§ 33-423. Control of Rockmining Uses.

(1)

Nothing in this article shall be construed to modify, amend or supersede any of the provisions of Chapter 24 of this Code.

(2)

Rockmining is permitted hereunder after a 10-year rockmining certificate of use issued by Director upon compliance with the terms and conditions of the Plan, as defined in Subsection (3) below, subject to cancellation upon violation of any of the terms and conditions of the certificate of use.

(3)

Application for a 10-year rockmining certificate of use shall be made by submittal of at least 3 sets of a 10-year lake excavation plan (the "Plan"), prepared and sealed by a Florida-licensed professional engineer, to the Director. The Plan shall indicate the extent of proposed lake excavation including any lake excavation phase lines, setbacks from property lines and zoned or dedicated rights-of-way, minimum and maximum lake depths, lakes slopes, ancillary uses, as well as any littoral shelves or other mitigation areas.

(4)

Upon review and evaluation of the Plan, DERM shall issue to the Director a recommendation stating whether the Plan complies with Chapter 24 of this Code and all conditions included in any permits required by DERM.

(5)

Upon review and evaluation of the Plan and the recommendation from DERM, the Director shall issue the 10-year rockmining certificate of use if the Director determines that the Plan is in compliance with the criteria enumerated in this section, this article, Chapter 24, and all conditions included in any permits required by DERM. It is provided, however, that a notice of intent to issue a rockmining certificate of use shall be advertised in a newspaper of general circulation no less than thirty (30) days prior to the issuance of the rockmining certificate of use. Notwithstanding anything in the Code to the contrary, within fifteen (15) days after the issuance of a rockmining certificate of use, notice of the Director's decision shall be published in a newspaper of general circulation. Any aggrieved person may only appeal the Director's decision to the Board of County Commissioners within thirty (30) days after the date of the newspaper publication. Upon issuance, the 10-year rockmining certificate shall allow the uses permitted by this Article and shall be promptly renewed with the Department, upon compliance with all terms and conditions, the same subject to cancellation upon violation of any of the terms and conditions. On an annual basis from the date of issuance of the 10-year rockmining certificate of use, a plan prepared and sealed by a Florida-licensed professional engineer shall be submitted to the Director, which plan shall depict the extent of rockmining conducted in the preceding 12 months. Failure to commence the excavation project within 6 months of the date of the original certificate of use issuance shall result in an abandonment of the excavation project.

(a)

The construction of the perimeter littoral restoration areas and lake slopes shall be performed as approved by the Director of DERM. In accordance with this requirement, "as built" surveys prepared and sealed by a Florida-licensed surveyor and/or professional engineer shall be submitted to the Department within 180 days of completion of the littoral shelf restoration.

(b)

The lake excavation site shall be suitably staked as approved by the Director and Director of DERM; stakes shall be maintained in proper position so that the limits of excavation, slopes, and grade levels may be easily determined.

(c)

Access to the lake excavation site shall be restricted and the property shall be suitably posted to meet with the approval of the Director and the Director of DERM; said postings shall denote the rockmining operation and warn the public concerning possible hazards prior to commencement and for the duration of the excavation.

(d)

If the lake excavation operation is discontinued, abandoned or time expires under the 10-year rockmining certificate of use, the excavation shall immediately be restored by the construction of the littoral area around the perimeter of the excavated lake, as required by DERM.

(e)

No positive drainage of storm water from roads or other source will be allowed to enter the excavation except as allowed under a Class II permit issued by DERM. Retention of pollutants is one criterion for issuance of such a Class II permit.

(f)

There shall be no direct connection between a lake excavation and a drainage canal. A system to allow overflows from lakes to canals for flood control purposes may be constructed subject to the approval of the Director and Director of DERM and upon the issuance of all required permits.

(g)

To ensure compliance with all terms and conditions imposed, a joint cash or joint surety bond or substantially equivalent instrument as approved by the Director shall be posted with the Department, payable to Miami-Dade County, in an amount as may be determined by the Director. The bond or equivalent instrument shall be in recordable form so that it may be recorded in the public records of Miami-Dade County and the instrument shall be executed by the property owner and any and all parties who may have an interest in the land, such as mortgagees. The bond amount shall be based on the estimated costs to create the approved perimeter littoral areas and slopes depicted on the submitted Plan and shall satisfy the requirements of the Department.

(h)

Upon completion of the lake excavation activities, the property shall be restored and left in a condition acceptable to the Director and the Director of DERM or their respective designee.

(i)

If, in the opinion of the Director, the excavation is hazardous to the surrounding area, the hazardous area shall be fenced in, or otherwise protected, by the applicant in a manner acceptable to the Director.

(j)

The perimeter of an excavated lake shall be consistent with the littoral shelf requirements of the approved Plan and the Class IV permits issued by DERM.

(k)

If a lake excavation is proposed to be excavated in phases, a separate phase plan shall be submitted with the initial Plan. The phase plan shall delineate the area to be excavated in each phase and the time frame projected to close out each phase of the excavation project.

(l)

Grading, leveling, and sloping of banks and perimeter littoral shelves shall occur on a progressive basis as the project develops and excavation progresses.

(Ord. No. 04-163, § 2, 9-9-04)