtV61C -Mm Sept. 2008 Conditional Use Re- Review Response to Conditions of Approval CU- 2004 -AR -6904 Mining Ventures, LLC Item # 17B September 23, 2008 Page 31 of 42 A proposal has been received from Dr. Robert Carr, the archaeologist who performed the Initial study of the property. He will meet with employees once the Excavation Permit for the expansion area is issued and inform the employees of what to expect and the procedures to be followed should any historical or archaeological artifact be uncovered as the result of mining operations. 15. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. Each quarter, the applicant provides the Transportation Services Division with a traffic count report. The second quarter traffic report is included as Attachment 3. The report for the third quarter is currently being prepared and will be forwarded to the Transportation Services Division upon completion. 16. The storm water run off quality should not be affected with the proposed excavation area expansion. The storm water run off quality has not been affected by the existing mining operations and will not be affected by any expansion that occurs In the future. 17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to the residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. A Site Improvement Plan (SIP) was issued by the County in September 2006 for the Type B buffer. The buffer has been constructed and maintenance performed as necessary. 18. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. if attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. Only portable rock crushing equipment is being used. Surrounding each power - generating unit attached to the equipment is a noise suppression device. Pumps used in the dewatering process either have rock stacked adjacent to them or have sound deflectors next to their motors to deflect the noise away from the adjoining properties. 19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan — Phase I and 11. 7/178 8.30414:. Vv I .8G" U 01108 - 0 0 8 4 01 -PWRK 118% Sept. 2008 Conditional Use Re- Review Response to Conditions of Approval CU- 2004 -AR -6904 Mining Ventures, LLC Item # 17B September 23, 2008 Page 32 of 42 Blasting has only occurred within the permitted area shown on the Conditional Use Master Plan — Phase I. Blasting will not occur in the Phase II area until an Excavation Permit for Phase II has been issued. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. Existing utility, access roads, and drainage are functioning and are being maintained. 21. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-55, as amended. Blasting operations have been conducted at the Jones Mining site in specific compliance of the Collier County LDC, these Conditions of Approval, and State of Florida Regulations. 22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. The hours of pit operation have been from 7:00 A.M. to 6:00 P.M. Monday through Saturday. 23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and Vibration. All blasting has occurred between 9:00 AM and 4:00 PM, Monday through Friday. Engineering Services Department Staff has monitored every blast and the applicant has not exceeded the maximum limit of 8 days per month of blasting activities. A log of blasting events since the public hearing on April 22, 2008 is Included as Attachment 2. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. The depth of the blasting and excavation has not exceeded the maximum allowable depth of 45 feet. A confining layer has not been encountered in the excavation operations to -date and therefore, excavations are reaching the 45' maximum depth. 7 117 /2W8 - 204242 - V¢ 1 . BOABR 0 WS0 5 -004 - P - 31999 5 Sept. 2008 Conditional Use Re- Review Response to Conditions of Approval CU- 2004 -AR -6904 Mining Ventures, LLC Item # 17B September 23, 2008 Page 33 of 42 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. Excavation is proceeding from the eastern edge of the excavation and working toward the western edge of the excavation area. 26. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right -of -way shall be the applicant's responsibility. The southbound truck acceleration lane has been designed and informal discussions have occurred with Collier County. 27. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. The maximum limit of 800 loaded trips per day has not been exceeded. 28. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. These procedures will be followed at the end of mining activities. 29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between 16"' Street N.E. and 20"' Street N.E.; at the eastern property border between 52nd Avenue N,E. and 5e Avenue N.E. Seismographs were Installed at the site per the above condition. The instruments were installed permanently on September 4-5, 2006. Each instrument meets the criteria of the State of Florida and is operated by GeoSonics, Inc. a qualified and independent vibration consultant. The instruments operate from 6:00 a.m. through 8:00 p.m. daily to cover all blasting and operational hours. Following each blast, all results are downloaded from the seismographs. The records are printed and the results provided to Jones Mining Company, LLC, Collier County CDES, and Florida Drilling & Blasting (a licensed blasting contractor conducting the blasting at the mine site). t /178008. 200242 - Vm: I . BGABB 6 00208-005004 - FW - 31898 Sept. 2008 Conditional Use Re- Review Response to Conditions of Approval CU- 2004 -AR -6904 Mining Ventures, LLC Item # 17B September 23, 2008 Page 34 of 42 30. A pre - blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with the future structures that meet the pre - blasting inspection criteria of Ordinance 04 -55. One copy of the pre - existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. Engineering Services Department has the records of the pre - blasting survey, and the inspection reports are kept on file with the County. 31. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre - construction meeting or prior to excavation permit approval. The indigo snake plan and name of the monitoring biologist have been provided to CDES as part of the Excavation Permit application. The eastern Indigo snake plan follows the guidelines established by the U.S. Fish and Wildlife Service. 32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. The applicant shall comply with all protocols and procedures for listed species as required by federal and state law. An application to FWS has been made and the County was notified by FWS of the application. 33. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. This initial survey was provided in the Environmental impact Statement (EIS) for the Phase I excavation permit. Follow -up surveys will be conducted as required by FWC Technical Assistance and submitted to Environmental Services Department staff. 34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. Vegetated buffers exist between wetlands and the mining operation. WIMMS- maul -v.r: i -80n Wei Oa]A &005001. PW -3106 7 Sept. 2008 Conditional Use Re- Review Response to Conditions of Approval CU- 2004 -AR -6904 Mining Ventures, LLC Item # 17B September 23, 2008 Page 35 of 42 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. The applicable permits and other information will be provided by the Applicant prior to excavation permit approval. 36. Provide a 5.3 acre littorai area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. The location of the 5.3 acre littoral area is shown on the Excavation Permit application drawings for Phase II. The conceptual plans for the littoral area have been provided to the Environmental Services Department. Construction will commence no later than September 25, 2009. 37. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. The applicant has complied with all applicable conditions of the original Conditional Use. 38. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. The mining operators have monitored, recorded and reported the water table in the adjacent on -site wetlands as required. The most recent data collected is Included as Attachment 4, and a full report, which will be forwarded to the EAC, will be provided by September 25, 2008. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. The FWC previously commented on the impacts of blasting and concurred with the USFWS that no additional coordination would be necessary for blasting in the project area. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. No information regarding the burrowing owl embryo has been forwarded to the applicant from the County. 40. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. ]11]2008 - 204242 - Vo. I - BGAB8IHL 04208405 -004 -PN -81 on Sept. 2008 Conditional Use Re- Review Response to Conditions of Approval CU- 2004 -AR -6904 Mining Ventures, LLC Item # 17B September 23, 2008 Page 36 of 42 Community Development and Environmental Services Division has worked with the applicant to ensure the permitting process continues in a timely manner. 41. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. Blasting will terminate five (5) years after the issuance of the Excavation Permit for Phase 11 of the mining operation. 42. Blasting shall be limited to the blast zone depicted on the attached map. Engineering Services Department Staff has monitored every blast, and ensures that the blasts are limited to the blast zone, and those inspection reports are flied with the County. vm2aWS- 2NN2- Vim: i -Bc MSS a2oa.ros.00a . rvmK. nia9a 9 Item # 17B September 23, 2008 AttacbmentRage 37 of 42 JONES MINING COMPANY, LLC May 27, 2008 RE: Minutes from May 15, 2008 Meeting Dear Committee Member: The following are the minutes from our May 15, 2008 meeting. Meetine Date: May 15, 2008 Time: 6:30pm Location: Jones Mining Office Trailer located @ 16000 Immokalee Rd Attendees: Karl Vogel (Member), PJ Noe (Member), Truman Gay (Member), David Purdie (Member), Guy Raimondi ( Member), Kathleen Raimondi (Member), Damon Jones (Jones Mining),Terri Burket ( New Member), Tim Nance (Golden Gate Civic Assoc), Mike Ramsey (Environmental Consultant), Dan Bergeron (Neighbor) Absent: Randy Bourbeau (Member), Charles Icenogle (New Member), The meeting commenced with Damon Jones summarizing the events of the last meeting. The committee then discussed the inspection reports performed by Forge Engineering and WJ Johnson on Randy Bourbeau's house. There were multiple comments made by members regarding the reports. The consensus was that additional firths needed to be solicited. Damon informed the committee that he was told by Gerry Maron of WJ Johnson that he was leaving the firm and that they had not hired another Professional Engineer, PE, at the firm. The committee discussed not using WJ Johnson in the near future until it a new Professional Engineer was hired by the firm and the committee could look at that person's credentials. Kathy Raimondi also suggested that the mine should disclose to the public any assistance they provide the neighbors. The other members disagreed with Terri Burkett commenting that the issue is between the mine and the homeowner. Dave Purdie and Terri Burket suggested contacting the State Fire Marshal's office for a list of potential firms. They both agreed they would follow up with making the inquiry. PJ Noe also said she would contact some acquaintances to inquire about additional firms. Item # 17B September 23, 2008 Attachmenftge 38 of 42 The committee discussed having members come and witness a blast on site. Damon Jones stated that he would get with the blaster and try and coordinate a blast and would inform the committee members in advance to accommodate their schedules. Mike Ramsey, who was invited to attend by Tim Nance, spoke as well. Mr. Ramsey is an environmental consultant among his other consulting activities. It is his opinion that there could be some soil compaction rate issues in the area as a whole and recommended a large scale soil density study be performed. Damon Jones stated that would be a good endeavor for the State or County to take on but it is not an option at the mine's expense. The meeting concluded with the decision that members would investigate and attempt to solicit additional firms for discussion and that any possible firms contact information could be passed onto Damon Jones and he would send them a Request for Proposal. Damon also agreed that he would follow up with the next meeting tentatively scheduled for the second or third week of June. Sincerely, Damon Jones Jones Mining Company Post Office Box 990099 Naples, Florida 34116 Telephone: 239- 304 -1506 Fax: 239 -304 -1519 Email: ionesmining@aol.com Item # 176 September 23, 2008 Attachmenfla@e 39 of 42 JONES MINING COMPANY, LLC June 30, 2008 RE: Minutes from June 26, 2008 Meeting Dear Committee Member: The following are the minutes from our June 26th meeting as well as additional information for moving forward: Meeting Date: June 26, 2008 Time: 6:30pm Location: Jones Mining Office Trailer located @ 16000 Immokalee Rd Attendees: PJ Noe (Member), Truman Gay (Member), Guy Raimondi (Member), Kathleen Raimondi (Member), Terri Burket (Member), Damon Jones (Jones Mining), Mike Ramsey (GGEACA), Bob Rude (Bob Rude Structures, Inc) Absent: David Purdie (Member), Randy Bourbeau (Member), Karl Vogel (Member), Charles Icenogle (Member) The meeting began with a presentation from Bob Rude of Bob Rude Structures, Inc. Mr. Rude presented to the committee for consideration of being selected as one of the two firms to be chosen by the committee. Mr. Rude discussed his experience of more than 25 years in the business and that he does work around the State but majority of business is in Collier and Lee Counties. Committee members asked numerous questions regarding what types of cracks are common in stucco, settlement issues, dissimilar materials and how blasting relates to these issues. Mr. Rude left once he completed his presentation and there were no more questions for him. The committee then discusses Mr. Rude firm as well the other two firms we have communicated with, Forge Engineering and WJ Johnson. Damon asked if any members had been in contacted with any other firms. Damon Jones had contacted a few others with no luck. The ones that did reply stated that they did not perform the type of work being asked. Terri Burket also stated she had communicated with some firms with no interest. Kathy Raimondi recommended that a Geologist be solicited. Terri Burket stated she had had discussions with a few already with no satisfactory results. Item # 17B September 23, 2008 AttachmenQApe 40 of 42 The committee then took a vote to select two firms from the three which had offered their service. With four members absent it was determined that Damon Jones would follow up with the absentee members as part of the meeting minutes and solicit their votes. The decision on the two firms would not be final until those member's votes were considered. Bob Rude Structures, Inc was approved by all five members present. The committee members present were all impressed with Mr. Rude. Three of the members were also in favor of Forge Engineering with two members present stating they preferred WJ Johnson. Terri Burket stated that Forge had done an inspection on her home and she was very impressed with Matt Nolton and that he gave her a great deal of insight on issues with her home that were not blasting related. Damon Jones pointed out that Gerry Maron, the principal engineer from WJ Johnson that met with the committee and inspected Mr. Bourbeau's house, is no longer with the firm. The two members, which preferred WJ Johnson, commented that was an important factor and WJ Johnson probably should be removed from consideration until he is replaced. The members' present decided on a July 21" deadline to hear back from the members who were not present. If those members who could not make the meeting have any insight, additional comments or vote, please respond tome prior to July 21". I have some additional information on Bob Rude Structures, Inc that Mr. Rude provided us that I would be happy to share with anyone who was not present. Just let me know and I can drop the folder off. As always, I appreciate your assistance and cooperation with this committee. Please feel free to contact me with any questions and or concerns. I will follow up with all the members after July 2I5t Sincerely, Damon Jones Jones Mining Company Post Office Box 990099 Naples, 171mida 34116 Telephone: 239 -304 -1506 Item # 17B September 23, 2008 AttachRmg EW of 42 JONES MINING COMPANY Selected Engineering Firms The procedure for investigating possible or alleged damage is to contact the mine office and speak with Damon Jones first. If no resolve is accomplished, then the Neighborhood Engineering Selection Committee has chosen the following two firms to investigate alleged damage and make a report to their findings: Forge Engineering, Inc 6200 Shirley St, Suite 204 Naples, FL 34109 (239) 514 -4100 www.Forgeeng.com Bob Rude Structures Inc. 3612 Evans Ave Fort Myers, FL 33901 (239) 277 -7771 www.Bobrudestructures.com The homeowner will have the option to choose which of the two firms they would prefer to use and it will be the responsibility of Damon Jones to contact the firm and coordinate a timely inspection with the homeowner. Conditional Use Re- Review Mining Ventures, LLC CU- 2004 -AR -6904 SELECTION COMMITTEE Contact: Damon Jones Jones Mining 239 -304 -1506 Members: Randy Bourbeau Terri Burket Truman Gay Charles Icenogle PJ Noe David Purdie Guy Raimondi Kathleen Raimondi Karl Vogel Item # 17B September 23, 2008 Page 42 of 42 CUR- 2008 -AR -13539 REV: i SR -846 LAND TRUST EARTH MINE Project: 2004 t 20008 Date: 721/08 DUE: 8/4/08