SPECIAL MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

March 2, 2004

 The Special Meeting of the Board of Levy County Commissioners was held on March 2, 2004 at 6:30 p.m. in the Bronson High School Auditorium, with the following Commissioners present:

Chair Lilly Rooks
Vice Chair Sammy Yearty
Comm. Danny Stevens
Comm. Tony Parker
Comm.  Nancy Bell

 Also present were:

County Attorney - Gregory V. Beauchamp
County Coordinator - Fred Moody

 

Chairwoman Rooks called the special meeting to order to hear the petition for a special exception submitted by White Construction Company. Chairwoman Rooks swore in Mr. Gerald Murphy, Mr. Steve Cullen and Dr. Douglas Smith as expert witnesses.

ZONING

Mr. Rob Corbitt presented the following petition:

Petition No. SE 10-03 White construction Company, petitioning the Board for a Special Exception to allow for Major Mining to establish a limerock mine for the purpose of extracting limestone and limerock for use as construction aggregate.  The proposed operation shall include blasting to ready the resource for excavation and crushing.  No backfill, including clean debris, construction and demolition debris, clean fill, unsuitable construction materials, solid waste or any other material will be brought to the mine.  The proposed site is located approximately 3,900 feet (.73 miles) East of Clay Landing Road, a/k/a LCR 401; NW 110th Avenue, and 6,900 feet (1.3 miles) North of Manatee Springs Road.  The Legal Description is a 60 acre tract in the SE 1/4 of Section 18, Parcel Account #00643-000-00, a 60 acre tract in the SW 1/4 of Section 17, Parcel Account #00639-000-00, a 20 acre tract in the NE 1/4 of Section 19, Parcel Account #00644-000-00, a 20 acre tract in the NW 1/4 of Section 20, Parcel Account #0647-000-00. All tracts lying in Township 11 South, Range 14 East, in Levy County. Parcel are located within an Agriculture/Rural Residential “A/RR” zone.  The Planning Commission recommended denial with the following Findings of Fact:

  1. Not compatible with the surrounding area.
  2. Not consistent with the Comprehensive Plan and Land Development Code.
  3. Does not meet the requirements for a vested mine.
  4. Proposed use is within a prohibited area pursuant to Section 50-850 I(c)(4), due to its proximity of the Manatee Springs State Park.
  5. No guarantee that water would not be contaminated.

 

Mr. Corbitt reviewed Staff findings in review of the application and submitted documentation.

Ms. Patrice Boyes, attorney for White Construction, explained it was their position that the proceedings should be truncated and it be found that it is a legal non-conforming use and grant the special exception.  Ms. Boyes said the ordinance enacted to prevent mining within a two (2) mile radius of a spring, state, county or federal park was discriminatory and intended only to apply to the petitioner.

Mr. Steve Cullen of Koogler & Associates Environmental Services reviewed the petition for the special exception by White Construction reviewing the mining operations that have taken place on the property. Mr. Cullen explained how the petition complied with the Comprehensive Land Use Plan and Land Development Regulations in presenting compliance with providing adequate buffering with sufficient set backs, impact to the traffic would be approximately 50 trips per day, outlining the routes the trucks would travel on SR 320, complying with all requirements of the Department of Transportation (DOT), compatibility with adjoining development for the Agriculture/Rural Residential (A/RR) and addressing the controls for noise, dust or odor pollution with a detailed site plan included.  Mr. Cullen said aerial maps commencing from 1940 reflect mining began in 1961 and substantial mining from 1982 to 1984 and continued to at least 1988. Mr. Cullen said it was their opinion that the radius of no major mining within two (2) miles of Manatee or Fanning Springs was arbitrary with no scientific basis.  Mr. Cullen said the petitioner would install deceleration lanes if required and discuss with the School Board for alternate bus sites. Mr. Cullen said the operation of a mine would not devaluate the surrounding properties and would encourage an increase in the value of the property.

Dr. Douglas Smith, Geohazards, Inc., explained his report to do a reconnaissance survey to identify conditions associated with transmissivity at depths using electrical resistivity for a depth to 75 feet finding a relatively uniform lithology, no evidence of well-developed cavities or raveling activity, no anomalous resistivity values or sounding patterns, no evidence of preferred zones of transmissivity, such as well-established fracture systems or conduits and concluded no geophysical evidence that proposed activity would adversely impact existing hydrological conditions. Dr. Smith said other testing methods could include ground penetrating radar and direct boring. Dr. Smith said the survey was performed on the southern and western boundary of the proposed mining site.

Dr. Smith explained the blasting effect could carry a vibration source up to ten (10) miles away and extend deeper than 75 feet depending on the nature of the material and size of the disturbance. Dr. Smith said his investigation did not reveal any evidence of the proposed mining operation deteriorating the quality of water in public or private wells, water quality or flow of Manatee Springs or Fanning Springs.  Dr. Smith said they had no information that there were any known steams, conduits, lineaments, fractures or matrix flow paths with a potential to impact Manatee Springs or Fanning Springs.

Dr. Smith explained there were further tests that could be performed that have been requested by the Department of Environmental Protection (DEP). and they had received specific direction to proceed with further testing.

Mr. Cullen explained that blasting is solely controlled by the State Fire Marshall’s Office and is outlined in the Florida Statutes and Florida Administrative Code relating the that authority and how relief is sought for any damages that effect life, health, and property.  Mr. Cullen reviewed the petition and its compliance with the Comprehensive Land Use Plan and Land Development Regulations with explanations of the blasting proposed and requested the petition for Special Exception be granted.

Mr. Danny Williams, Mr. Chris Hardee, Mr. Cord Gould, Mrs. Nancy White Bennett, Mrs. Michelle McElroy, Mrs. Karen White spoke in support of the petition stating that it was an active mine, it would be an economical benefit to the community, it would have less impact on polluting the springs and rivers than surrounding septic systems, concerns on land owners rights to use their property and the contributions that have been provided to the community for many years.

Mr. Phillip Beck, Attorney, explained opponents to the special exceptions were concerned of the adverse impact or affect to the natural resources like Manatee Springs,  supporting property rights that do not have an impact outside a property owner’s boundary, an adverse affect on tourism, noise and dust pollution and heavy commercial traffic interspersed with recreational vehicles, school buses and residential travelers.  Mr. Beck said there was information that the Department of Environmental Protection (DEP) has served a Letter of Intent to Deny to the petitioner.  Mr. Beck said correspondence obtained from the Department of Environmental Protection (DEP) had requested four (4) different  tests providing absolute assurance that the Phase II testing more extensive and this testing has not been done.  Mr. Beck said no evidence had been presented by the petitioner establishing that there was a commercial mining operation at the site.

Mr. Mark Long, Mrs. Annette Long, Mr. Gerald Murphy, Mr. Buford Pruitt, Ms. Lynn Rabin, Mrs. Sandy Fink, Mr. Jerry Leary, Mr. Robert Talios, Mr. Creedy Gravely, Mrs. Mary O’Leary spoke in opposition to the proposed petition stating concerns and providing documentation of the impact to Manatee Springs, designated as an outstanding Florida water, pollution to wells, karstic features of the proposed site, mapping and depths of underground caverns and streams feeding to Manatee Springs, review of aerial photographs reflecting no active mining reflected on map of 1979 and appearing on a map taken in 1982, heavy commercial traffic, impact of blasting and excavation on valuation of property, damage to property, impact to tourism, excessive wear and tear on SR 320, and the increase probability of serious accidents and the ordinance concerning adopted to protect the rivers and springs within the county.

Comm. Yearty moved to deny the request for a special exception for an intensive mining operation as it was located in a prohibited area with its proximity to a natural spring, and it is not consistent with the Comprehensive Land Use Plan, being in an environmentally sensitive area, not compatible with surrounding property use, would not protect the health, safety and welfare of the people, and there was no substantial evidence provided that water quality would be protected. Comm. Stevens seconded and the MOTION CARRIED UNANIMOUSLY.

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

                                                                                
                      Lilly Rooks, Board Chairman

ATTEST:

 

                                                      
Danny J. Shipp, Clerk of Court