Agenda 04/22-23/2008 Item # 7C
Agenda Item No, 7C
April 22, 2008
Page 1 of 52
EXECUTIVE SUMMARY
CUR-2008-AR-12955, Mining Venture, LLC., represented by R. Bruce Anderson of
Roetzel & Andress, is complying with condition number 3 of Conditional Use Resolution
2007-274 for earth mining in the A-MHO Agricultural zoning district, which requires a
review of the Conditional Use approval to determine whether additional stipulations or
mitigation are necessary. The subject property, consisting of 2,576 acres, is located east of
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 Resolution No. 07-274 and to
make a determination to either agree to maintain the current conditions of approval or to
reconsider and possibly modifY those conditions.
CONSIDERATIONS:
On September 25, 2007, the Board of Zoning Appeals (BZA) approved CU-04-AR-6904
(Resolution No. 07-274) for an earth mining activity in the Rillal Agricultille (A-MHO) Mobile
Home overlay zoning district. The approved Conditional Use expanded the boundary of the
existing earth mining operation as well as permitted blasting of excavation and processing of
limestone for the activity commonly referred to as "Jones Mine",
CU-04-AR-6904 included "Conditions of Approval" (see Attachment "A"). Condition number
three (3) requires that, "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 insille 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," This CUR is the initial six (6) month
review and will have to come back to the BZA on the first anniversary ofCU-04-AR-6904.
County staff has reviewed the performance of the on going excavation activities at Jones Mine
based upon the conditions that were adopted in Resolution No. 07-274. The Conditional Use
Review was utilized to evaluate the site's compliance with the original conditions of approval.
- Staff has determined that Jones Mine has met the requirements for the original conditions of
approval. The result of staff's assessment for each condition is included in Attachment A. In
Page t 00
Agenda Item No, 7C
April 22, 2008
Page 2 of 52
addition, the applicant has submitted their own analysis in Attachment "B" and provides staff
with the appropriate back-up material to support the analysis.
FISCAL IMPACT:
The Conditional Use by and of itself, will have no fiscal impact on Collier County. The inclusion
of impact fees and taxes collected are for informational purposes only; they are not included in
the criteria used by Staff and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
The subject property is designated as Rural Agricultural/Rural, Rural Fringe Mixed-Use District
(RFMUD), Receiving Lands, on the Future Land Use Map of the Growth Management Plan
(GMP), The RFMUD provides a transition between the Urban and Estates designated lands and
between the Urban and Agricultural/Rural and Conservation designated lands lying farther to the
east. The GMP allows for earth mining activities within the RFMUD Receiving Lands. The
Collier County Land Development Code also indicates that earth mining activities are
permissible as conditional uses in the RFMUD Receiving Lands, This is the first 6-month review
of the Conditional Use approval issued September 25,2007.
Based upon the above analysis and review, Comprehensive Planning staff concludes that the
Conditional Use for the earth mine in the Agricultural zoning district may be deemed consistent
with the Future Land Use Element.
Transportation Review of Conditions: Transportation Services Division staff has reviewed the
conditions associated with the Conditional Use and has reviewed the historical traffic reports
associated with the monitoring of the SR-846 Land Trust Earth Mine. Staff has reviewed this
petition and deemed that the applicant has complied with the conditions of approval that
pertained to transportation conditions,
Environmental Review Of Conditions: The site contains over 922,7610 acres of native vegetation
and the minimum requirement of fifteen (15) percent preservation has been shown on the site
plan as two separate preserve areas. The majority ofthe remaining native vegetation on site will
be retained. Engineering and Environmental Services Department staff has reviewed this petition
and deemed that the applicant has complied with the conditions of approval that pertained to
Environmental Advisory Council (EAC) conditions of approval.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC was not required to review this petition. The EAC heard the original petition on July
11, 2007, and with a 6-3 vote recommended to forward this petition to the Board of Zoning
Appeals (BZA) with a recommendation of approval subject to conditions that were incorporated
in the Conditions of Approval.
Page 2 00
Agenda Item No. 7C
April 22, 2008
Page 3 of 52
COLLIER COUNTY PLANNING COMMISSION (CCpe) RECOMMENDATION:
The CCPC was not required to review this petition. The CCPC heard petition CU-2004-AR-
6904, Land Trust Earth Mine on August 2, 2007, and by a vote of 8-0 recommended to forward
this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject
to conditions that were incorporated in the Conditions of ApprovaL
LEGAL CONSlDERA nONS:
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 did not fully comply with or complete
all conditions of approval set forth in the Conditional Use, 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. Revocation of this
Conditional Use requires four (4) votes. - JAK
RECOMMENDA nON:
Staff recommends that the Board of Zoning Appeals (BZA) accept the staff and petitioner's
report and approve Petition CUR-2008-AR-i2955, Land Trust Earth Mine to allow the continued
use with no additional stipulations.
PREPARED BY:
Melissa Zone, Principal Planner
Department of Zoning and Land Development Review
Page 3 of3
Item Number:
Item Summary:
Meeting Date:
Page lof2
Agenda Item No. 7C
April 22, 2008
Page 4 of 52
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7C
This item to be heard at 2:00 p,m. This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. CUR-2008-AR-12955 SR-846 Land
Trust Earth Mine, Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel &
Andress, is requesting a review of the approved Conditional Use Resolution 2007 -274 for
earth mining in the A-MHO Agricultural zoning district. The subject property, consisting of
2,576 acres, is located east of 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-at-Way tor County
Road 846, Collier County, Florida.
4/22/2008 9:00:00 AM
Prepared By
Melissa Zone
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
4/1/20089:21 :04 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
4/3/2008 10:19 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
4/4/2008 1 :05 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
4/7/200811 :53 AM
Approved By
Susan Murray, A1CP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
4/7/20083:58 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
4/8/2008 1 :50 PM
Approved By
Joseph K. Schmitt
Community Development &
Community Development &
Environmental Services Adminstrator
Date
Community Development &
4/9/20088:04 PM
file://C:\AgendaTest\Export\ 1 05-April%2022, %202008\07, %20BOARD%200F%20Z0NI,.. 4/16/2008
Page 20f2
Agenda Item No. 7C
April 22, 2008
Page 5 of 52
Environmental Services
Environmental Services Admin.
Approved By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
4/10/20088:41 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/10/200810:26 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
4/10/2008 11 :01 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/15/200811:36 AM
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Agenda Item No, 7C
April 22, 2008
Page 6 of 52
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.
1. 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.
. Staff has found that the applicant has complied with or completed all
conditions of approval that were required by CU-04-AR-6904 Conditions
of Approval (Res. 07-274),
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.
. Jones Mine and the surrounding neighbors in the process of hiring an
independent Engineer. County staff has been provided with enough
documentation that this process is being fulfilled. Furthermore, staff has
placed a copy of the committee information in the County's main file for
CU-04-AR-6904.
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.
. The Conditional Use Re-review petition is being heard by the Board of
Zoning Appeals on April 22, 2008,
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.
. The excavation permit has not been approved at this time,
Attachment A
Page 1 of7
Agenda Item No. 7C
April 22, 2008
Page 7 of 52
5, Jones Mine shall set-up a bi-annual $40,000 fund that shall be designated for
neighborhood improvements.
o The applicant has established an escrow account at the offices of Roetzel &
Andress, P,A. in Naples. Staff has placed a copy of the account information
in the County's main file for CU-04-AR-6904.
6. The County shall monitor the conditional use for blasting, and an inspection charge
shall be applied to cover fees associated with the inspection.
o Engineering Services Department Staff has monitored every blast and the
inspection reports are filed with the County.
7. A $500,000 bond shall be set aside for settlement of any claims for structural
damages directly resulting from blasting.
o Applicant has already on file with County 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 has provided copies of liability insurance certificates of coverage
for it through its subcontractors in the aggregate amount of $2 million.
8, The local damage contact will be Mr. Damon Jones at 239-304-1506 or
, ,
WWW.lOnesmlnlnQ.com.
o Mr. Damon Jones is still the primary contact for Jones Mine and phone
number and website are still active.
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 db!.
o Engineering Services Department Staff has monitored every blast and the
mine operators have not exceeded the maximum limit, and the inspection
reports are filed with the County,
10. Ground vibration shall be allowed up to and not to exceed a calendar monthly
average of 0.20 inch per second.
o Engineering Services Department Staff has monitored every blast and the
mine operators have not exceeded the monthly average of 0.20 inch per
second, and the inspection reports are filed with the County.
i 1. The maximum load per hole shall be limited to less than 100 pounds of explosives
per blast.
o Engineering Services Department Staff has monitored every blast and the
mine operators have not exceeded the maximum limit, and the inspection
reports are filed with the County.
i2. The maximum of eighteen (18) blasts per month and the maximum number of holes
per month shall not exceed 1,680,
Attachment A
Page 2 of7
Agenda Item No, 7C
April 22, 2008
Page 8 of 52
. Engineering Services Department Staff has monitored every blast and the
mine operators have not exceeded the maximum number of holes of 1,680
per month, and the inspection reports are filed with the County,
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.
. Staff recognizes that the one dollar ($1.00) fee per loaded truck is in the
process of being paid to the County. Transportation Services Division staff
is in the process of setting up the receiving account. No objection is known
at this time with reference to this listed condition.
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.
. The applicant has retained Dr. Robert Carr to monitor for any historical or
archaeological artifacts are discovered. Although, staff has not indication
that the applicant has a contract and/or agreement with Dr. Carr.
IS. 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.
. The applicant has provided the monitoring reports to Collier County's
Transportation Services Division,
16. The storm water run off quality should not be affected with the proposed
excavation area expansion,
. The storm water run off exists within the confines of the project site.
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.
. A Site Improvement Plan (SIP) was issued by the County in September
2006 for the Type B buffer. In addition, staff did make a site visit to verify
that this condition was met.
i8, 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. ifthe 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.
. Staff did make a site visit to verify that this condition was met.
Attachment A
Page 3 of7
Agenda Item No, 7C
April 22, 2008
Page 9 of 52
19, Blasting is allowed only within the "Permitted Lake Boundary" as shown on the
Conditional Use Master Site Plan - Phase I and II.
. Engineering Services staff has been monitoring the location of the blast and
confirms the blasting is within the permitted lake boundary.
20, Adequate utility, access roads, drainage, and other necessary facilities already
provided shall continue to be maintained.
. The facilities have been 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.
. Engineering Services Department Staff has monitored every blast and the
mine operators are in compliance with the laws of the State of Florida,
Collier County Government and the Federal Government, and the
inspection reports are filed with the County.
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.
. Engineering Services Department Staff has verified that the mmmg
operators have complied with the prescribed hours of pit operation.
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.
. Engineering Services Department Staff has monitored every blast and the
inspection reports are filed with the County.
24. The maximum allowable depth of the excavation shall be 45 feet or to the
confining layer, whichever is shallower.
. Engineering Services Department Staff has verified that the mmmg
operators have complied with the maximum allowable depth of the
excavation.
25, Excavation shall occur from the eastern boundary and work towards the western
boundary of the property.
. Engineering Services Department Staff has verified that the mining
operators have complied with the prescribed areas and progress of
excavation,
Attachment A
Page 4 of?
Agenda Item No. 7C
April 22, 2008
Page 10 of 52
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 applicant has provided staff with the designs for the southbound land
and is part of the back-up material to this analysis.
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.
. This condition is not applicable because the 800 maximum loaded trips per
day has not exceeded. Transportation Services Division has no objection or
proposed changes to this condition at this time.
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.
. This condition can not be completed until the excavation activities have
ceased.
29. During each blast a seismograph machine shall be placed in three locations; at the
northern property border closest to Pawn Avenue and adjacent to the closes
residential structure; at the southern property border adjacent to the closes
residential structure between 16th Street N.E. and 20th Street N.E.; at the eastern
property border between 52nd Avenue N.E. and 58th Avenue N.E.
. Engineering Services Department Staff has monitored every blast and the
applicant has placed seismograph machines at the three locations listed,
These inspection reports are filed with the County.
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.
. Engineering Services Department has the records of the pre-blasting
survey, and the inspection reports are kept in the 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,
Attachment A
Page 5 of7
Agenda Item No. 7C
April 22, 2008
Page 11 of 52
. The applicant has applied for approval of the indigo snake plan according
to the excavation permit application.
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 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 survey was provided in the Environmental Impact Statement (EIS) for
the excavation permit.
34. Vegetated buffers shall be maintained around all wetlands. If any 0 f these buffer
areas do not include the minimum required vegetated width, a replanting plan will
be required as part of the excavation permit.
. The existing vegetated buffers have been maintained.
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 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 ofthe Conditional Use and be finished within 5 years of said approval.
. The commencement of construction of the littoral area is not required at
this time. This will be determined prior to excavation permit 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,
. The mining operators have complied with all applicable conditions or 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 (EAC).
Attachment A
Page60f7
Agenda Item No. 7C
April 22, 2008
Page 12 of 52
o The mining operators have monitored, recorded and reported the water
table in the adjacent on-site wetlands as required and staff has forward the
report to the EAC.
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.
o This report is not required until applicant apply for the excavation permit.
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.
o Community Development and Environmental Services Division has
worked with the applicants to ensure the permitting process move in a
timely manner.
41, Blasting shall be terminated five (5) years after the expanded excavation permit has
been issued,
o Staff is unable to evaluate this condition because the excavation permit has
not been issued and this condition of approval will happen after five years
of the excavation permit approval.
42. Blasting shall be limited to the blast zone depicted on the attached map.
o Engineering Services Department Staff has monitored every blast, and
ensures that the blasts are limited to the blast zone, and those inspection
reports are filed with the County.
Attachment A
Page 7 of?
Agenda Item No, 7C
April 22, 2008
CUR-2008-AR-12955 ~ 1.j3 of 52
SR-846 LAND TRUST MINE
Project: 2004120008
Date: 2f26/08 DUE: 3/11/08
,\'
Response to the Conditions of Approval of Sep 25, 2007
SR 846 Land Trust
Feb. 21, 2008
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 Mining Ventures, LLC's consultant team consisting of:
Wilson Miller (planning and civil engineering), GeoSonics (seismology), Roetzel & Andress, LPA
(land use attorney), Passarella & Accosiates (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
1, 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 on the zoning district and surrounding area, or the applicent 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.
All conditions continue to be complied with and monitored, and are addressed in
this response. Every effort has been made to inform and respond to neighbors
with questions about the mining operation. The drilling and blasting program has
been reduced over the past few months in response to the weakened demand for
the operation's products. At the same time, with each blasting event comes the
opportunity for the operators to learn, modify and adjust the dynamics of the
blasting program.
2. Jones mine shall assist in the fonnation 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
two engineering firms have been received and evaluated. The committee has
asked the applicant to secure additional proposals and this is underway. A
meeting is scheduled for February 25 to review proposals and interview
engineers.
2J22f.2008-'99<<7-Vv.2.EIT)'$Qn
04208-005-004_PWRK.3IB9S
Attachment B
Agenda Item No, 7C
April 22, 2008
Page 14 of 52
2
Response to the Conditions of Approval of Sap 25, 2007
SR 846 land Trust
Feb,21,200a
The applicant would like to increase the responsibilities of the committee to help
gain direction for other community oriented activities and outreach, if the
committee is willing to participate.
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 wili 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 Existing Conditional Use Review and
plans to be available for the proposed meeting with the BZA on April 8, 2008.
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.
This Is acknowledged.
5. Jones Mine shall set-up a biannual $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. in addition, the
County Attorney's office has been asked as to how the monies are to be spent.
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.
7, A $500,000 bond shall be set aside for settlement of any claims for structural damages
directly resulting from blasting.
The applicant has asked the County attorney to determine who will be the
Certificate Holder of this bond. Currently the applicant has a $1,000,000
2122r'2008'1119-441.Ver:2~BTyson
0420&-005-004.P\IiRK.911!1Q8
Agenda Item No, 7C
April 22, 2008
Page 150152
3
Response to the Conditions of Approval of Sep 25, 2007
SR 846 Land Trust
Feb.21,2008
Certificate of Liability Insurance with the County named as the Certificate Holder.
Also in place is a $500,000 Performance Bond (No. 8302.72-24) required by the
LDC for the ongoing and satisfactory completion of mining operations. The
County is named as Obligee for the bond. Copies of these 2 documents are
attached to this review of conditions of approval.
8. The local damage contact will be Mr. Damon Jones at 239-304-1506 or
www.lonesminina.com.
Damon Jones and his contact information remain the same. Between September
25, 2007 and the February 13, 2008 Damon has not directly received any
complaints from neighbors concerning damage. However, one damage complaint
was received by Commissioner Coletta and that Item has been resolved to the
parties satisfaction between the complaint originator (Purdie) and Jones Mining.
Additional comments were received from:
. State Fire Marshall to Mr. Jones concerning communications about
blasting between their office and Ms. Terri Burket.
. communication between Mr, Richard Babb and Commissioner Coletta
indicating that blasting continues and it is shaking his house, Mr. Babb
requested an inspection which was compieted on January 21, 2008.
. Communication between David and April Garrett to Commissioner Coletta
indicating blasting Is causing damage to their property. A pre-blast
Inspection was done for this residence and once the mining inspection
team has the chance to view the property and compare Information, the
issue will be resolved.
The Jones Mine web site is updated periodically with new information about the
various mining operations.
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 db!.
Noise from recent (between 9125107 and 2113108) blasts has not exceeded this
threshold. As of this writing, the maximum db(L) ievel was 113 recorded on
December 13, 2007. This reading equates to 44 % of the 120 db(L) threshold as
the percentage is based on a logarithmic calculation,
2I22f2G08-1ll9447-Vv,2-aTyson
0420B-00S-004.PWRl(-SIIlllS
Agenda Item No. 7C
April 22, 2008
Page 16 of 52
4
Response to the Conditions of Approval of Sap 25, 2007
SR 846 Land TI'Ust
Feb,21,2008
10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of
0,20 inch per second,
Ground vibrations have remained well below this threshold. The maximum
average velocity was for the month of December, 2007 with a reading of 0.104 inch
per second. This reading is 52% of this Condition of Approval required 0.20
maximum threshold and only 21% of the County maximum threshold requirement
(0.50) in the LDC.
11. The maximum load per hole shall be limited to less than 100 pounds of explosives per
blast.
The maximum load per hole occurred on December 13, 2007. On that date, fifty
(50) pounds of explosives were used In each hole on that day's second blast.
12. The maximum of eighteen (18) blasts per month and the maximum number of holes per
month shall not exceed 1,680.
The maximum number of blasts per month was two (2) between September 25,
2007 and February 13, 2008, which occurred in December, 2007. The number of
holes blasted that month was 80, the highest total in the reporting period. It is
anticipated the number of blasts will increase In the future as the demand for
more mining products increases.
13. A one dollar ($1,00) per heavy loaded truck exiting the 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.
The one dollar charge has been collected since January 2, 2008. Mr. Nick
Cassalinguida of Collier County Transportation has been notified of this activity
and a request has been made to County Transportation as to who receives
payment.
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,
A proposal has been received from Dr. Robert Carr, the archaeologist who
performed the initial study of the property. He wiJI come to the property 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.
2f.2Z12OO6.1~47.Ver.2.BTyson
04.208-005-004-"'-YRI(-31891l
Agenda Item No, 7C
April 22, 2008
Page 17 of 52
5
Response to ('he Conditions oj Approval of Sep 25,2007
SR 846 Land Trust
Feb,21,2008
15, Beginning on the first anniversary date of the 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 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 additional information (accident reports and condition of
the roadway adjacent to the property entrance) will be added on an annual basis.
16, The storm water run off quality should not be affected with the proposed excavation area
expansion.
The property use is strictly limited to mining operations. The area that is currently
permitted for blasting has had the surface soli material removed, creating an 8' to
10' pit. There is no discharge pipe from the pit, The limit of excavation has not
increased beyond the Phase I limits. Generally, rain fall beyond the limits of the
excavation either percolates into the soil or runs off to the property perimeter.
Rain fall within the pit remains there until it is absorbed into the groundwater
regime. Therefore, the quality of storm water run off has not been adversely
affected by the operation.
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.
An SIP was issued by the County in Sep, 2006 for the work on the mining
operation's buffer. The work on the buffer was completed shortly thereafter. All
work associated with the buffer was in place prior to the initiation of blasting
operations.
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 abie 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, (Le, 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
212mOOO+1Q9447-Vtr.2-BTlI1'Oll
042O&-OOS-004-PWRK-31Bge
Agenda Item No, 7C
April 22, 2008
Page 18 of 52
6
Response to the Conditions of Approval of Sap 25, 2007
SR 846 land Trust
Feb,21,2008
sound deflectors next to their motors to deflect the noise away from the
residential areas.
19, Blasting is aliowed only within the "Permitted Lake Boundary' as shown on the
Conditional Use Master Site Plan - Phase I and II.
Blasting has only occurred within the permitted area shown on the Conditional
Use Master Plan - Phase I. Blasting can only occur in the Phase II area after the
Issuance of the Excavation Permit for Phase II.
20. Adequate utility. access roads, drainage, and other necessary facilities already provided
shali 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, especialiy 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 within specific
compliance of the Collier County LDC, these Conditions of Approval, and State of
Florida Regulations.
Jones Mining Company, LLC initiated the permitting process with the State Fire
Marshall's office to obtain a Construction Materials Mining Permit as reqUired by
the State of Florida. Following Inspection and processing the State permit has
been issued.
The County permit for blasting was approved on August 25, 2006 (#374-2006-19)
and issued following the initial inspection submittal. The "master" permit is
renewed annually and each blast is Independently permitted and monitored by the
County. The most recent blasting permit was issued by the County on June 19,
2007 (#389-2007-06).
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 shali be limited to 7:00 A.M, to 6:00 P.M. Monday through
Friday, The hours of blasting shali be regulated by stipulation number 23.
2IZ2I2OOlI*111Il+l7.VIV,2-Bl~
06208-0C54:M. PWRl< _ S1&1l8
Agenda Item No. 7C
April 22, 2008
Page 19 of 52
7
Response to the Conditions of Approval of Sep 25. 2007
SR 846 Land Trust
Feb. 21, 2008
The hours of 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 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.
All blasting has occurred between 9:00 AM and 4:00 PM. Most blasting occurs in
the morning hours when cloud cover is minimal. Blasts occurring at cloudless
times have the resulting noise go upward, thereby minimizing noise effects to the
surrounding areas. When cloudy, the noise reflects from the clouds to the
ground.
Initial blasting started on August 25, 2006. Monitoring Is being performed by
GeoSonics, Inc. with seismographs individually set up in locations requested by
Condition of Approval # 29.
The following table indicates the number of blasts detonated between September
25,2007 and February 13, 2008:
2007 Se tember
2007 October
2007 November
2007 December
2007 Janua
2007 Februa
2007 March
2007 A ril
, Blasts occurred before September 25, 2007
3',
o
1
2
o
o to date of this re ort
TBD
TBD
A total of 3 individual blasts have occurred between September 25, 2007 and
February 13, 2008.
Ground vibrations have remained well below the current maximum threshold. The
maximum average velocity was for the month of December, 2007 with a reading of
0.104 inch per second. This reading is 52% of the required 0.20 maximum
threshold and only 21% of the County maximum requirement (0.50) In the LOC.
2t22I2OO8-199447-Ver.2-BTyson
04206-Ol)S.OO4 - P'W'RK- 31898
Agenda Item No, 7C
April 22, 2008
Page 20 of 52
8
Response 10 the Conditions of Approval of Sap 25, 2007
SR 846 Land Trust
Feb. 21,2008
Noise from recent (between 9/25/07 and 2/13/08) blasts has not exceeded the 120
db(l) threshold. As ofthis writing, the maximum db(l) level was 113 recorded on
December 13, 2007.
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.
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 to
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 hours (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 agencies having jurisdiction over the permitting
process.
27, The conditional use shall be limited to 800 maximum loaded trips per day until the
southbound passing iane is constructed. Once the southbound lane has been installed,
the limitation on 800 maximum loaded trips shall be lifted,
The daily number of loaded truck trips from the property has not exceeded 800.
The highest number of trucks leaving the mine site within the past 12 months
occurred on March 12, 2007 when 357 loaded dump trucks departed. The
maximum number of trips between September 25, 2007 and February 13, 2008 was
286 recorded on October 25.
28, Upon completion of excavation activfties, 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.
2122f2QOO.191i1447-Ver:2+BTy.Rln
(l4200-00S-004. f>WRK. 31B98
Agenda Item No. 7C
April 22, 2008
Page 21 of 52
9
Response to the Conditions of Approval of Sap 25, 2007
SR 846 Land Trust
Feb. 21,2008
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 16111 Street N.E, and 20th Street N.E,; at the eastern property border between
520d Avenue N.E, and 58th 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 completely cover all blasting and operational hours.
The seismographs are placed at the following locations:
A. GeoSonic5, Inc. SSU 3000SR Remote Seismograph System was installed at
the Gallegos residence, 6750 Fawn Lane, Naples, FL 34120.
B. GeoSonics, Inc. SSU 3000SR Remote Seismograph System was installed at
the Garret residence, 231156111 Avenue, N. E., Naples, FL 34120.
C. GeoSonics, Inc. SSU 3000SR Remote Seismograph System was installed at
the Cheney residence, 4940 20th Street, N. E., Naples, FL 34120.
D. A similar seismogragh system is installed at the northeast corner of the
residence at 4920 20 Street, N. E., Naples, FL 34120 (the test house). This
recorder is equipped with additional vibration sensitive equipment placed
to monitor the effects of blasting and environmental factors.
The test house was purchased and leased back to the previous owner until
the end of February, 2008. Once the renter has moved, the test house will
receive a through inspection and additional vibration and environmentally
sensitive equipment will be installed. This equipment will be placed to gain
a greater understanding of the relationships and effects generated by
environmental factors (both weather and human induced within the test
house), construction techniques and blasting have on the building. With
this sophisticated equipment in place, a much better understanding of the
causes of surficial or significant cracking can be evaluated and
determined.
Following each blast all results are downloaded from the seismographs. The
records are printed and the results faxed to Jones Mining Company, LLC, Collier
.2I22"~.OO8-1(19.4.1?-VGr.2-B1)ISlln
lJ42Oe..OO5.004~PWRK-:a1e98
Agenda Item No, 7C
April 22, 2008
Page 22 of 52
10
Response to the Conditions of Approval of Sap 25, 2007
SR 646 land Trust
Feb, 21, 2008
County CDES, and Florida Drilling & Blasting (a licensed blasting contractor
conducting the blasting at the mine site).
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.
Prior to blasting and on June 21, 2006 preblast notifications were sent to
residences near the project site. The notification consisted of 174 letters mailed
via U. S. Postal Service, First Class Mail to residents within a radius of 3,042 feet
of the mine property. This notification distance exceeds the County requirements.
In addition, Jones Mining Company, LLC representatives hand delivered letters to
homeowners and renters within a close proximity of the operation and provided
an explanation about the inspection In Spanish if necessary to residents. Eighty-
fIVe residents requested the initial inspection.
Following notification appointments were scheduled and inspections were
completed between July 12, 2006 and August 25, 2006 for everyone requesting an
inspection to that date. The offer for inspections continues to this day and an
additional 54 inspections occurred after August 25, 2006 through January 21,
2008. Inspections consist of an exterior and interior examination with written
diagrams and photographs of existing conditions and diagrams of existing cracks
and defects. Photographs were taken using film and later digital photography
with all photographs reduced to CD-Rom storage for distribution.
Upon completion of all Inspections, copies of the inspection reports and CD-Rom
copy of the inspection photographs were collectively mailed to all residents
having requested the inspection. Additionally, a bound summarized copy of all
the Inspections was forwarded to Collier County, CDES Engineering and Jones
Mining Company, LLC. In the event of future need, GeoSonlcs, Inc. - Florida
Office maintains the original inspections and photographs. The inspections meet
the Collier County regulations.
A total of 98 inspections and 5 re-inspections of improved properties around the
mine site have been completed as of February 13, 2008.
2l22Il:!OOa.'99<<7-ver.2.BT~
04206-005-004-9\NRK-318ge
Agenda Item No, 7C
April 22, 2008
Page 23 of 52
11
Response to the Conditions of Approval at Sep 25,2007
SR 846 Land Trust
Feb, 21, 2008
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 will be provided to
COES as part of the Excavation Permit application. The eastern indigo snake plan
will follow 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. A copy of any applicable mitigation
requirements for listed species will be given to COES Environmental Services
Department as part of the requirements for the Excavation Permit for Phase II,
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.
Prior to expanding new sections or zones of the mine in Phase II, a follow-up
pedestrian listed species survey will be given to the Environmental Services
Department for that specific zone of excavation.
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.
35, Any other additional or updated environmental permits or information as required in the
LDCwill be required prior to excavation permit approval.
The application for the Excavation Permit will be consistent with the requirements
of the LDC at the time of permitting.
2/22J2l)OO.199447.Ver:2.BTy!>llfl
04:l'08-0l'IS.004-PWRK-316i8
Agenda Item No. 7C
April 22, 2008
Page 24 of 52
12
Response to the Conditions of Approval of Sap 25, 2007
SR 846 Land Trust
Feb. 21,2008
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 finished within 5 years of said approval.
The location of the 5,3 acre littoral area will be shown on the Excavation Permit
application drawings for Phase II. The plans for the littoral area will be conceptual
in nature and modified once a clearer understanding of the ultimate groundwater
elevations and soil types are known. The proposed littoral area had the surficial
soils removed some years ago and will be constructed using on-site materials.
Once these variables are understood, the final details will be provided to the
Environmental Services Department for review and approval of the littoral area.
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,
This is acknowledged.
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,
Wetland monitoring wells have been placed on the property. Water levels in these
wells will be read and forwarded to CDES Environmental Services Department in
March and September for 5 years. Sufficient copies of the information will be
provided so that CDES can forward them 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 infoonation from FWC shall
be provided to the applicant upon request.
Information of this nature will be forwarded to CDES Environmental Services.
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
The Applicant took advantage of the County's expedited review process during
the approval stages and will request the expedited review process for future
application processing.
2f22J2OC8-199441.Vor. 2.BTymn
04208-005-004-F'WRK-318118
Agenda Item No. 7C
April 22, 2008
Page 25 of 52
13
Response to the Conditions of Approval of Sep 25, 2007
SR 846 land Trust
Feb,21,2008
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 II of the mining operation.
42, Blasting shall be iimited to the blast zone depicted on the attached map.
Blasting will be limited to those areas depicted on the WlIsonMiller sketch titled
S.R. 846 Land Trust Earth Mine, Exhibit 0 to the Conditional Use, dated 10/212007,
showing the no blast (hatched) and blast (no hatching) zones. Rock removal may
occur In the no blast areas but the rock cannot be blasted.
212212OOl1.11194'7.ver.;l_STY$(lfl
04208-OO!).004.fWR!<_31898
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COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
e
_. e
,. ,-, ," _......,.~.':
Agenda Item No. 7C
April 22, 2008
2800 NORTH HORSESHOEft)@IlIEl of 52
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
Should the Board of County Commissioners approve a Conditional Use with stipulations, the
Conditional Use shall be reviewed to determine whether the applicant has met the conditions of
approval or whether additional stipulations are necessary. Applicant must submit required documents
addressing the stipulations no later than six (6) months prior to the date mandated by the Board of
County Commissioners.
PETlTlON NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
CUR-2008-AR-12955 REV: 1
[ SR-846 LAND TRUST MINE ]
Project: 2004120008
Date: 2/26/08 DUE: 3/11/08
i~~li\t'Cr~~~~~~_
.. .... , ,." ,_ [~y~~ . _.\~ll.. 1;...,. !.!a..m. ~ tIO. '.. .."'_ _, _"'"
NAME OF OWNER MINING VENTURES, LLC
ADDRESS 3606 ENTERPRISE AVE, CITY NAPLES STATE FL ZIP 34104
TELEPHONE # 239,643,3343 CELL # 239,293,3730 FAX # 239,643.4726
E-MAIL ADDRESS:DBARBER@BCBE.COM
NAME OF AGENT/APPLICANT R. BRUCE ANDERSON, ESQ,
FIRM ROETZEL & ANDRESS, LPA
ADDRESS 850 PARK SHORE DRIVE CITY NAPLES. STATE FL ZIP 34103
TELEPHONE # 239,649,6200 CELL # 239,250,2555 FAX # 239,261,3659
E-MAILADDRESS:BANDERSON@RALAW.COM '
Property Address 16,000 Immokalee Road CU Resolution #07-274, CU-2004-AR-6904
SectionlTownship/Range 35, 36 & 1,2/47 & 48S/27E Folio # 00113480009,00209240001, 00209200009
001/35;;'0008
Submittal Requirements:
)> Review fee in the amount of $750.00 issued to "Board of County Commissioners"
)> Addressing Checklist
)> Eight (8) copies of Letter describing request
)> Eight (8) copies of all documents necessary to address stipulations
)> Eight (8) copies of application form
G:\Current\Applfcation Forms\Admin Fence Waiver. doc July 2005
Agenda Item No. 7C
April 22, 2008
Page 28 of 52
RESOLUTION 07-.22.L
A RESOUTrION OF THE BOARD OF ZONING APPEALS
PROVIDlNG FOR A CONDITIONAL USE WHICH ALLOWS
FOR EARTII MINING WITH EXCAVATION OF FILL
MATERIAL TO A MAXIMUN DEPTH OF 45 FEET, OR TO
TIm CONFlN[NG LAYER, WHICHEVER IS LESS, AND
BLASTING OF MATERlAL IN A RURAL AGRICULTURAL.
MOBlLB HOME OVERLAY (A-MHO), IN COMPLIANCE
WITH All. BLASTINQ REQUIREMENTS PURSUANT TO
ARTICLE IV, SECTION 22 OF TIlE COll..1ER COUNT\'
CODE OF LAWS AND ORDINANCE AND SECTION 10,02,03
Of THE COLLIER COUNTY LAND DEVELOFMENT CODE
AND FOR PROCESSL'lO OF MATERIAL FOR PROPERTY
LOCATED EAST OF lMMOKALEE ROAD,
APPROXlMATELY 2 MILES NORTH OF OIL WELL ROAD.
THE SUBJECT PROPERTY IS LOCA1ED WlTHIN SECTIONS
35 & 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL
OF SECTION 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27
EAST, LESS ROAD RIGHT-OP-WAY FOR COUNTY ROAD
846 (IMMOKALEE ROAD), COLUER COUNTY, FLORIDA;
AND REPEALINO RESOLUTION NOS. 99-420 AND 01;.157,
WHEREAS, the Legislature of the State of Florida in Chapler 67-1246, Laws of Flonda,
and Chspler 125, Florida Statutes, hIlS conferred on Collier Coun!)' the power to establish,
coordinate and enf"OTCe zoning and such business regulations as are neceS-$aT)' for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopled a Land Development Code
(Ordinance No. 2004-41) whkh inoludes a Comprehensive Zoning Ordinance establishing
regulations f-or tbe zoning of particular geogrdphic divisions of1hc County. among which is the
granting of Conditional USesi and
WHEREAS, 00 November 9, 1999, by Resolution 99-420,. copy of which is attached as
Exhibit E, the Board of Zoning Appeals of Collier County approved a Ccnditiooa! Use providing
for earth mining with respect to the same property which is the s.ubject of this conditionaJ use
petition. which property is described in Exhibit B; <rod
WHEREAS, on June 20, 2006, by Resolution 06-157, a copy of which js attached ""
Exhibit F. the Board of Zoning Appeals of Comer County approved a second Conditional Use
. concemfng earth mining and blasting of material with respect to the .9mne property which is the
subject of this conditional use petition; and
WHEREAS, the owner of the subject property, Mining Venture, Ltc, 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 teplace Resolutions No.
99-420 and 06--157, '0 that this Resolution .etS forth all conditions for the granting of rlle
Conditional Use for the subject property,. and
WHEREAS, the Board of Zoning Appeals (Board), heing the duly appointed and
constiwted planning hoard for the area hereby affected~ has held a public hearing after notice as
in said regulations made and provided, and has considered tne advisability of allowing this
requested ex.pansion of the existing Conditional Use~ and
Page 10f2
Agenda Item No. 7C
April 22, 2008
Page 29 of 52
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 10.08.00.0. 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 havil1g considered all matters presented.
NOW, THEREFORE. BE IT RESOLVED BY The Board Of Zoning Appeals Of CoIller
CoUJlty. Florida. that:
(1) The petition filed by R. Bruce Anda,ron. Bsg.of Roettcl & And,..., representing
me owner of the property hereinafter desctibed in Ex.hibit "611 attaChed hereto and incorporated
by referenco herein, be and the same is heteby approved, to the ex.tent that the Board hereby
grants a new Conditional Use fot Rural Agricultur,al-Mobile Home Overlay (A~MHO) distric[ for
earth mining: ex.c.avation of fill material to. a maximum depth of 45 feet, or to the confining soH
layer, whichever is less, and blasting of material in compliance with all blasting requirements of
Section .10.02.03 Comer County Land Development Code in accordance with the Conceptual
Master Plan (Exhibit lie") and subject to the conditions set forth in Exhibit nO'1 v..'hich 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 aftet motion~ second and super-majority vote; this ~day of
9-,,0 f,/ii;;n{y /) ,2007.
ATTEST:
DWIGHT E.13ROCK,<;;LERK
By: elwl. ~~n{ .
Attest 1$ , <1C!erk
J1Q11ltln QI ~.
By:
atzkow
ssistant County Attorney
Page 2 of2
Agenda Item No, 7C
April 22, 2008
Page 30 of 52
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 Of 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 --.-LAffectmitigated by '::'+"pl,i,...;"0'S,~<.\,JPll l,,-! Cc j"c
_ 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)
(shouid not) be recommended fOf approval,
DATE: 9)' ,~ . tJ'1
\ 1_
CHAIRMAN:J ' '(U""
, (,
; 't
I')J.~
EXHIBIT A
Agenda Item No. 7C
April 22, 2008
Page 31 of 52
FINDING OF FACf
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine'
The following facts are found:
I. 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:
VNo 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 / No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval,
-
~
DATE: lJ-y 01
MEMBER:
Agenda Item No, 7C
April 22, 2008
Page 32 of 52
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:
I, 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 Lan7D w'elopment 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:
C,
Adequate ingress & egress; ,
Yes_ No_
Affects neighboring properties in relation to noise, glare, economic or odor
effects'
-.lo affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within diSr
Yes_ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DAlE:
01
MFMB= ~~~
Agenda Item No. 7C
April 22, 2008
Page 33 of 52
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Eartb Mine
The following facts are found:
1. Section i 0,08 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:
_ No affect or LAffect mitigated by {i')'{'i'~\'/'"'~ ;:>T Y't'fl,(,r.\l[\!
_ 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 ShOUI! with stipulations, (copy attached)
"
(should not) be recommended for approval. !
,
!
DA1E:
MEMBER:
(';~:r""'.:K ;'>i~ 5 .;? '
\
\'
\
\
Agenda Item No. 7C
April 22, 2008
Page 34 of 52
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 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:
c.
Adequate ingress & egress /
YesL No
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
bo affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within district
YeSLNO_
Based on the above findings, this conditional use should; with stipulations, (copy attached)
(should not) be recommended for approval.
DAlE: ~~;JJ -0 7
MEMBE~~ -)
..? ~,6 c:--;f' / V/'?- C /,o./...:::y-
''',.-." ,._",._-_...__._._---~---_. --'_.'-~-' "...-.------..
Agenda Item No" 7C
April 22, 2008
Page 35 01 52
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trost 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 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 -r: No
c. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or X Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesX No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: 8- 71-01
-
MEMBC d~,
Agenda Item No. 7C
April 22, 2008
Page 36 of 52
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The foliowing 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 Lan~ment 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 !K:cess in case of fire or catastrophe:
c,
Adequate ingress & egress /,'
Yes.L No
Affects neighboring properties ig.relation 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 diS~'
Yes_ No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
.t;L
;:(' ,
MEMBER: V
Agenda Item No. 7C
April 22, 2008
Page 37 of 52
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 iO.OS 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:
YesL No
B. lngress 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 -.-:::.. Affect mitigated by > H)111I :)17 Nil If T7U!.J.:..,
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
lv- i7-l ;::. ?-7 fit' i.-I'! rJ(!J./~
Yes ~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached.)
(should not) be recommended for approval.
DATE:
fl~ J !Jf
I I
, { .
M R: ~(' /i (/),
ME BE ','.. (f-n,u" il.,(../ ( (p', he;,
Agenda Item No. 7C
April 22, 2008
Page 38 of 52
, LeGAL D~SCRipTION
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 ~ST. LESS ROAD RIGHT-OF-WAY FOR
COUNTY ROAD ~6 (IMMOKALEE ROAD), COLLIER COUNTY,
FLORIDA. ' '
"EXHIBIT US"
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Agenda Item No, 7C
April 22, 2008
Page 40 of 52
Collier County Conditions of Aporoval
CU-04-AR-6904 Land Tnlst Earth Mine
This approval is conditioned upon the following stipulations because of the close
proximity to Golden Gate Estates in Collier County.
1. 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, safcty, or general welfare.
2. Jones Mine shaII 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 stirl'f and brought back to the
BZA after' six months from the date of this conditional use approval, on the fll'St
anniversary of this conditional use approval, and every two years subsequent to
determine whether additional stipulations or mitigation are necessary to insure
compatihility 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, fOT blasting shail be reviewed by staff and brought back to
the cepc 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.
g, The local damage contact wiIl be Mr, Damon Jones at 239-304-1506 or
www.jonesmining.com.
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 db!.
10, Ground vibration shall be allowed up to and not to exceed a calendar monthly
average of 0,20 inch per second,
Exhibit D
Agenda Item No, 7C
April 22, 2008
Page 41 of 52
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 numbqr 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 vehicies.
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 expansiolL
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 equip=nt. If
attenuation enclosures are not able to be achieved for other large equipment then an
earthen berm shall be installed around the pumps and eqnipment; up to the height
of the equipment being shielded, (Le. if the equipment is iO feet high then a 10 foot
high berm is required). The belm 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 tbe
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
Agenda Item No. 7C
April 22, 2008
Page 42 of 52
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 shaliower.
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 ofilie 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 sucb buildings and equipment
will be used in the reclamation process,
29. During each blBst 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 16tb Street N.E. and 201h Street N.E.; at the eastern
property border between 52nd Avenue N.E. and 581h Avenue N,E,
30. A pre-blasting survey shall be taken for all affected property owners who expressed
a concern at the Neighborhood lnfonnation 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 1D the homeowner and another copy shall be flied
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 =avation
pennit approval,
32. Evidence of U.s. Fish and Wildlife Service (FWS) and F10rida 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
Agenda Item No. 7C
April 22, 2008
Page 43 of 52
FWC Technical Assistance, follow up pedestrian surveys of each new mining block
will be conducted between 60 and 180 days prior to connnencement 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 "''etlands, 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 pennits or information as required
in the LDC will be required prior to excavation pennit approval.
36. Provide a 5.3 acre Jittoml area, suitable for wading bird habitat within the created
lake. Construction of '!he littoral area will commence 110 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 r:very 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 Comity. Tbe
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 iength oftime 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
-'I
Agenda Item No, 7C
April 22, 2008
Page 44 of 52
~NO BLAST ZONE
DBLAST ZONE
PROJECT, S.R, 846 lAND TRUST EARTH MINE
CLIENT: S,R. 846 lAND TRUST
Wi/.Millel -=~=--~
f-&1mM . EngTnms.. ~.. $lrmYiIfJ . !.andtcap,ArchIkcf$ . Tmnspo!tll/orTC~
WilsonMilhu,lnc.
m""I"'_~JW.. ~,fk1ridIUrl15..s8W'. i'bQa6 23g.f494",.. F,. m.JQ44s4. Wd-Sift ~1>DIlIl'IlH~~
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Agenda Item No. 7C
April 22, 2008
Page 45 of 52
CONSISTENCY REVIEW MEMO
To:
Melissa Zone, Principal Planner, Zoning and Land Development Review Department
From:
Corby Schmidt, AiCP, Principal Planner, Comprehensive Planning Department
Date:
March 10, 2008
Subject:
Future Land Use Element (FLUE) Consistencv Review
PETITION NUMBER: CUR-2008-AR-12955
PETITION NAME: SR-846 Land Trust Mine
REQUEST: To review an existing Conditional Use for earth mining, approved by Resolution No, 07-
274 on September 25, 2007, on a :t2564 acre site in the Agricultural - Mobile Home Overlay zoning
district for the excavation of fill material and blasting of material in compliance with conditions of
approval.
LOCATION: The subject site is located at 16000 immokalee Road, in Sections 35 & 36 of Township
47 South, IUtnge 27 East, and Sections 1 & 2 of Township 48 South, Range 27 East, The property lies
east of lmmokalee Road, approximately 2 miles north of Oil Well Road and 1 V, miles north of the
Collier County Agricultural Center and Fairgrounds,
COMPREHENSIVE PLANNING COMMENTS: The subject property is designated as
Agricultural/Rural, Rural Fringe lYlixed-Use District (RFMUD), Receiving Lands, on the Future Land
Use Map of the Growth Management Plan (GMP), The RFMUD provides a transition between the
Urban and Estates designated lands and between the Urban and Agricultural/Rural and Conservation
designated lands lying farther to the east, The GMP allows for earth mining activities within the
RFMUD Receiving Lands, The Collier County Land Development Code also indicates that earth
mining activities are permissible as conditional uses in the RFMUD Receiving Lands, This is the first
6-month review of the Conditional Use approval issued September 25, 2007.
REVIEW OF APPLICATION MATERIALS: Based upon the above analysis and review,
Comprehensive Planning staff concludes that the Conditional Use for the earth mine in the
Agricultural zoning district may be deemed consistent with the Future Land Use Element.
cc: Susan M. Istenes, Alep, Zoning and Land Development Department, Director
.Rtry Bellows, Zoning and I..Llnd Development Department, Manager
David Weeks, /lIep, ComprehensitJe PlanninJ!' Deparlment, Planning Manager
Ranc!J' Cohen, ..4ICP, Comprehensive Planning Deparlment, Diree/or
CD/FLUEfil,
Community Development & Environmental Services Division
Comprehensive Planning Department
.-
Agenda Item No, 7C
April 22, 2008
Page 46 of 52
A.COBLt CERTIFICATE OF LIABILITY INSURANCE t, ClDttllltcr.1UNl:I./PA'FIt
JU:D~.6Mnnt;.!U:lG4'l
t1/l/g~';lIlQ7 11:::1111 I'M
PRCM;iUI:BIt: THIS CERTIFICA~ IS ISSUED AS A MAnER OF INFORMATION
H~;hpo..' Ri.k s.:vio.. ~"O ON~Y ANO co eRS NO ~GHTS UPON THE C=CATI!
14l,IiQ n.U.. P.t1<w.~ flSPO HOt.DER. THIS ceRT!f.l~Te DOes NOT AM~E' ,iilo1 RI 0 OR
PAUIi!!f tt'X "5~54 ALTER THE COVERAG FFORDEO av THE PO ICI ELOW,
IBOOI 632.50~G I!IISUReRS AFFOROING COVERAGE
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AUTUQfl.~l)n~!51lNtA11V1I I r "."
ACOFlb 2lI-S (TIST)
200/IOOd
@ACORD CORPORATION 1 gaB
66V6 LLL V06(X~.)
Jll 9HI5~3l 53JIA~35 j"~15
OE'51 (HOW)L002-20-~d~
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Agenda Item No, 7C
'----.-----..,.-----1\p-,-jj.ZZ:--2008---,
Page 47 of 52
"AI,
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,
Original 3 of 3
-. COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
8302-72-24
',....
KNOW ALL PERSONS BY THESE PRESENTS; that S, R 846 Land Trust Agreement, 3606
Enterprise Avenue, Naples, Florida 34104-3698, (hereinafter referred to as "owner") and
FEDERAL lNSURANCE COMPANY. 15 Mountain View Road, Warren, New Jersey 07061,
(hereinafter referred to as "Surety") are held firmly bound unto, Collier County; Florida,
(hereinafter referred to as "COWlty) in the total aggregate sum of Five Hundred Thousand and
Noll 00 Dollars ($500,000.00) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents, Owner and Surety are used for singular or
plural, as the context requires,
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner will complete the
requirements of Excavation Permit No, 59,703 for the project "SR 846 Land Trust Commercial
Excavation" pursuant to Collier County Ordinance No, 91-102, as amended (hereinafter referred
to as "Land Development Regulations"). This obligation of surety shall commence on March 31,
2000 and shall continue until released in writing by the Development Services Director pursuant
to the Land Development Regulation, ("The Guaranty Period")
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and
duties in accordance with the Land Development Regulations during the guaranty period
established by the County, and the Owner shall satisfy all claims and demands incurred and shall
fully indemnify and save harmless the County from and against all costs and damages which it
may suffer by reason of oWner's failure to do so, and shall reimburse and repay the County all
outlay and expense which the county may incur in making good any default, then this obligation
shall be void, otherwise to remain in full force and effect,
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees
that no change, extension oftime, alteration, addition or deletion to the proposed specific
improvements shall in any way affect its obligation on the Bond, and it does hereby waive notice
of any such change, extension of time, alteration, addition or deletions the proposed specific
improvements,
PROVIDED FURTBER that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind
the Owner and the Surety to the full and faithful performance in accordance with the Land
Development Regulations. The term "Amendment," wherever used in the Bond, and whether
referring to this bond, or other documents shall include any alteration, addition or modification
of any character whatsoever,
Page 1
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AgeQ.c@Jt~r~,~'''~_.
Apn ,,2, 2uuo
Page 48 of 52
\.
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IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND 10 be
Executed this 31st day of Mlm;h. 2000,
()~%~
Witness
~f\+\1~
Witness
~~~
c-~t~
-~~'-'7~e/.
Witness '
S, R, 846 LAND TRUST AGREEMENT
~dL~
State Of Florida
County of Collier
On this3/ day j'f\alc.h ,2000, before me,the 'undersigned authority, personally
appear~,'c.M~ \ ':i 'B,IW d1'l 't \2J.w.Qci \... ~flS'WV'\ , to me known to be the
individuals described in and who executed the foregoing instrument and acknowledged
the execution of same, for and ,on behalf of and as the act and deed of said company, for
the uses and purposes therein expressed.
WITNESS my hand and official seal the date aforesaid,
~f)t-ti~
<:X-a.,lctl+e l\J - HJ eS;
(Signature of Notary Public - State of Florida)
(print, Type or Stamp Commissioned Name of
Notary Public)
Personally Known I or produced identification
Type of identification produced
CHARlam:N, HILES
~ My Colam Elp.9mI2OO1
"""cc_
___11_""
Page 2
. ....".~...> ..._. "M_'~___"""""""'~"
.l'g~nda Item No, 7C
ApriT2"Z,'1tJM
Page 49 of 52
.
r.
(-
~Jkijw/
wZ oroth ]'70@,
Witness Kim !iamiff' , '
FEDERAL INSURANCE COMPANY'
By ~~,~ ,.'
Karen R Kemp, mey-m-Fact
(1 ~ "6 c:..J.~ Q DOO ~
~ O:un
Witness
By ~~~~, ,
, Charles 1j:. Lugo, lorida Resident Agent
State of Georgia
County of Fulton
On this ~ day March ,2000, befote me, the undersigned authority, personally
appeared Karen R Kemo Attorncry-in-Fact for Federal Insurance Company ,to me known to
be the individuals described in and who executed the foregoing instrument and acknowledged
the execution of same, for and on behalf of and as the act and deed of said company, for the uses
and purposes therein expressed,
WITNESS my hand and official seal the date aforesaid.
oy-ch ~f!E 0 ,Ib? 1---
Latrelle G. Dorsey
Commission ExPires June 4 2003
(Signature of Notary Public - State of Georgia)
(print, Type or Stamp Commissiofled Name of
Notary Public) ,
Personally Known or produced identification
Type of identification produced
Page 3
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Agenda Item No, 7C
April 22, 2008
,..-"-'-",.-'-,.---'Page 50 of 52
~;I',
".,..~".-,~., "..
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'II...
State of Florida,
County of Collier'
On this 3 I" day March . 2000, before me, the undersigned authority,
personally appeared Charles E Lu~o. Florida Resident A~nt for Federal Insurance Company .
to me known to be the individuals described in and who executed the foregoing instrument as
a member of the flTIll ofS. R 846 Land Trust Ag:reement. (if applicable) and acknowledged
the execution of same, for and on behalf of and as the act and deed of said company, for the
uses and purposes therein expressed. '
WITNESS my hand and official seal the date aforesaid.
" >~." ~ ClilllRYNc.LOPEZ
I,.", ~ MYCOMMIS8IllNICC90095S
, ' \ . EXPIllES: JanuaJy 10.2OOl.
~l~q~ BolIded)bruNowyNlillUMllIWfIIItI
O~I... ^(S'-^ (' ~U-= C::::::,.(Signature of Notary Public - State of Florida)
('A. ty'w'((,. r L..o-p€-:?
(,print, Type or Stamp Commissioned Name of
Notary Public)
Personally Known ~produced identification
Type of identification produced
.'
"
Page 4
CE, ;IFICATE OF ACKNOWLEDt .ENT
Agenda Item No. 7C
April 22, 2008
Page 51 of 52
State of Florida }
County of Cn'''or
On 3\~\ \I::>c, before me ~ f) u:. ~ . personallyappeered
M;{"h:l'll!!l .J., Bm:;-a:rt. Co-Trustee. for SeRe 846 Land Trust Agreement
. . (here insert name and mle of the officer signing lhe agreement)
pstSonally known tp me (Of proved to me on the basIs of saUsfactory evidence) to be the person(s) whose name(s) Jslare
subscr;ibed..to the. within ,instrument and-acknowledged to me that he/~helthey 8xecul,ed Ihe same In hlslherltheir authorized
capaclty(les), and that by hlslherlthelr slgnature(s) on the instrument the person(s), 'or the enllly upon behalf of which the
parson{s) acted, executed the Instrument.
WITNESS my hand and official seal.
SlgnelUre ~ 1'\ 141 ~
(Seal)
QIMLOM N. HlLB
Mr~IP~.~l
Ho.CCI8aHIiI
~""""('''L&l.
CERTIFICATE OF ACKNOWLEDGMENT
State of Florida
County of Cn' 1i or
On 6(3//00 beforeme t1hR.rsi1neMve/("r ,personallyappeared
Rnn~'d L. ~rown.rGo-TruBtee for SaR. 846 Land Trust Agreeaent
(hare lnsert name.and lIlIe of the omcer signing !he agrlI'BrrEnl)
personally known to me (or proved'to me on the basis or smisfactory evidence) 10 be, the passante) whose narne(s) is/are
subscribed 10 the witmn instrument and acknowledged 10 me that helshe1lhey executed the same In hislhsrltheir authorized
capactty(les), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
}
, W~~~~
Signature " .
(SeaQ
..~CMIVneMuallat
*.,'kMf~a1Df1CC7"1019
\;'''~ ~MIIY 10.2002
CERTIACATE OF ACKNOWLEDGMENT
State of Florida }
County of en' H or
On :::.] 3.l ) ()() before me QX\Clf ~ 1\.). t-\ U~~ , personally appealed
'M'i,.h"fOl T ROT3na Individual for S.R. 846 LandrTrost As1;reE!Dlf!nt
(hare Insert name and U1te of lhe ofOur signing lhe agreement)
personaUy known to me (or proved to me on the basis_ of satisfactory evidence) to be the person(s) whose name(s) Ware
subscribed to the within instrument and acknowledged to me that helGhellhey executed the same in hlslherltheir authorized
capacity{ies), and that by hlslherJtheir signa1ure(s) on the Instrument the person(s), or the entity upon behalf of which the
person(s) acted, ex~cu(ed the instrument. ~
CWAlO1'tt N. HlLEI
WITNESS my hand and official seal. ,.. O:lmnt &p. ~I
(\\....."" _1\C'\+t^./\ , '11 _ : No.a:~
Signature 1 \{.1....lU.J.I\ \\l I .11\\ \..to (Seal) _ ~~II<<WW.
......,
CERTIFICATE OF ACKNOWLEDGMENT
State of Fiond.
County of r~l1ior
On 3/31 / CQ..... before me .J::.hd::rt-\ N! f--'\ue1~V' , personally appeared
Rnn91..1 T. nrovn~ Tndividn"l for SaR~ 846 Land Irust lwreement
(htllll Insert neme and tille 0' the officer &Ignlng lhe 81Faernent)
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Is/are
.Bubscfibed to the wilhln instrument and acknowledged to me that helshell:hey executed the same In hls/herlthelr au1hDfizBd
capacUy{les), and that by hJsl11erllhelr signature(s) on the instrument the person(s), or the entlly upon behalf ot wfIlch the
person(s) acted, executed the lnatrument.
, wrrNEJ~~~~~~
Signature
.
}
(S<laO
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[~*"'COlmIbIionCC7"1(lft
~..I'~MlV1g.~
....~'
---
..
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~" " Agenda Item No. 7C
,. ,.flOUP OF INSURAI'\"t';ECOMPANIES April 22, 2008
~ " Page 52 of 52
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,~ '. "of.' . ('1\1 ~._.
16 Mountain VIeW Road, ~,o. Bol<. 1815, Wanl!l:l1, New Jersey 07061.1615
,..,.---
I
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AGREEMENT OF INDEMNITY
Individual Bond
WHEREAS, application has b..n made to FEDERAL INSURANCE COMPANY, or any ot Its subsidiary or affiliatod insUlsrs,
of 15 Mountain View Road, Warren, New Jersey (hereinafter caJfed aCompany.)~ to become as surety upon a bond, number
A~n"}_7?_?6. . dated March 31.. 2000
in the sum of '''inn 000 no
on behalf of, as Prlnctpa/(s) f:. 'R All" "TJ:ind 'J'rnAf" ^UPAmpnf'
reslr;flngordolng business at "\lifIfi Knf'PTPTiq.. AvP.1U1P- NJlpleJ:~ Florida 34104-369~
in favor of, as Obllgee(s) f'.n 11 of AT Cnnnf'v ~ ,.1 nri da
conditioned for J'.Tr_~Hnn "Ppnrrft ''iq~ 701) fnr rhP pro1eet: S R. 8.46 Land TnIst CDIDDll!rical
F.".,....",",....nn
NOW, THEREFORE, in consideration of the Company executing saId bond and the undersigned (he~lnafterlnd;vidually
and cotlectlvely called'.lndemnltor") hereby requests the execution thereof, and in consideru:tlon of the sum of One
Dollar paid to the Inde:mnltor by said Company, the receipt whereof is hereby aclmowIEl~ged, the Indemnitor, being
substantially beneflted by the execution and delivery of said bond (and having either a direct or Indirect financial Interest
to said applicant), hereby agrees:
1. That Ihe Indemnftor wlll at all times indemnify and save harmless said Company from and against any and aU
loss, cost, damage or expense, including court costs and attorneys' fees, which it shall a.t any time Incur by
reason of its execution of said bond or its payment 'Of any claim or Uabillty Ihereunder and win place the said
COmpany in funds to meet aU Its liability under said bond promptly on request and before it may be required to
make arty payment thereunder:
2. That the voucher or other evidence of payment by said Company of any such loss, cost, damage, expense,
claim or liability shall be prima facie evidence of the fact and amount of the Indemnitorsliabifity to said Company
under thls Agreement; .
3. That the Company may make or consent to any Change or altaralion In said band and may execute renewals
thereof or other obligations In lieu thereof, or may consent or assent to any change or alteration In any InslrlJment.
contract or agreement concerned therewith, without notice to the Indemnitor (notice beln:Q expressly waived)
and, In such case the IndemnItor shall be liable to the Company furty and,to the s-ame eXle"t Ihat the Company
shall be flable undar such changed or artered bond or such renow~.!~y t~a{~!?1.~-L.1?1~Qr ~bli~allon$ in I~u ttJereo~;
.j.fi#If:~;. ",..,",,:!!~,=,., ,.'(,...<' .
4. That the Company shall have the 'exclusive right for itself and for.~~i.'b~d.~ry:J!'i1";Jr .to lake charge of all maUem
arising under said bond and decide whether or not it is liable thereunder and shall determIne the amount of lis
Uablllty 1n case It decIdes that It Is Ilab~. It may settle or compromise any claIms and defend, se1lle,or compromise
any suits ~nd take l5Uch other action in connecllon wJth any claim matter arising under said bond as l! may deem
advisable.' Any such decision, determination. setuement, defensa, compromise or other aclion of the Company
In connection with any claim matter arising under said bond shall b& final and conclusive and unconditionally
binding upon the Indemnitor;
5. That the Indemnltot and the heirs, legal representatives, successors and. assigns 0' lhe tndamnitor shall be and
hereby are Jointly and severally bound by the foregoing provisions of thIs Agreement, and that the liabillly of the
Indemnitor hereunder and of the heIrs, legal representatives, successors and assigns of the lndemnltor hereunder
shalt not be dependent upon the proper execution of thIs Agreement or any instrument herein referred to by any
other Indemnitor or by said applicant, and that tf the Company procures any co-surety on,sald bond, and Ills
hereby au1horlz-ed to do so, this Agreement shall be deemed extended to and for lhe be~eflt of said co-surety.
IT IS UNDERSTOOD AND AGREED thai all ofthelerms. provisions, end conditions of this Agreement shall bo extendsd
to and for the benefIt not only of the Company either as a direct writing company or as a co-surety or reinsurer bul also
for the benefH of any surety or insurance company or companies with which the Company may parUcipate as a co.
surety or reinsurer and also for the benefit of any other company which may execute said bond at the request Of the
Company.
IN WITNESS WHEREOF tho Indemnitor has signed this Agreement this 3bt dsy 01 March, 2000
S~ll. 846 Land Tru.8t Agreement S..ll. 846 Land Trust Agreeaent
~~ ~~u
Bona14 ~~~.te J, ~ - ~N~b5~V1UUh
To be acknowledged before 'a Notary Public: