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Home My WebLink AboutLtr. from Community Developement DirectorCity of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ❑ FAX (561 ) 589-2566 November 4, 1997 Ms. Corinn VanBuskirk 865 Dolores St. Sebastian, FL 32958 Dear Ms. VanBuskirk: '�A234g6 NOV 1997 �Rece . Offi�egers oz 6ti In response to your letter of October 20, 1997 to Mayor Barnes, the following information is provided: 1. Is Cumberland Casualty & Surety Co. aware the mining operation is now permitted by St. Johns River Water Management District to mine 107.7 acres? Do the current bonds reflect these changes? What about the mulching project on this site, is that covered? I do not know if Cumberland Casualty & Surety Co. is aware of the status of the mining operation. That question should be addressed to them. The current bonds held by the City are sufficient for the permitted mining operations. Bonds are not required for the mulching project. 2. How are the Bond Amounts determined? Restoration - $46,380.00 Compliance - $51,380.00 The compliance and restoration bond amounts are determined by Sec. 20A -5.30(e)2. Amount: "The compliance bond shall be posted in the amount of one thousand dollars ($1,000.00) per acne of the project site with a minimum of five thousand dollars ($5,000.00). The restoration bond shall be posted in the amount of one thousand dollars ($1,000.00) per acre of excavation with a minimum of five thousand dollars ($5,000.00)." The Vickers Grove Sand Mine is comprised of three phases: Phase 1 12.3 acres X $1,000 = $12,300.00 Phase 2 17.9 acres X $1,000 = $17,900.00 Phase 3 12.3 acres X$1,000 = $12.300.00 $42,500.00 w It is my understanding that the site was originally approved as a subdivision with a 65.2 acre stormwater management tract. The excavation of this area technically is not a "sand mine" nor was it permitted as a "sand mine". Therefore, a bond was not required for that portion. I can not explain the inconsistency between the above number and the amount of the bonds ($42,500 vs. $46, 380 and $51,380). 3. If these bonds are out of compliance, has anyone sought recovery from Cumberland Casualty & Surety Co.? These bonds are not out of compliance and therefore recovery has not been sought from Cumberland Casualty & Surety Co. 4. When you receive the Annual Progress Report for this project, could I please have a copy. We have received an annual progress report and a copy is attached for your information. This report is incomplete and unacceptable. The owner has been notified and a more complete report has been required. A copy of that will be forwarded to you when we receive it. If you have any questions concerning these responses or require additional information, please feel free to contact me. Sincerely, Robert J. Massarelli Community Development Director cc: Mayor and City Council Mr. Thomas Frame, City Manager R -x' November 12, 1997 le RECEIVED J3 '10 City of Sebastian �Jr! CLERK'S 1225 Main Street OFFICE Sebastian, FL 32958 kcv Dear Mr. Mayor, I would like to thank your staff for the recent response regarding, Vickers Grove Sand Mine & Subdivision. Attached you will find copies of SJRWMD technical staff report along with Cumberland Casualty & Surety Co. Bonds. That indicate 95.4 acres excavated or mined with a total project site of 117 acres, site plan reflects the same. $1,000 per excavated acre x 95.4 acres = $1,000 per acre of project site x 117 acre site = 1. Can someone explain the inconsistencies with these Bonds? (Sec. 20A-5.30) e 2. why is Report staff? your code not enforced, when the Annual Progress is late, incomplete and unacceptable to City (Sec. 20A-5.30) 4 (4) rAnnual'progress report, The applicant holding a valid min. ing permit shall file, an or before October 1 of each year, a written report with the city building department identify- ing the -lands mined and reclaimed for. the preceding cal- endaryear and identifying lands expected to be mined and lands planned for recla mation'during the current year. ""V4i"eP0.rtdah{8ll'elsoverify compliance with all conditions of other.petrrt9ttiifg.authoritiewand shall note the expira- tion,d4tgp4azrall permits. Failure to file the required an- nual progress report shall be grounds for suspension of the operating permit; however, all extension of time for filing may be granted by the planning and zoning commission upon written request and for reasonable cause, after hearing. Sincerely, - (� �9 LL L IL O- t Corinn VanBuskirk MANAGEMENT AND STORAGE OF SURFACE WATER TECHNICAL STAFF REPORT ober APPLICANT: Henry Fischer P.O. Box 780068 Sebastian, Florida 32978-0068 AGENT: Mosby & Associates Attn: Steve Cooper 2455 - 14TH Avenue Vero Beach, Florida 32960 COUNTY: Indian River PROJECT NAME: VICKERS SAND MINE SECTIONS: 17 TOWNSHIP: 31S RANGE: 39E ACRES OWNED: 117 PROJECT._ ACREAGE: 117 AUTHORITY: 40C-4.041(l),(2)(b), F.A.C. GENERAL DESCRIPTION OF APPLICATION NO. 4-061-0088AM3- This application is for the modification of an existing surface water management system. The proposed modification will include the enlargement of an existing sand mine. RECEIVING WATER BODY(ies): Groundwater (CLASS II & OFW) EXISTING LAND USE: Existing sand mine OPERATION AND MAINTENANCE ENTITY: Owner STAFF COMMENTS: This project is located just south of SR 512 and west of US $1 in the City of Sebastian. The mine is located within a mile of the Indian River Lagoon on the Atlantic Coastal Ridge. The following is a chronology of the District's permitting associated with this project. -PROJECTMESCRIPTI01� REyA'4W&M-82 RFRaST o. * 49.5 -ACRE SAND MINE 10/11/88 4-061-0088 TO A DEPTH OF 5 FT. MSL * SUBDIVISION AROUND THE MINE 1/9/90 4-061-0088M * DEEPEN 65 -ACRE MINE 2/12/91 4-061-0088M2 TO -40 FT. MSL This request is associated with the sand mining operation and impacts the permitted subdivision. The applicant proposes to increase the excavated area of the mine from 65.2 -acres to 95.4 -acres. Areas that were proposed to be lots and cul-de-sacs will be excavated. CUMBERLAND CASUALTY & SURETY COMPANY 4 -We Waters . ',r•. -. 5µ$e, 1 OL -3344, , • 1' �'tiJ Fes' 6Ci, QRS 673'4 R E S T O R A T I';O N B O 11 D MB4(i 02 KNOW ALL MEN BY THESE PRESENTS That we, HENRY A. FISCHER AND SONS. INC. of SEBASTIAN. FLORIDA (hereinafter called the Principal) as Principal, and CUMBERLAND CASUALTY & SURETY COMPANY, a TEXAS corporation with principal offices at 4311 WEST WATERS AVE.. SUITE 401 TAMPA FL 33614 (hereinafter called the Surety) as Surety, are held and firmly bound unto CITY OF SEBASTIAN (hereinafter called the obligee), in the penal sum of FORTY SIX THOUSAND THREEE HUNDRED EIGHTY DOLLARS AND NO/100 ($46,380.00) Dollars, for the payment of which well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED AND SEALED this 14TH day of JULY 19 94 WHEREAS, .the said Principal has made or is about to make application to said Obligee for { a license as } ( a permit to } a permit to a minlnq operation. tract 95.4 acrac ;n cave. for a term beginning on July 14, 1994 and ending on July 14, 1995. NOW, THEREFORE, If the Principal shall indemnify the Obligee against any loss directly arising by reason of the failure of said Principal to comply with the laws or ordinance under which such license or permit is granted, or any lawful rules or regulations pertaining thereto, then this obligation shall be void; otherwise to lie and remain in full force and effect. PROVIDED, HOWEVER, AND UPON Tf{E FOLLOWING EXPRESS CONDITIONS: CUMBERLAND CASUALTY & SURETY COMPANY C O M P L I A N B O N E KNOW ALL MEN BY THESE PRESENTS That we, 4311 West Waters Suite 401 Tampa, FL 33614 813/885-2112 FAX: 813/885-6734 MB 4709' •npl. SONS,INC. of '---C- SEBASTIAN FLORIDA (hereinafter called the Principal) as Principal, and CUMBERLAND CASUALTY h SURETY COMPANY a TEXAS corporation with principal offices at 4311 WEST W AVE. SUITE 401 TAMPA FL 33614 (hereinafter WATERS called the Surety) as Surety, are held and firmly bound unto CITY OF SEBASTIAN (hereinafter called the Obligee), in the penal sum of FIFTY y ONE Dollars, V - vu for the payment of which well and truly to be made we do hereby bind ourselves, our heirs executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED AND SEALED this 14TH day of JULY 19 94 1dHEREAS, the said Principal has made application to said Obligee for or 1s about to male a Permit to a min* operation tract 95 as } { a permit to 1n Sec. li Townshi 31 S. Ran a..39E, acres in size located for re uirement of com liance, q. City of Sebastian fora term beg' Florid inning on Julyjuly 14, 994 and ending on July 1—_._.1995. NOW THEREFORE, :C the Principal shall indemniCv the Obligee •against am loss directly arising by reason of elle failure of said, i'Iconie ' to comply with the la:.s or ordinance under which such iiCense or permit- is granted, or arty lawfill rules oc :>crr:ininr= �hcrr_to, thou) thi: oblicatlon rCCU la ior.•= ;e nr. : ,oma i n 1 lira I. I be vo i j ; in fu11 For -C-2 .nd eC,.ecc 110t%"' V iCi.', AND - = `7 TOTAL SITE AREA • 117 ACRES +/-. EXISTING PERMITTED LAKE AREA = 21g -3y PROPOSED LAKE AREA EXPANSION = PROPOSED TOTAL LAKE AREA - 4,IZg1r7c� �� = REFER TO SHEET 3 OF q FOR LAKE EXCAVATION VOLUME CALCULATIONS. PREVIOUS SJRWMD PERMITS: a. VICKER'S LAND MINE I b. VICKER'S LAND MINE II C. VICKER'S GROVE MSSW d. VICKER'S GROVE SUBDIVISION - N0. 4-061-0088A - NO. 4-061-0088AM - NO. 4-087-0088M - NO. 4-061-0088M2 (LAKE DEEPENING) REFER TO THE CONSTRUCTION DRAWINGS PREPARED BY MASTELLER AND MOLER ASSOCIATES, INC. DATED OCTOBER 1989 FOR ADDITIONAL CONSTRUCTION DETAILS. (SJRWMD MSSW PERMIT 4-087-0088M) REFER TO OVERALL SURVEY COMPLETED BY FOWLER LAND SURVEYING, DATED MAY 4, 1989. THE EXISTING SITE CONDITIONS ARE PRESENTLY AN ON-GOING LAND MINE WITH THE UNMINED AREAS CONSISTING OF OPEN, UNCULTIVATED AGRICULTURAL LAND WITH MINIMAL VEGETATIVE COVER CONSISTING OF NATIVE SEDGES AND GRASSES. ALL SANDMINING OPERATION SHALL BE IN STRICT ACCORDANCE WITH THE CITY OF SEBASTIAN'S LAND DEVELOPMENT CODE SECTION LOA -5.19. THE COMPLETION AND EXPANSION OF THE PROPOSED LAKE SHALL BE MINED IN THE WET. STATEMENT OF OPERATION. 3. THE PROJECT IS CURRENTLY UNDER OPERATION. b. PROPOSED HOURS OF OPERATION ARE 7:00 am TO S:C 0 �&j MONDAY THROUGH SATURDAY. REFER TO SHEET 3 FOR TOTAL ESTIMATE $OII^, mp EXCAVATE. d• METHOD OF EXTRACTING AND PROCESSING THE EXCAVATED MATERIAL WILL BE BY DRAGLINE AND DREDGING. OPERATING PRACTICES PROPOSED ^_'0 MINIMIZE DUST AND AIR CONTAMINANTS WILL BE BY GRASSING ACID WATERING TI!E SI^'E `• RECLAMATION OF THE PROJECT WILL BE BY COMPLETION PROPOSED VICKER'S GROVE SUBDIVISION. OF THE EROSION WILL BE CONTROLLED ON-SITE BY THE CONSTRUCTION OF THE SANDMINING EXCAVATED BASIN. THERE WILL BE NO OFF-SITE DIRECT DISCHARGE OF WATER FROM THE LAKE. miu`f �tjjm °i�lolu z o. w Qa Qd W D �. u Z w z o. > ® < ,V^s Ir 1 10 Z10 a Cl 0 N 2 4 M (n 0 I c;y;f City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ❑ FAX (561) 589-2566 November 4, 1997 Ms. Corinn VanBuskirk 865 Dolores St. Sebastian, FL 32958 Dear Ms. VanBuskirk: In response to your letter of October 20, 1997 to Mayor Barnes, the following information is provided: 1. Is Cumberland Casualty & Surety Co. aware the mining operation is now permitted by St. Johns River Water Management District to mine 107.7 acres? Do the current bonds reflect these changes? What about the mulching project on this site, is that covered? I do not know if Cumberland Casualty & Surety Co. is aware of the status of the mining operation. That question should be addressed to them. The current bonds held by the City are sufficient for the permitted mining operations. Bonds are not required for the mulching project. 2. How are the Bond Amounts determined? Restoration - $46,380.00 Compliance - $51,380.00 The compliance and restoration bond amounts are determined by Sec. 20A -5.30(e)2. Amount: `The compliance bond shall be posted in the amount of one thousand dollars ($1,000.00) per acre of the project site with a minimum of five thousand dollars ($5,000.00). The restoration bond shall be posted in the amount of one thousand dollars ($1,000.00) per acre of excavation with a minimum of five thousand dollars ($5,000.00)." The Vickers Grove Sand Mine is comprised of three phases: Phase 1 = 12.3 acres X$1,000 = $12,300.00 Phase 2 = 17.9 acres X $1,000 = $17,900.00 Phase 3 = 12.3 acres X $1,000 = $12,300.00 $42,500.00 It is my understanding that the site was originally approved as a subdivision with a 65.2 acre stormwater management tract. The excavation of this area technically is not a "sand mine" nor was it permitted as a "sand mine". Therefore, a bond was not required for that portion. I can not explain the inconsistency between the above number and the amount of the bonds ($42,500 vs. $46, 380 and $51,380). 3. If these bonds are out of compliance, has anyone sought recovery from Cumberland Casualty & Surety Co.? These bonds are not out of compliance and therefore recovery has not been sought from Cumberland Casualty & Surety Co. 4. When you receive the Annual Progress Report for this project, could I please have a copy. We have received an annual progress report and a copy is attached for your information. This report is incomplete and unacceptable, The owner has been notified and a more complete report has been required. A copy of that will be forwarded to you when we receive it. If you have any questions concerning these responses or require additional information, Please feel free to contact me. Sincerely, �' V rl ��J� Robert J. Massarelli Community Development Director cc: Mayor and City Council Mr. Thomas Frame, City Manager 89 May 3, 1997qe A �eM�gis �� Cm pK�cs To Whom It May Concern, As a homeowner immediately adjacent to the Vickers Grove Subdivision & Sand Mine for over 10 years, I would appreciate answers to the following questions. A. Sebastian Land Development Code 20A-5.22 page 347 # 2 under conditions for the mining. 1. What is your interpretation? 2. Is this in compliance with City of Sebastian Code & permit conditions of SJRWMD? B. Sebastian Land Development Code 20A-5.30 page 349 # 4 under Operating conditions of mining. Only previous permits issued from SJRWMD appear on the Annual Report dated 1-6-97. 3. Which permit # is the one that expires March 12,2001? 4. Is this in compliance with City code? 5. Are you all sure, there will be no effect on the aquifer recharge potential with the removal of 107.7 acres of the Atlantic Sand Ridge C 40' below MSL ? 6. Who is going to maintain this lake when the project is done? 7. When is this project going to be completed? Thank you for your attention in this matter. Sincerely, Corinn VanBuskirk cc City of Sebastian St. Johns River Water Management District 865 'Daom' -5treqa- Sebastian, FL 32958 October 20, 1997 Mayor Walter Barnes City of Sebastian 1225 Main Street Sebastian, FL 32958 i bEZj RE: VICKERS GROVE SAND MINE/SUBDIVISION RESTORATION BOND - MB004302 COMPLIANCE BOND - MB004709 Dear Mr. Mayor, f� r ( : t 1•j ro "�j£21 991 ��' r tialS Cit aFFic�. Would you or your staff please help clarify the following: 1. Is Cumberland Casualty & Surety Co. aware the mining operation is now permitted by St. Johns River Water Management to mine 107.7 acres? Do the current Bonds reflect these changes? What about the mulching project on this site, is that covered? 2. How are the Bond amounts determined? Restoration - $46,380.00 Compliance - $51,380.00 3. If these Bonds are out of compliance, has anyone sought recovery from Cumberland Casualty & Surety Co.? 4. When you receive the Annual Progress Report for this project, could I please have a copy? Sincerely, Va-A < Corinn VanBuskirk cc: SJRWMD Mr. Henry Dean Cumberland Casualty & Surety Co. November 12, 1997 City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Mayor, OF��c�i eb cF;0�r� I would like to thank your staff for the recent response regarding, Vickers Grove Sand Mine & Subdivision. . Attached you will find copies of SJRWMD technical staff report along with Cumberland Casualty & Surety Co. Bonds. That indicate 95.4 acres excavated or mined with a total project site of 117 acres, site plan reflects the same. $1,000 per excavated acre x 95.4 acres = $1,000 per acre of project site x 117 acre site = 1. Can someone explain the inconsistencies with these Bonds? (Sec. 20A-5.30) e 2. Why is Report staff? your code not enforced, when the Annual Progress is late, incomplete and unacceptable to City (Sec. 20A-5.30) 4 (4) 'Annual'progreas report. The applicant holding a valid min- ing permit shall file, on or before October I of each year, a Written report with the city building department identify ingtha.lands mined and -'reclaimed for the preceding cal. endaryear aind identifying lands expected to be mined and Iands!,planned for reclamation' during the:current year. WOWI)QCkSbA 1'alao-verifpcompliance with all.conditions of OtherQPGr ttti8g:'authoritiea,and shall note the expire. tioa'dgtepd'oa•all permits.^Failure to file the required an- nual progress report shall be grounds for suspension of the operating permiti however, an extension of time for filing may be granted by the planning and zoning commission upon written request and for reasonable cause, aller hearing. ncerely, . %"wr Corinn VanBuskirk