§ 62-4423. Financial security; required information; certification of compliance; inspections.

(a)

Financial security. Unless specifically exempted in this division, it shall be unlawful for any person to alter land without prior issuance of a land alteration permit pursuant to the following conditions:

(1)

Road damage or improvement bond. Prior to using roads in the county for truck transport of land excavation materials, the applicant may be required to post a bond sufficient to indemnify the county for any damage to such roads from such use. The road and bridge division will determine the amount of the bond. If improvements to any county or state roads will be necessitated by such truck use, the applicant shall pay for the cost of such improvement and shall post a bond prior to permit approval to guarantee such payment.

(2)

Financial security for reclamation plans.

a.

Required. An applicant shall be required to secure its performance of the reclamation required under this division by a performance bond, letter of credit, savings account or cash. The applicant shall deliver bids from at least two qualified licensed general construction contractors or an estimate certified by a professional engineer for the complete construction of all reclamation in compliance with the approved reclamation plans and the requirements of this division.

b.

Nature of security. The applicant shall deliver security in the amount of 100 percent of the estimated costs of the reclamation, insuring that reclamation of the altered area will occur within the time period specified in the plan. The applicant shall provide the board of county commissioners security as follows:

1.

The applicant shall deliver to the board a good and sufficient performance bond guaranteeing the performance of the reclamation activities and that such work shall be free from defects and properly done;

2.

The applicant shall deliver to the board a good and sufficient letter of credit issued by a banking institution located in the county in accordance with section 62-2848, with such letter of credit guaranteeing performance of the reclamation activities and that such reclamation is free from defects and properly done; or

3.

The applicant shall establish a savings account or provide a certificate of deposit in a county bank or savings and loan institution. The savings account or certificate of deposit shall specify that payment to the county shall be made on the written demand of the county to the bank or institution and notice to the applicant that reclamation activities have not been completed as required or that such reclamation is not free from defects in materials or workmanship.

A letter of credit shall be accepted as security where the total cost of the reclamation project is less than $100,000.00. The applicant shall execute a performance agreement with the board and the bank or financial institution when a letter of credit, certificate of deposit or savings account is furnished as security. Any bond or letter of credit furnished the board shall contain an agreement that the surety or financial institution shall pay the board costs, including reasonable attorneys' fees, if the board finds it necessary to commence legal action on the security.

c.

Form of bonds. The bonds required by this section shall be issued from a company licensed as a surety in the state, listed by the U.S. Treasury Department, and rated AAAAA in Best's Insurance Guide. The form of the bond submitted under this section shall be approved by the county, and the bond shall be filed with the clerk of the circuit court in the county.

d.

Release or reduction of security. No security shall be released until a certificate of completion of the reclamation project has been issued.

(b)

Identification information. The following information is required:

(1)

The name, address and telephone number of the owner or owners of the land for which the permit is requested. If the applicant is not the owner, a notarized statement from the owner consenting to the alteration shall be attached to the application.

(2)

The name, address and telephone number of the applicant's agent residing in the county upon whom service of legal process may be made.

(3)

The name, address and telephone number of the Florida registered professional engineer of record for the project.

(4)

The name and address of all owners of land contiguous to the property to be altered, together with a map showing the location of their ownership.

(5)

The legal description and street address, if any, of the parcel of land for which the permit is requested, and a copy of the deed reflecting ownership of the land.

(c)

Information regarding existing conditions. Prior to the issuance of any land alteration permit, a description of existing conditions, including the following information, must be provided to the county. For sites less than ten acres in size, the information requested in this subsection shall be prepared in favor of the county by a professional land surveyor or a professional engineer, with the exception of subsections (c)(1)c, (c)(8) and (c)(9). For sites ten acres in size or greater, the information must be certified in favor of the county by a professional land surveyor or a professional engineer, with the exception of subsections (c)(1), (c)(8) and (c)(9).

(1)

Topographic maps of the property showing contour lines, at two-foot intervals, of the actual ground contours prior to the commencement of alteration. These maps shall include a north arrow, date, and scale of one inch equals 20 feet, one inch equals 50 feet, one inch equals 100 feet, or one inch equals 200 feet. Through overlays or other graphic techniques, the maps shall clearly show:

a.

The boundary of the property.

b.

The location of the 100-year, 25-year and ten-year floodplains as indicated by The Flood Insurance Study for Brevard County, Florida, and Unincorporated Areas, April 3, 1989, prepared by the Federal Emergency Management Agency; and The Mean Annual, Ten-Year, 25-Year and 100-Year Profiles for the Upper St. Johns River Under the Existing Conditions, prepared by Dr. Donthamesetti V. Rao, P.E., St. Johns River Water Management District (March 1985), or the most current data available to and approved by the county.

c.

All wetlands and other water bodies on the property.

(2)

Blue line aerials of the property prior to the commencement of alteration at a scale of one inch equals 200 feet or one inch equals 400 feet.

(3)

A description and depiction of existing land use on the property and within 100 feet of the property, and existing structures, roads, easements, septic systems and utility lines.

(4)

An inventory of all existing wells on the property, including locations, depths, water source, estimated annual extraction rates, water use and proposed disposition of the wells.

(5)

A description and depiction of specific soil types or soil associations occurring on the property.

(6)

The location for permit display.

(7)

A description and depiction of the surface hydrology on the property, including mean water level and average flows of all surface watercourses, and drainage patterns.

(8)

A description and depiction of the vegetative associations on the property.

(9)

An indication of which wetlands will be preserved, or disturbed but restored, or negatively impacted.

(d)

Information regarding proposed activities. Prior to the issuance of a land alteration permit, a description of proposed activities must be provided to the county. At a minimum, excavation and filling projects must provide the information requested within the indicated requirements listed in this subsection. Such descriptions must be prepared and certified by a professional land surveyor or professional engineer according to the same size thresholds established in subsection (c) of this section.

Activity	Excavation	Excavation	Filling
Acreage	¾—10	Over 10	¾ or greater
Requirements	(1)—(8)	(1)—(14)	(1)—(6), (9), (14)

 

(1)

A description and depiction of the units to be altered, the sequence of alteration, and the estimated periods of time involved.

(2)

Depiction of the areas to remain undisturbed and calculation of the acreage of land to be disturbed by alteration activities.

(3)

A description of the hydrological impacts of the proposed alteration activities, including impacts on post-reclamation drainage patterns. Effects on mean water level and average base flows of surface watercourses shall also be given, as well as effects on the surficial aquifer and wetlands during and after the completion of alteration operations.

(4)

A description of erosion and nonpoint pollution control measures to be taken during alteration activities, specifying the extent, density and types of vegetative cover to be used, plans and layout of any erosion control structures or devices, and measures to reduce fugitive dust from unpaved roads, processing areas, loading facilities and similar sources.

(5)

Cross section of proposed excavation and fill areas showing:

a.

Elevation of existing ground.

b.

Peak elevation of proposed fill.

c.

Lowest point of proposed excavation.

d.

Typical side slopes.

(6)

Applicable St. Johns River Water Management District, state department of environmental regulation or other applicable permits or completed permit applications. If the operation is exempt from permits, a letter of exemption must be provided.

(7)

Applicable county drainage permits. If the operation will be dewatering or otherwise discharging water into a county-maintained drainage facility, a letter of exemption must be provided.

(8)

Identification of the materials to be excavated and the estimated yearly production of ore, product and byproduct.

(9)

A description and depiction of the location of all proposed storage and haul routes, including but not limited to permanent roads, bridges, railroad tracks or other permanent transportation facilities.

(10)

A description of any chemical processes proposed to be used, and the nature, type and expected efficiency rate of any pollution control devices used in the operation.

(11)

A description of the use of water and the water recirculation system, including identification of the estimated quantities of water to be extracted, impounded or diverted, dewatering pumpage and the locations thereof, any aquifer recharge systems and the locations thereof, and a description of well construction and any dam or diversion structures. This shall include engineering estimates of the monthly water balance for the projected highest, lowest and average rainfall sequence for the operation life of the excavation, accounting for all sources of water input to the water recirculation facilities and ore processing steps and all water outputs and losses from the system. This shall also include an explanation of computational methods and assumptions.

(12)

A description of solid and liquid waste to be created by the excavation operation, including quantities, locations of generation and disposal, disposal methods, time schedules for disposal, and the physical, chemical and radiological properties of the waste.

(13)

Plans to protect water bodies from sedimentation and water quality degradation. Water bodies associated with the recirculation water system are exempt from this requirement.

(14)

A description of the location of equipment storage, maintenance and fueling facilities, if any.

(15)

Disclosure of land alteration activity that may involve the use of explosive materials and a depiction of where such activities may take place.

(e)

Reclamation plan. The reclamation plan submitted with the application for land excavations shall include the following information. With the exception of subsections (e)(2), (8), (9) and (12) of this section, reclamation plans shall also be prepared and certified in favor of the county by a professional land surveyor or professional engineer according to the site size thresholds established in subsection (c) of this section.

(1)

The plan shall include a site plan with a north arrow, date, and scale of one inch equals 20 feet, one inch equals 50 feet, one inch equals 100 feet, or one inch equals 200 feet.

(2)

The plan shall describe the manner in which restructuring, reshaping and revegetation will be accomplished, including type, size and density of vegetation to be used.

(3)

The plan shall show all areas to be reclaimed by depicting or describing what manmade and natural features will exist when the reclamation plan is completed.

(4)

The plan shall depict the area to become a lake for all lake creations.

(5)

The plan shall delineate the configuration and area of the littoral zone for all lake creations.

(6)

The plan shall depict a typical cross section, with contours generally oriented lengthwise through the alteration area, showing areas to be filled, backfilled, reconstructed or reshaped. High and mean water elevations shall also be shown when a lake creation is proposed.

(7)

When a fence, wall or vegetative buffer is proposed or required, its location shall be depicted within the reclamation plan.

(8)

The plan shall document how the proposed reclamation of the property relates to existing and planned land uses in the area and how it complies with the county comprehensive plan.

(9)

Where a conflict exists between the reclamation plan and the county comprehensive plan, the reclamation plan shall state how and when these conflicts will be reconciled.

(10)

Alternative reclamation plans may be submitted at any time to reflect changing land use patterns and character.

(11)

The plan shall include a description of how water quality and wildlife habitat will be maintained in the future.

(12)

The plan shall include a description of the recreational amenities created by the reclamation activity, if any.

(f)

Relationship to other permit applications. When the proposed alterations are also the subject of a development of regional impact application pursuant to F.S. ch. 380, or where a St. Johns River Water Management permit is required, the alteration plan application need not duplicate the information presented in the DRI or St. Johns River Water Management District permit application, which when simultaneously submitted to the county for review may be appropriately cross referenced in the alteration plan application.

(g)

Fee. The required fee shall be established by resolution of the board.

(h)

Certification of compliance. Within 60 days of the completion of the land alteration activities permitted under this division, the applicant shall provide the county a certified statement that the alteration activities outlined within the application have been completed according to the conditions of the permit. The certification shall be provided by a professional land surveyor or professional engineer.

(i)

Inspections. Inspections of a land alteration-site may be conducted by the director to determine whether the land alteration permit conditions are being met.

(Code 1979, § 14-112.4; Ord. No. 06-67, § 3, 12-12-06)